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显示第 9289–9312 篇,共 24,719 篇文章

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Aug 5, 2012criminal lawrapereasonable doubtforce and intimidationpresumption of innocencesupreme court

Reasonable Doubt in Rape Cases: Proving Force and Intimidation Under Philippine Law

The Supreme Court's acquittal in People v. Lumpayao shows why force, threat, or intimidation must be proven beyond reasonable doubt in rape cases.

Aug 1, 2012legal ethicscanon 16client fundssuspensioncode of professional responsibilitybreach of trust

Lawyer Suspended for Misappropriating Client Funds in Breach of Trust

Supreme Court suspends lawyer for six months for failing to return client funds consigned with HLURB, violating Canon 16 of the Code of Professional Responsibility.

Aug 1, 2012breach of contractrescissionreciprocal obligationsreal estate lawgoldloopgsis

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Aug 1, 2012corporate mergergarnishmentsurviving corporationbank depositscivil procedure

Corporate Merger and Garnishment: Surviving Corporation's Liability for Pre-Existing Obligations

When banks merge, the surviving corporation inherits garnishment obligations of the absorbed bank. The Supreme Court explains why.

Aug 1, 2012labor-lawprobationary-employmentterminationsecurity-of-tenuresupreme-courtemployers-rights

Probationary Employment: When Employers Can Terminate for Failure to Meet Standards

Philippine Supreme Court clarifies when employers may validly terminate probationary employees for failing reasonable standards, including chronic tardiness.

Aug 1, 2012labor-lawdue-processtwo-notice-ruleprobationary-employeeillegal-dismissaltermination

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.

Aug 1, 2012maritime-lawseafarers-rightsdisability-benefitspoea-contractwork-related-illnesssupreme-court

Work-Related Illness and Seafarers’ Disability Claims: Proving the Causal Link

Seafarers claiming disability benefits must prove work-relatedness, not just illness during employment. The Supreme Court clarifies the burden.

Jul 31, 2012devolutionlocal government codevested rightscivil servicesecurity of tenurelabor law

Devolution and Vested Rights: Protecting Public Sector Employees in the Philippines

A Supreme Court ruling on devolution, vested rights, and security of tenure for public sector employees in the Philippines.

Jul 31, 2012fiscal autonomyjudicial independencecommission on auditsupreme courtgovernment propertyseparation of powers

Fiscal Autonomy and the Judiciary: The Supreme Court's Power to Dispose of Its Properties

The Supreme Court affirms its fiscal autonomy in property disposal, resolving a COA dispute over appraisal formulas for retired justices' purchases.

Jul 31, 2012administrative-law

Protecting Judicial Independence SC Upholds Fiscal Autonomy IN Property Disposal

Jul 30, 2012maritime-lawcogsaprescriptioncarriage-of-goodssupreme-courtlitigation

Upholding Agreements: The Decisive Impact of Admitted Extensions in Maritime Claims

How a carrier's failure to specifically deny an agreed extension period can defeat a prescription defense in maritime cargo claims.

Jul 30, 2012military lawcourt martialjurisdictionretirementarticles of warsupreme court

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Jul 30, 2012murdertreacheryeyewitness identificationalibicriminal lawpeople v camat

Treachery's Shadow: Murder and Eyewitness Identification in the Anis Massacre

The Supreme Court affirms murder and attempted murder convictions from the 1999 Anis massacre, ruling on treachery and eyewitness identification.

Jul 30, 2012criminal-law

Breach OF Duty AND THE Anti Graft LAW Alvarez VS People

Jul 30, 2012chain of custodydangerous drugsra 9165buy-bust operationdrug evidencecriminal law

Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect when police fail to prove every link in the chain of custody of seized shabu.

Jul 30, 2012criminal-lawprosecutorial-independenceprobable-causewarrant-of-arrestadministrative-casejudicial-discretion

Judge, Prosecutor, and the Disapproved Resolution: Balancing Judicial Discretion and Prosecutorial Independenc

A judge insisted a prosecutor produce a disapproved resolution. The Supreme Court clarifies the limits of judicial discretion in warrant issuance.

Jul 30, 2012criminal-lawrapequalified-rapeinformationpenaltyjurisprudence

Misrepresenting Relationship in Rape Cases: Effect on Conviction and Penalty

A rape conviction can be downgraded from qualified to simple rape if the information misstates the accused's relationship to the victim, affecting the penalty.

Jul 25, 2012criminal lawchain of custodyillegal drug possessionreasonable doubtra 9165shabu

Reasonable Doubt in Illegal Drug Possession: The Chain of Custody Rule Under Philippine Law

Why the Supreme Court acquitted two accused in a shabu possession case due to a broken chain of custody, and what this means for drug cases.

Jul 25, 2012judicial accountabilityundue delayadministrative lawcode of judicial conductsupreme courtphilippine courts

Judicial Accountability: Timely Decisions and the Limits of Administrative Complaints

A judge's 15-month delay in deciding a case drew a reprimand, while errors of judgment were left to judicial remedies.

Jul 25, 2012double jeopardycriminal lawacquittalcertiorarievidence appreciationrule 65

Double Jeopardy Prevails: Acquittal Stands Despite Alleged Errors in Evidence Appreciation

The Supreme Court reaffirms the rule against double jeopardy, holding that an acquittal cannot be appealed or reversed absent grave abuse of discretion.

Jul 25, 2012corporate rehabilitationstay orderthird-party mortgageseparate juridical personalityforeclosurebanking law

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

Jul 25, 2012judicial accountabilityadministrative lawundue delaycode of judicial conductsupreme courtlegal ethics

Judicial Accountability: Timely Decision-Making and the Limits of Administrative Remedies

A judge's 15-month delay in deciding a case leads to reprimand, clarifying when administrative complaints are proper.

Jul 25, 2012administrative-lawjust-debtscourt-employeesethicscivil-servicejudicial-integrity

Failure to Pay Just Debts: Court Employee Reprimanded for Unethical Conduct

A court clerk's four-year delay in paying a loan draws a reprimand, underscoring ethical duties of judiciary personnel.

Jul 25, 2012real-estate-lawforeclosuredragnet-clauseredemptionmortgagebanking-law

Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines

A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.