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显示第 8833–8856 篇,共 24,714 篇文章

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Mar 20, 2013naturalizationcommonwealth act no. 473declaration of intentioncitizenshipsupreme courtimmigration law

Premature Naturalization Petitions: Strict Compliance With Filing Deadlines

The Supreme Court rules that filing a naturalization petition before the one-year waiting period ends is fatal, reversing a grant of citizenship.

Mar 20, 2013land registrationwitness competencyfailure to prosecuterules of courtproperty law

Authority to Represent: Clarifying Witness Competency in Land Registration Cases

Supreme Court clarifies that witnesses need no special authorization to testify, reversing dismissal of land registration case.

Mar 20, 2013criminal-lawrapecredibilityintimidationrevised-penal-codesupreme-court

Rape Conviction Upheld: Victim Credibility and Use of Intimidation

Supreme Court affirms rape conviction, ruling that a credible victim's testimony and the use of a deadly weapon suffice to prove guilt.

Mar 20, 2013qualified theftcriminal lawbreach of trustrevised penal codesupreme court

Breach of Trust Defining Qualified Theft in Philippine Law

The Supreme Court clarifies the elements of qualified theft, emphasizing grave abuse of confidence as the distinguishing factor in criminal cases.

Mar 19, 2013election-lawcomelecmajority-voteen-bancjurisprudencebarangay-election

Majority Voting in Comelec En Banc Decisions: Why a 3-3 Tie Has No Legal Effect

A tied Comelec en banc vote cannot produce a valid ruling. The Supreme Court explains why a majority of all members is required.

Mar 19, 2013election-lawcertificate-of-candidacysubstitutiondisqualificationresidency-requirementsupreme-court

Substitution in Elections: Residency Requirements and Certificate of Candidacy Validity

Philippine Supreme Court ruling on when a disqualified candidate can be substituted, distinguishing disqualification from certificate of candidacy cancellation.

Mar 19, 2013administrative lawfinality of judgmentsmotion for reconsiderationjudicial disciplinesupreme court

Finality of Judgments: Repeated Motions for Reconsideration in Administrative Cases

Supreme Court warns against filing repeated motions for reconsideration in administrative cases, affirming the doctrine of finality of judgments.

Mar 19, 2013election-lawcomelecelectoral-tribunalballot-appreciationbarangay-electionssupreme-court

Upholding Electoral Tribunals Discretion Respecting THE Voters Intent IN Contested Ballots

A 3-3 Comelec en banc vote has no legal effect; the case must be reheard, the Supreme Court rules.

Mar 18, 2013contempt of courtindirect contemptdue processjudicial ethicsgross ignorance of the law

Contempt of Court: Safeguarding Due Process in Indirect Contempt Proceedings

The Supreme Court fined a judge P10,000 for ordering a litigant jailed for indirect contempt without a written charge, an opportunity to comment, or a hearing.

Mar 18, 2013criminal-law

Upholding Ombudsmans Authority Challenging Bias IN Graft Cases

Mar 18, 2013administrative-lawcivil-service-commissionprocedural-rulesliberal-constructionrule-43due-process

Liberal Interpretation of Procedural Rules Ensures Substantive Justice in Administrative Appeals

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in administrative appeals.

Mar 18, 2013criminal-lawwarrantless-arrestillegal-drugsconstitutional-rightsra-9165rule-113

Unlawful Arrest and Illegal Drug Possession: Protecting Constitutional Rights

Supreme Court acquits drug suspect due to unlawful warrantless arrest, emphasizing constitutional rights against unreasonable searches and seizures.

Mar 18, 2013constructive-dismissaldemotionlabor-lawmanagement-prerogativetransfer-of-employeesillegal-dismissal

Constructive Dismissal: Demotion and Intolerable Working Conditions Under Philippine Law

Philippine Supreme Court clarifies constructive dismissal through demotion and intolerable working conditions in The Orchard Golf and Country Club v. Francisco.

Mar 18, 2013contempt of courtdue processrule 71gross ignorance of the lawadministrative law

Contempt of Court: Why Due Process Matters in Indirect Contempt Proceedings

A judge was fined for summarily holding a litigant in contempt without the required charge and hearing under Rule 71.

Mar 13, 2013legal ethicsprofessional responsibilityattorney disciplineclient trustcode of professional responsibility

Upholding Client Trust: Attorney's Neglect and Misrepresentation Lead to Suspension

A lawyer who misleads clients about case status violates the Code of Professional Responsibility and faces suspension, as shown in this Supreme Court ruling.

Mar 13, 2013labor-lawoverseas-filipino-workersillegal-dismissalseafarer-rightsbackwagesra-8042

Overseas Workers' Full Compensation for Illegal Dismissal: Key SC Ruling

SC clarifies that illegally dismissed overseas workers with contracts under one year get full unexpired term salaries, including benefits.

Mar 13, 2013labor-lawillegal dismissalloss of trustterminationsupreme court

Loss of Confidence in Dismissal Cases: Employers Must Substantiate the Breach of Trust

Philippine Supreme Court clarifies that loss of trust and confidence requires clear, convincing proof, not mere allegations.

Mar 13, 2013criminal lawrapeinformationdue processsupreme court

Beyond Labels: Conviction for Rape Stands Despite Mislabeling in Information

Philippine Supreme Court clarifies that mislabeling a crime in the Information doesn't invalidate a conviction if the facts alleged constitute the offense charged.

Mar 13, 2013corporate lawbanking lawpiercing corporate veilsubsidiary liabilityphilippine supreme court

When Banks Can't Be Sued for Subsidiary Debts: Piercing the Corporate Veil in Philippine Banking

Philippine Supreme Court clarifies when banks may be held liable for subsidiary obligations and when the corporate veil protects them.

Mar 13, 2013civil lawcontractsaffidavitsdemandinterestobligations

Contract vs Affidavit: Intent and Demand Determine Enforceability

How Philippine courts distinguish contracts from affidavits by intent, and why demand matters for interest accrual.

Mar 13, 2013ejectmentunlawful detainerlandlord-tenanturban land reformright of first refusalphilippine law

Balancing Landlord Rights and Tenant Protection When Personal Use Justifies Eviction

Explore how Philippine courts balance a landlord's need to repossess property for personal use against a tenant's rights under urban land reform laws.

Mar 13, 2013corporate lawpiercing the corporate veilcivil lawlimited liabilityalter ego doctrine

Piercing the Corporate Veil: When Banks Are Not Liable for Subsidiary Debts

The Supreme Court clarifies when courts may—and may not—pierce the corporate veil to hold parent banks liable for subsidiary debts.

Mar 12, 2013certiorarimotion for reconsiderationrule 65preliminary injunctionmortgage foreclosurecivil procedure

Motion for Reconsideration Before Certiorari: The Novateknika Rule

Philippine courts require a motion for reconsideration before filing certiorari. Learn the rule, its exceptions, and why it matters.

Mar 12, 2013election lawdigital evidencecomelecautomated electionsbest evidence ruleelectoral protests

Digital Ballots As Primary Evidence Protecting Electoral Integrity In The Philippines

The Supreme Court ruled that digital ballot images from PCOS machines are functional equivalents of physical ballots, protecting elections from tampering.