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显示第 1033–1056 篇,共 24,620 篇文章

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Aug 31, 2022double jeopardycriminal proceduredemurrer to evidenceestate administrationsolicitor generalcertiorari

Double Jeopardy and the Limits of Estate Representation in Criminal Appeals

A Supreme Court ruling clarifies when an estate administrator may appeal an acquittal—and why double jeopardy bars such appeals.

Aug 30, 2022rapeanti-rape lawconsentfraudulent machinationrevised penal code

When Fraud or Force Negates Consent in Rape: People v. Disipulo

The Supreme Court clarifies that consent obtained through fraud or overcome by force is not valid consent in rape cases.

Aug 30, 2022tax-lawwithholding-taxincome-sourcesatellite-communicationsnirccir

Philippine Taxation: Source of Income for Satellite Communication Services

Supreme Court rules satellite air time fees paid to non-resident foreign corporation are Philippine-sourced income subject to final withholding tax.

Aug 30, 2022administrative lawjudicial disciplinecompassionate justicerule 140supreme court

Judicial Accountability and Compassionate Justice: Reassessing Penalties for Misconduct

The Supreme Court partially grants a judge's reconsideration, replacing dismissal with a fine, applying compassionate justice in administrative cases.

Aug 28, 2022probateestate settlementinterventioncivil procedurerule 19philippine courts

Navigating Estate Settlements: Understanding the Limits of Intervention in Probate Proceedings

Learn when courts allow intervention in probate cases, the legal standards applied, and practical tips for protecting estate interests.

Aug 23, 2022legal ethicsattorney negligenceclient communicationcode of professional responsibilityadministrative casesupreme court

Attorney Negligence and Client Communication: Ethical Duties in Legal Representation

A Supreme Court ruling on lawyer negligence and the duty to inform clients, with practical lessons for attorneys and clients.

Aug 23, 2022judicial clemencyadministrative lawpublic officialsreinstatementsupreme courtreformation

Judicial Clemency and Reinstatement of Disqualified Public Officials in the Philippines

The Supreme Court explains when dismissed judges may be reinstated through judicial clemency, requiring proof of remorse, reformation, and public apology.

Aug 23, 2022legal ethicsattorney negligencecode of professional responsibilityclient communicationdisciplinary action

Attorney Accountability: Negligence and Communication Failures in Legal Representation

Philippine Supreme Court disciplines lawyers for missed deadlines and failure to inform clients, setting clear standards for attorney conduct.

Aug 22, 2022criminal lawra 7610lascivious conductchild abusesupreme court

Lascivious Conduct Under RA 7610: The Trocio Case on Child Abuse

The Supreme Court clarifies what constitutes lascivious conduct under RA 7610, holding a doctor liable for abusing a minor patient.

Aug 22, 2022maceda lawreal estateinstallment contractsrescissionphilippine law

Navigating Real Estate Installment Contracts: The Importance of Proper Rescission Under the Maceda Law

Learn how the Supreme Court clarifies rescission rules for real estate installment sales and the rights of buyers under the Maceda Law.

Aug 22, 2022civil-lawfamily-codepsychological-incapacitymarriage-nullityarticle-36supreme-court

Psychological Incapacity: Proving Marital Nullity Through Totality of Evidence

The Supreme Court clarifies how totality of evidence, including expert testimony, can establish psychological incapacity under Article 36 of the Family Code.

Aug 22, 2022usurpation of official functionsarticle 177 revised penal codesuspension of public officersandiganbayanpublic officerscriminal law

Usurpation of Official Functions: When Suspension Does Not Stop Official Acts

A suspended mayor who continued solemnizing marriages and issuing permits was convicted of usurpation of official functions under Article 177 of the RPC.

Aug 22, 2022mootnesscivil-proceduresupervening-eventsrule-65petition-for-certiorari

Mootness Doctrine: When Supervening Events Make Court Rulings Irrelevant

Philippine Veterans Bank v. CA explains when a case becomes moot and academic due to supervening events and why courts dismiss such petitions.

Aug 22, 2022property lawtax declarationsummary judgmentcertioraribcdaownership

Tax Declarations and Property Ownership: When a Summary Judgment Oversteps

The Supreme Court clarifies when a partial summary judgment ordering a tax declaration constitutes grave abuse of discretion, and the proper remedy to challenge it.

Aug 22, 2022psychological incapacityfamily codeannulmentinfidelityarticle 36supreme court

Chronic Infidelity as Psychological Incapacity: Quiogue v. Quiogue Explained

The Supreme Court ruled that chronic infidelity rooted in a personality disorder can be psychological incapacity under Article 36 of the Family Code.

Aug 22, 2022malversationgraftpublic officersnegligencera 3019local government

Accountability in Public Office: Mayor's Liability for Negligent Fund Disbursement

A mayor's approval of an unappropriated price escalation payment led to malversation and graft convictions, underscoring public officers' duty of diligence.

Aug 22, 2022criminal lawadministrative liabilityconduct prejudicialombudsmanpublic officeanti-graft

Tarnishing Public Office: Offering Money and the Limits of Official Conduct

A city councilor's act of offering money, even outside official duties, is conduct prejudicial to the best interest of the service.

Aug 22, 2022labor-lawlabor-only-contractingindependent-contractorillegal-dismissalemployee-rightsphilippine-supreme-court

Independent Contractor vs Labor-Only Contracting: Protecting Employee Rights

The Supreme Court clarifies when a manpower agency is a labor-only contractor, making the principal the real employer and solidarity liable.

Aug 22, 2022property-lawsummary-judgmentcertioraritax-declarationbcdacivil-procedure

Partial Summary Judgments: When Grave Abuse of Discretion Opens the Door to Certiorari

The Supreme Court clarifies when a partial summary judgment may be assailed via certiorari, and why a tax declaration case involving BCDA fell under grave abuse of discretion.

Aug 22, 2022property-lawinnocent-purchaserdue-diligencesummary-judgmentland-titletorrens-system

Protecting Land Rights: Innocent Purchaser Status and Due Diligence in Property Sales

The Supreme Court clarifies when summary judgment is improper in property disputes involving claims of innocent purchaser status and good faith.

Aug 17, 2022tax lawadministrative lawjurisdictiongovernment agenciespresidential powercourt of tax appeals

Executive Authority vs Judicial Review: Resolving Tax Disputes Between Government Entities

The Supreme Court rules that tax disputes between executive agencies must first undergo administrative settlement, not judicial review.

Aug 17, 2022trademark lawintellectual propertyprior usefirst-to-file rulephilippine supreme court

Trademark Ownership in the Philippines: Prior Use vs. Registration

The Supreme Court clarifies that trademark ownership in the Philippines is anchored on actual use, not mere registration, in a landmark ruling.

Aug 17, 2022ombudsmansexual harassmentgrave misconductadministrative lawgovernment employeesra 7877

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Aug 17, 2022trademark lawintellectual propertyprior usefirst-to-file rulephilippine lawsupreme court

Trademark Ownership in the Philippines: Prior Use vs. Registration

The Supreme Court clarifies that trademark ownership in the Philippines is rooted in actual use, not mere registration. Learn the rules.