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显示第 8161–8184 篇,共 24,708 篇文章

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Feb 5, 2014leasepossessionejectmentcontract-lawsupreme-courtmoot

Expiration of Lease Contracts Resolving Possession Disputes

When a lease expires, so does the lessee's right to possession. The Supreme Court clarifies the rule in Pasig Printing v. Rockland.

Feb 4, 2014court of tax appealslocal taxationjurisdictioncertioraricity of manilatax refund

CTA Jurisdiction Over Local Tax Disputes: The City of Manila v. Grecia-Cuerdo Ruling

The Supreme Court clarifies that the Court of Tax Appeals has jurisdiction over certiorari petitions questioning RTC interlocutory orders in local tax cases.

Feb 4, 2014administrative-lawgrave-misconductcourt-personnelpublic-trustdismissalcode-of-conduct

Breach of Public Trust Dismissal for Court Employee Defrauding Litigant

Court stenographer dismissed for grave misconduct after soliciting P65,000 from a litigant by falsely promising to fast-track an adoption petition.

Feb 4, 2014writ of amparoenforced disappearancehuman rightshabeas corpusphilippine supreme courtburgos case

Enforced Disappearance and the Writ of Amparo: Balancing Rights and Remedies

The Burgos case shows how the writ of amparo protects victims of enforced disappearance and holds state agents accountable.

Feb 4, 2014commission on auditmecoone china policygovernment owned and controlled corporationsmandamusadministrative law

Navigating Unofficial Ties: When COA Can Audit MECO Funds Under the One China Policy

A 2014 Supreme Court ruling clarifies MECO's status and when the Commission on Audit may examine its funds.

Feb 4, 2014real estate lawprofessional regulationpolice powerconstitutional lawproperty rightssupreme court

Regulating Real Estate Professional Standards AND Property Rights IN THE Philippines

The Supreme Court upheld the Real Estate Service Act's licensing rules for developers, balancing professional standards with property rights.

Feb 3, 2014property-lawreligious-corporationscorporation-codeunenforceable-contractscivil-codesupreme-court

When Church Approval Is Key: Validity of Property Sales by Religious Corporations

Supreme Court rules on when a religious corporation's property sale is unenforceable without required church approvals, citing the Corporation Code.

Feb 3, 2014legal ethicsdisbarmentcontempt of courtfinality of judgmentcode of professional responsibilitysupreme court

Disbarred Lawyer's Finality Defense Fails: Contempt and Execution in Bihag v. Era

Supreme Court denies disbarred lawyer's bid to reopen final judgment, cites contempt and orders execution of PHP 4.1M restitution.

Feb 3, 2014certiorarirule 45deadlinesextensionsphilippine lawsupreme court

Certiorari Deadlines: No Extensions Without Compelling Reasons in the Philippines

Learn the strict rule on certiorari deadlines under Rule 45, including when extensions may be granted and the limits of court discretion.

Jan 29, 2014chain of custodydrug evidenceillegal possessioncriminal lawsupreme courtfair trial

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

Learn how the Supreme Court's chain of custody rule protects accused persons from planted evidence in Philippine drug cases.

Jan 29, 2014chain of custodyillegal drugscriminal lawevidencesearch warrantshabu

Chain of Custody in Drug Cases: Why Marking Seized Items Immediately Matters

The Supreme Court acquits a drug possessor due to broken chain of custody, emphasizing the critical importance of immediate marking of seized items.

Jan 29, 2014statutory rapesexual assaultchild abusecriminal lawrapesupreme court

Protecting the Vulnerable: Statutory Rape and Sexual Assault in the Philippines

The Supreme Court affirms the conviction of a man for statutory rape and sexual assault against a six-year-old child, clarifying key legal principles.

Jan 29, 2014civil lawcontractssolidary liabilityarticle 1311obligation and contractsupreme court

When Can a Party Be Held Liable for Another Person's Debt? A Philippine Supreme Court Guide

Philippine Supreme Court clarifies when a person may be held liable for another's debt under Article 1311 of the Civil Code.

Jan 29, 2014unfair competitionintellectual propertyprobable causecounterfeit goodscriminal lawra 8293

Unfair Competition Probable Cause: Supreme Court on Counterfeit Goods Evidence

Supreme Court rules on probable cause for unfair competition under the Intellectual Property Code, reversing dismissal of counterfeit goods case.

Jan 29, 2014labor-lawseparation-payjust-causemisconductsocial-justicetermination

Misconduct and Separation Pay: When Is an Employee Entitled to Separation Pay

The Supreme Court clarifies when a dismissed employee may still receive separation pay, and why theft bars such an award.

Jan 28, 2014legal-ethics

Breach OF Trust Disbarment FOR Attorneys Dishonest Dealings With Clients

Jan 28, 2014labor-lawhabitual-tardinesscivil-servicejudiciary-employeesadministrative-casepublic-trust

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Ground for Dismissal

Court employee dismissed for habitual tardiness and absenteeism. Learn the rules on punctuality and public trust in the Judiciary.

Jan 28, 2014ombudsmanadministrative-lawconstitutional-lawindependencesupreme-courtra-6770

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Jan 27, 2014criminal lawrapecredibilityevidencereclusion perpetuasupreme court

Rape Conviction Upheld: Victim’s Credibility and the Weight of Positive Identification

The Supreme Court affirms a rape conviction, detailing how a victim's credible testimony and positive identification outweigh denial and alibi defenses.

Jan 27, 2014labor-lawprocedural-rulescounsel-substitutionnon-forum-shoppingnlrcappeal-perfection

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Jan 27, 2014criminal-lawrapecredibilityvictim-testimonypositive-identificationanti-rape-law

Credibility in Rape Cases: The Weight of the Victim's Testimony and Positive Identification

In rape cases, the victim's credible testimony alone can convict. This article explains the rules on credibility, identification, and damages.

Jan 26, 2014administrative lawdue processformal chargecivil serviceuraccs

Formal Charges and Due Process in Philippine Administrative Law: The Salva v. Valle Ruling

Philippine administrative law requires a valid formal charge before dismissal. The Salva v. Valle ruling explains why.

Jan 22, 2014civil-lawfamily-lawmarriagepresumption-of-marriageevidencesupreme-court

Presumption of Marriage: Proving Marital Status Beyond a Marriage Certificate

The Supreme Court clarifies how marital status is proven in the Philippines, emphasizing the presumption of marriage and the limits of documentary evidence.

Jan 22, 2014administrative lawcivil serviceexhaustion of administrative remediesreassignmentgovernment employees

Clerks of Court and the Rule on Exhaustion of Administrative Remedies in Reassignment Cases

A reassignment order in government service must be challenged through administrative remedies first. The Supreme Court explains why.