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显示第 10009–10032 篇,共 24,739 篇文章

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Feb 2, 2011civil statuslegitimacyrule 108change of namecivil registryphilippine law

Legitimacy vs Illegitimacy: Change of Civil Status Requires Rule 108 Proceedings

Changing a child's status from legitimate to illegitimate is a substantial alteration requiring strict Rule 108 compliance, not a simple name change.

Feb 2, 2011labor-lawseparation-paymwsseripretirement-benefitsmandamus

Clarifying Separation Benefits MWSS Employees Entitlement Under ERIP II

Supreme Court clarifies separation pay entitlements of MWSS employees who retired under ERIP II, ruling on the balance due to long-serving employees.

Feb 2, 2011civil-lawcounsel-negligenceclient-responsibilitydue-processappeal-rightssupreme-court

Client Responsibility Prevails: The Binding Effect of Counsel's Negligence in Philippine Law

Philippine Supreme Court ruling on when a client is bound by counsel's negligence, and the duty to monitor one's case.

Feb 2, 2011lateral supportsubjacent supporteasementproperty lawcivil codeexcavation

Lateral and Subjacent Support: Excavation Limits for Adjacent Landowners in the Philippines

Philippine Supreme Court clarifies the legal easement of lateral and subjacent support between adjacent landowners and its effect on property titles.

Feb 1, 2011reasonable doubtrape caseswitness credibilitycriminal lawburden of proofpeople vs bongat

Acquittal in Rape Cases: Reasonable Doubt and Witness Credibility in Philippine Law

How inconsistent testimony and reasonable doubt led to an acquittal in People v. Bongat, a landmark Philippine rape case.

Feb 1, 2011executive agreementstreatiessenate concurrenceinternational lawrome statutebayan muna

Executive Agreements vs Treaties: The RP-US Non-Surrender Agreement and Senate Concurrence

When does an international agreement need Senate concurrence? The Supreme Court explains in Bayan Muna v. Romulo.

Feb 1, 2011dishonestyadministrative casecourt employeespersonal data sheetfalsification

Falsification of Court Documents: Consequences for Dishonest Court Employees in the Philippines

Understand when a court employee's failure to disclose a past administrative case in a PDS amounts to dishonesty, and when it does not.

Feb 1, 2011administrative lawdishonestypersonal data sheetcivil servicesupreme court

When Non-Disclosure in a Personal Data Sheet Is Not Dishonesty

Supreme Court clarifies that failing to disclose a prior admonition in a PDS is not automatically dishonesty absent intent to deceive.

Jan 31, 2011arbitrationseparability doctrinecommercial lawalternative dispute resolutionra 876supreme court

Upholding Arbitration Separability Doctrine in Contract Disputes

The Supreme Court clarifies that a party's repudiation of a main contract does not invalidate its arbitration clause, reinforcing the separability doctrine.

Jan 31, 2011labor lawterminationnegligencejust causelabor codesupreme court

When Is Employee Negligence Just Cause for Termination? A Philippine Guide

Philippine Supreme Court clarifies when employee negligence justifies dismissal versus suspension, balancing employer rights and worker protection.

Jan 31, 2011criminal-proceduredue-processsandiganbayanevidenceforgeryright-to-present-defense

When Delaying Tactics Backfire: The Right to Present Defense Evidence in Philippine Courts

Philippine Supreme Court ruling on when courts must allow accused persons to present defense evidence, even after prosecution rests.

Jan 31, 2011criminal-lawdrug-casesbuy-bust-operationsection-21ra-9165evidence

Upholding Drug Convictions: Integrity of Evidence Over Procedural Lapses

The Supreme Court affirms a drug conviction, ruling that minor procedural lapses in Section 21 compliance do not automatically invalidate seized evidence.

Jan 31, 2011agrarian reformdarabjurisdictionrecovery of possessionland disputera 6657

Agrarian Dispute vs Recovery of Possession: Jurisdiction in Philippine Land Cases

When does a land dispute fall under DARAB jurisdiction? The Supreme Court clarifies the line between agrarian disputes and ordinary recovery of possession cases.

Jan 31, 2011criminal procedureredirect examinationgrave abuse of discretioncertioraritrial court discretionrules of court

Redirect Examination Waiver and Court Discretion: Soriano v. Mendoza-Arcega

When a trial court may deem redirect examination waived due to a party's delay, and why appellate courts will uphold that discretion.

Jan 31, 2011bp 22bouncing checksnotice of dishonorcivil liabilitycriminal lawacquittal

BP 22 Acquittal Based on Insufficient Notice Does Not Extinguish Civil Liability

An acquittal in a B.P. 22 case due to unproven notice of dishonor does not erase the drawer's civil liability for the checks.

Jan 31, 2011labor-lawagrarian-reformdarabjurisdictionra-6657security-of-tenure

When Illegal Dismissal Claims of Probationary Employees Fall Outside DARAB Jurisdiction: Del Monte Philippines

The Supreme Court clarifies DARAB jurisdiction over agrarian disputes, distinguishing recovery of possession cases from tenurial controversies under RA 6657.

Jan 31, 2011judicial ethicscode of judicial conductimproprietyadministrative casesupreme court

Judicial Ethics: Why Judges Must Avoid Even the Appearance of Impropriety

A Supreme Court ruling on a judge soliciting donations from lawyers and prosecutors, and the duty to avoid impropriety.

Jan 31, 2011criminal-lawdangerous-drugschain-of-custodyevidencera-9165buy-bust

Navigating Drug Sale Convictions: Evidence and Inconsistencies in Philippine Law

A Supreme Court ruling on drug sale convictions underscores the critical role of chain of custody evidence in Philippine criminal cases.

Jan 31, 2011labor lawillegal dismissalgross negligenceserious misconductlabor codejurisprudence

When Is a Nurse's Negligence Serious Misconduct? The Medical Center Manila Ruling

A Supreme Court ruling clarifies when a nurse's lapse amounts to gross negligence justifying dismissal, and when suspension is the proper penalty.

Jan 31, 2011criminal-lawsandiganbayanright-to-present-evidenceforgerynbigraft-cases

Right to Present Evidence: Examining Forged Signatures in Graft Cases

Sandiganbayan's denial of a graft accused's request to have questioned documents examined by the NBI was grave abuse of discretion.

Jan 31, 2011ejectmentagrarian disputedarab jurisdictionpossessionownershipcarp

Ejectment Suits and Agrarian Disputes: Possession vs. Ownership in Philippine Courts

When does an ejectment suit become an agrarian dispute? The Supreme Court clarifies DARAB jurisdiction over possession cases.

Jan 26, 2011criminal lawdangerous drugschain of custodyentrapmentbuy-bust operationra 9165

Navigating Drug Cases: Entrapment, Possession, and Chain of Custody Explained

Learn how Philippine courts distinguish entrapment from instigation and why chain of custody matters in drug cases, based on a 2011 Supreme Court ruling.

Jan 26, 2011criminal lawbuy-bust operationchain of custodyra 9165dangerous drugsevidence

Buy-Bust Operations and Chain of Custody in Drug Cases: What People v. Quiamanlon Teaches

The Supreme Court explains when lapses in drug evidence custody do not defeat a conviction under RA 9165.

Jan 26, 2011sheriffsadministrative liabilitywrit of attachmentmisconductrules of court

Sheriffs Liability Understanding Misconduct IN Implementing Court Writs IN The Philippines

When can a sheriff be held liable for implementing a writ? The Supreme Court clarifies the standard of care required of sheriffs in Tenorio v. Perlas.