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显示第 8473–8496 篇,共 24,712 篇文章

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Sep 4, 2013criminal-lawestafapresumption-of-innocencereasonable-doubtidentity-of-accusednegotiable-instruments-law

Presumption of Innocence: Why Identity Must Be Proven Beyond Reasonable Doubt in Estafa Cases

The Supreme Court acquits an estafa accused because the prosecution failed to prove his identity as the offender beyond reasonable doubt.

Sep 4, 2013anti-graftra-3019public-officerprocurementsandiganbayangood-faith

Breach of Trust When Good Faith Fails in Public Office

A governor's conviction for violating RA 3019 shows that reliance on officials' assurances does not excuse sidestepping procurement rules.

Sep 4, 2013rapecriminal lawconsentsweetheart defenserevised penal codesupreme court

Rape Conviction Affirmed: Force and Consent in Sexual Assault Cases

The Supreme Court affirms a rape conviction, clarifying that voluntary presence in a motel does not equal consent to sex.

Sep 4, 2013labor-law

Probationary Teachers Schools Duty TO Communicate Performance Standards FOR Regular Employment

Sep 4, 2013legal ethicsattorney disciplinecode of professional responsibilitynegligenceclient communication

Attorney Suspended for Incompetence and Lack of Communication with Client

Supreme Court suspends lawyer for six months for filing cases in wrong courts and failing to update client on case status.

Sep 4, 2013agrarian reformzoning ordinancecarpdarab jurisdictionhlurbland conversion

Zoning Laws and Agrarian Reform: When Local Ordinances Conflict With National Land Policy

When local zoning reclassifies agricultural land, approval by the HLURB is required—otherwise, CARP coverage still applies.

Sep 3, 2013land registrationproperty lawpublic landpossessionpd 1529public land act

Perfecting Land Titles: Possession Requirements for Public Land Registration in the Philippines

Understand the possession rules for registering public land under PD 1529, including the June 12, 1945 requirement clarified by the Supreme Court.

Sep 2, 2013mining lawfinality of judgmentimmutability of judgmentenvironmental lawmines adjudication boardphilippine national oil company

Finality of Judgments in Mining Permit Disputes: Stability Over Relitigation

The Supreme Court affirms that final and executory decisions in mining disputes cannot be relitigated, upholding the doctrine of immutability of judgment.

Sep 2, 2013judicial accountabilityadministrative lawundue delayjudgesretirement benefitsspeedy disposition

Judicial Accountability: The Price of Delayed Justice in the Philippines

A retired judge was fined P20,000 for leaving 23 cases undecided. Learn the rules on judicial accountability and timely case disposition.

Sep 2, 2013administrative lawdue processjudicial efficiencyrule 140supreme court

Judicial Efficiency vs Due Process: Striking a Balance in Administrative Cases

The Supreme Court absolves a judge of administrative liability, clarifying the balance between judicial efficiency and due process rights.

Sep 2, 2013civil-law

Malicious Damage Exclusion Does Not Cover Vehicle Theft by Employee

Theft by an insured's employee is covered by insurance unless the policy explicitly excludes "loss," not just Since the driver was in the insured's service, the insurer argued that the theft fell unde

Sep 2, 2013chain of custodydrug casesra 9165buy-bust operationcriminal lawacquittal

Chain of Custody in Drug Cases: Protecting Rights and Ensuring Justice

The Supreme Court acquits a drug suspect due to broken chain of custody, underscoring the need to protect accused rights.

Sep 2, 2013best evidence rulequieting of titlesecondary evidenceland titledeed of salerule 130

Best Evidence Rule in Quieting Title: Heirs of Margarita Prodon v. Heirs of Maximo Alvarez

Supreme Court clarifies when the Best Evidence Rule applies in quieting title cases, and when secondary evidence may prove a deed's existence.

Sep 2, 2013best evidence rulerules of courtquieting of titleevidencecivil lawsupreme court

Beyond the Document: When the Best Evidence Rule Doesn't Apply in Philippine Law

The Best Evidence Rule only applies when a document's terms are in issue—not its existence. Learn from a 2013 Supreme Court ruling.

Sep 2, 2013insurance lawcontract interpretationinsurance exclusionstheft coveragesupreme court

When Insurance Exclusions Cover Damage But Not Loss: A Philippine Supreme Court Ruling

Philippine Supreme Court rules that "malicious damage" exclusion in insurance policies does not cover theft or loss of a vehicle.

Aug 28, 2013certiorariprocedural ruleslabor lawcourt of appealssupreme court

Flexibility in Certiorari Petitions: Courts May Still Grant Extensions Despite Procedural Rules

Philippine Supreme Court clarifies that courts retain discretion to extend the 60-day period for certiorari petitions despite A.M. No. 07-7-12-SC.

Aug 28, 2013agrarian reformjust compensationland valuationdarland bankproperty law

Just Compensation and Voluntary Land Sales: Valuing Property Under Agrarian Reform

A landowner who accepts payment and transfers title under agrarian reform cannot later seek higher just compensation. The Supreme Court explains.

Aug 28, 2013banking lawnegligencecivil codedamageshome loanuhlp

Bank's Duty of Diligence in Home Loans: Comsavings Bank v. Capistrano

When a bank makes a borrower pre-sign a house completion certificate, it breaches its duty of highest diligence and may be liable for damages.

Aug 28, 2013maritime-lawseafarer-benefitspoea-contractwork-related-illnessdeath-benefitssupreme-court

Seafarer Death Benefits: Proving Work-Related Illness After Contract Termination

Learn when a seafarer's death after contract end is compensable, and the evidence needed to prove work-related illness under the POEA Contract.

Aug 28, 2013illegal dismissalcertiorariprocedural ruleslabor lawforced resignationsupreme court

Illegal Dismissal Claims and the 60-Day Rule for Certiorari Petitions

Philippine Supreme Court clarifies when courts may extend the 60-day period to file certiorari petitions, and discusses forced resignation in illegal dismissal cases.

Aug 28, 2013labor-lawillegal-dismissalproportionate-penaltymanagement-prerogativewillful-disobediencecompany-rules

Balancing Company Rules and Employee Rights: The Doctrine of Proportionate Penalty in Illegal Dismissal Cases

When does a company rule violation justify dismissal? The Supreme Court clarifies the doctrine of proportionate penalty in illegal dismissal cases.

Aug 28, 2013forum shoppingexecution of judgmentgovernment fundslocal governmentcontemptlitis pendentia

Forum Shopping and Government Funds: Rallos v. City of Cebu on Execution of Judgments

The Supreme Court dismisses a contempt petition for forum shopping and clarifies rules on executing money judgments against local governments.

Aug 28, 2013criminal-lawdeath-of-accusedextinguishment-of-liabilityrevised-penal-codepeople-v-bayotas

Death of Accused Pending Appeal Extinguishes Criminal Liability and Civil Liability Ex Delicto

The Supreme Court clarifies that an accused's death before final judgment extinguishes criminal liability and civil liability arising from the offense.

Aug 28, 2013agrarian reformjust compensationland valuationland bankra 6657property law

Just Compensation and Land Valuation: Fairness in Agrarian Reform

When a landowner accepts the government's valuation and transfers title, can they later seek a higher price? The Supreme Court clarifies.