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显示第 9265–9288 篇,共 24,719 篇文章

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Aug 23, 2012criminal-lawrapevictim-testimonyforce-and-intimidationsweetheart-theorysupreme-court

Rape Conviction Upheld: Credibility of Victim Testimony and Use of Force in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that credible victim testimony suffices even without medical evidence or immediate reporting.

Aug 23, 2012corporate rehabilitationstay ordercollection suitcreditorscorporate law

Rehabilitation Proceedings and Claims: When a Stay Order Bars Separate Collection Suits

A Supreme Court ruling explains how corporate rehabilitation stay orders bar separate collection suits and bind creditors to approved rehabilitation plans.

Aug 22, 2012abuse of rightscivil lawarticle 19damagescontractual rights

Abuse of Rights Doctrine: Balancing Contractual Rights With Social Responsibility

The Supreme Court explains how the abuse of rights doctrine limits contractual rights, using a banana plantation dispute as a case study.

Aug 22, 2012collective bargaining agreementlabor lawlabor rightscba benefitsillegal dismissalphilippine labor law

CBA Benefits Limited to Bargaining Unit Members: Understanding Labor Rights

Supreme Court rules CBA benefits apply only to bargaining unit members, not dismissed employees. Learn the legal basis.

Aug 22, 2012collective bargaining agreementlabor lawmanagement prerogativeemployee benefitsloan policysupreme court

CBA Loan Benefits vs Bank Policy: When Management Rules Violate the Agreement

SC rules on when a bank's "no negative data bank" policy for employee loans violates the existing CBA. Learn the limits of management prerogative.

Aug 22, 2012medical malpracticenegligencehospital liabilitysurgical errorsanesthesiologistsupreme court

Medical Malpractice: Establishing Negligence and Hospital Liability in Surgical Errors

The Supreme Court clarifies when surgeons and anesthesiologists are liable for negligence and when hospitals are not, in a botched caesarean case.

Aug 22, 2012family courtsjurisdictionarraignmentcriminal procedurera 8369hierarchy of courts

Family Court Jurisdiction and the Accused’s Right to a Valid Arraignment

When a case is filed in the wrong court, the proceedings are void—including the arraignment. The Supreme Court explains why.

Aug 22, 2012agrarian reformtenant rightsvoluntary surrendersecurity of tenurepd 27ra 3844

Protecting Tenant Rights: Voluntary Surrender of Land Under Agrarian Reform

When is a tenant's surrender of land valid under agrarian reform? The Supreme Court clarifies the rules on voluntary surrender and tenant security of tenure.

Aug 22, 2012certiorarirule 45venuecivil proceduresupreme courtphilippine law

When Can Courts Extend the 60-Day Rule for Filing Certiorari? A Philippine Guide

Philippine Supreme Court explains when the 60-day certiorari filing period may be extended, and clarifies venue rules for personal actions.

Aug 21, 2012venuecivil procedurereal party in interestrules of courtphilippine law

Venue in Civil Cases: Real Party in Interest's Residence Governs, Even for Plaintiffs Abroad

Philippine venue rules: when a plaintiff resides abroad, the case must be filed where the defendant resides—not where the attorney-in-fact lives.

Aug 15, 2012seafarersdisability benefitslabor lawpoea contractpermanent total disability

Seafarer Disability Claims: When a Fit-to-Work Declaration Comes Too Late

The Supreme Court ruled that a seafarer's temporary total disability becomes permanent once the 240-day treatment period lapses without a valid fitness declaration.

Aug 15, 2012administrative-lawdue-processformal-hearingcivil-servicepagcsupreme-court

Due Process in Administrative Cases: When a Formal Hearing Is Not Required

The Supreme Court clarifies that due process in administrative cases does not always require a full formal hearing, as long as the respondent is given an opportunity to be heard.

Aug 15, 2012legal ethicsattorney-client relationshipconflict of interestcode of professional responsibilitydisbarment

Upholding Client Confidentiality When Prior Representation Bars Subsequent Claims

A lawyer who sued a former client for a new client violated the duty against conflicting interests, earning a one-year suspension.

Aug 15, 2012administrative-lawdue-processcivil-servicepagcformal-investigationgovernment-officials

Due Process in Administrative Cases: When Formal Hearings Are Not Required

The Supreme Court clarifies that formal hearings are not always required in administrative cases, as long as the respondent is given an opportunity to be heard.

Aug 15, 2012torrens-titleindefeasibilityproperty-lawpossessioncivil-lawphilippine-law

Torrens Title vs. Claim of Ownership: Indefeasibility and Rightful Possession

A registered Torrens title is indefeasible and best proves ownership. Learn how courts treat claims against it in possession disputes.

Aug 15, 2012default judgmentevidenceappellate reviewrules of courtcollection of sum of money

Default Judgments: Scope of Appellate Review and Admissibility of Evidence

A defaulting defendant may still appeal, but only on limited grounds. The Court clarifies how evidence is treated on appeal from a default judgment.

Aug 15, 2012administrative lawdue processformal investigationcivil servicepresidential anti-graft commission

Due Process in Administrative Cases: The Melendres Doctrine on Formal Hearings

When is a formal hearing required in administrative cases? The Supreme Court clarifies due process rules for government officials facing charges.

Aug 15, 2012civil lawaccretionproperty lawtorrens titleabandoned creek bedreconveyance

Accretion vs Title: Proving Ownership of Abandoned Creek Beds

Philippine Supreme Court ruling on when an abandoned creek bed transfers ownership and why a Torrens title prevailed.

Aug 15, 2012civil-lawproperty-ownershipwatercoursesreconveyancetorrens-titlefree-patent

When Creeks Shift: Land Ownership and Natural Watercourse Changes in the Philippines

Philippine Supreme Court ruling on who owns abandoned river beds when creeks change course naturally, and the burden of proof required.

Aug 15, 2012writ of possessionextrajudicial foreclosureact 3135family home exemptionredemption period

Writ of Possession Stays Ministerial Despite Foreclosure Irregularity Claims

Explaining when courts must issue writs of possession in extrajudicial foreclosures, and when objections may be raised.

Aug 13, 2012robbery with homicideillegal arrestright to counselpolice line-upcircumstantial evidencealibi

Robbery With Homicide Conviction Upheld Despite Claims of Illegal Arrest and Lack of Counsel

The Supreme Court affirms a robbery with homicide conviction, ruling that illegal arrest claims are waived if not raised before plea, and that police line-ups are not part of custodial investigation.

Aug 13, 2012land registrationalienable and disposablepublic domainproperty registration decreeregalian doctrine

Proving Land Is Alienable and Disposable: Beyond Survey Plan Notations

Survey plan notations alone cannot prove land is alienable and disposable. Learn the required evidence for land registration in the Philippines.

Aug 10, 2012dual citizenshipelection lawra 9225renunciationcomelecdisqualification

Dual Citizenship and Elective Office: The Imperative of Sworn Renunciation in Philippine Law

Philippine law requires dual citizens seeking elective office to execute a personal and sworn renunciation of foreign citizenship. The Supreme Court explains why.

Aug 6, 2012forfeiturera 1379unexplained wealthsandiganbayanpcggill-gotten wealth

Unexplained Wealth Forfeiture of Illegally Acquired Properties Under Philippine Law

The Supreme Court explains how forfeiture of unexplained wealth works under RA 1379, including due process rights and the finality of judgments.