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显示第 10969–10992 篇,共 24,760 篇文章

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Mar 9, 2010criminal-lawrapeincestmoral-ascendancysupreme-courtfamily-abuse

Incestuous Rape: Moral Ascendancy as Intimidation in Familial Abuse

Philippine Supreme Court clarifies that a father's moral ascendancy substitutes for force or intimidation in incestuous rape, affirming a conviction.

Mar 9, 2010contract-lawfixed-price-contractsconstruction-changeswritten-approvalphilippine-lawsupreme-court

Fixed Price Contracts NO Extra PAY Without Written Approval FOR Construction Changes

Philippine Supreme Court ruling on fixed price contracts: no extra pay for construction changes without written approval. Learn the rules.

Mar 9, 2010security of tenurecareer executive serviceces eligibilitycivil service lawpublic service employment

Security of Tenure: Understanding Eligibility Requirements in Philippine Public Service

The Supreme Court clarifies that security of tenure in the Career Executive Service requires full CES eligibility, not just academic credentials.

Mar 9, 2010jurisdiction by estoppelcivil procedurequieting of titlebanking liquidationsupreme court

Jurisdiction by Estoppel: When Active Court Participation Bars a Jurisdictional Challenge

Philippine Supreme Court explains when a party's active participation in a case can bar it from later questioning the court's jurisdiction.

Mar 9, 2010preliminary injunctioncross-default clauseforeclosurebanking lawcivil procedure

Cross-Default Clauses and Preliminary Injunctions: Lessons from Lim v. BPI Agribank

When can a borrower stop a bank from foreclosing? The Supreme Court explains the "right in esse" requirement for injunctions.

Mar 9, 2010election lawdue processhretelection protestevidencesupreme court

Due Process in Election Protests: The Importance of Timely Evidence Presentation

A Supreme Court ruling clarifies that due process in election protests means a reasonable opportunity to be heard—not unlimited time to present evidence.

Mar 9, 2010property-lawtorrens-systemmandamusland-registrationmaysilo-estateland-title

One Title, One Truth: Resolving Conflicting Claims in the Maysilo Estate Saga

The Supreme Court resolves a decades-old land dispute, affirming that only one OCT No. 994 exists and dismissing a petition for mandamus.

Mar 9, 2010criminal-lawwarrantless-arrestrobbery-with-rapevictim-identificationevidencesupreme-court

Warrantless Arrest and Victim Identification in Robbery with Rape Cases

The Supreme Court clarifies when a warrantless arrest is deemed waived and how victim identification is weighed in robbery with rape convictions.

Mar 9, 2010interest ratesloan contractscivil codepromissory notecontract law

Written Stipulation Is Paramount: Examining Interest Rate Agreements in Loan Contracts

The Supreme Court clarifies when interest rates bind borrowers and when the 12% legal rate applies instead.

Mar 9, 2010illegal dismissalserious misconductlabor lawjust causeterminationphilippine jurisprudence

Illegal Dismissal and Serious Misconduct as Just Cause for Termination

A Philippine Supreme Court ruling explains when misconduct justifies dismissal, why the penalty must fit the offense, and how employers must prove a valid termination.

Mar 9, 2010contract-lawconstruction-lawfixed-price-contractscivil-codesupreme-courtphilippines

Fixed Price Contracts: No Recovery for Unapproved Additional Costs

Philippine Supreme Court ruling on fixed lump-sum contracts: contractors cannot recover additional costs without written approval under Article 1724.

Mar 9, 2010anti-graftprocurementlocal governmentpublic officersra 3019ra 7160

Public Officials Held Accountable: Strict Compliance With Procurement Laws

Mayor convicted for violating procurement rules and anti-graft law; personal canvass exceptions demand strict compliance.

Mar 9, 2010self-defenseunlawful aggressioncriminal lawhomicidejustifying circumstances

Self-Defense Under Scrutiny: When Does Defense Become Unlawful Aggression

The Supreme Court clarifies when self-defense fails, examining unlawful aggression, reasonable means, and the point where defense becomes aggression.

Mar 9, 2010election lawelection protestcomelecfinality of judgmentexecution pending appeal

Finality of Election Protest Decisions: Protecting the Electorate's Will Over Technicalities

When election protest appeals are dismissed, the trial court's decision becomes final. COMELEC cannot issue injunctions against final judgments.

Mar 9, 2010agrarian reformcarlland classificationlandowner rightsretention rightsdarb

CARP Coverage and Landowner Rights in Reclassified Areas: DAR v. Berenguer

Land inside a poblacion is presumed non-agricultural and outside CARP coverage, the Supreme Court ruled in DAR v. Berenguer.

Mar 9, 2010anti-graftra-3019local-government-codeprocurementpublic-biddingsandiganbayan

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

Mar 8, 2010vat refundtaxationequal protectiontourismsupreme courtra 12079

Supreme Court Upholds VAT Refund Law for Foreign Tourists: A Win for Philippine Tourism

The Supreme Court upheld RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection or uniform taxation.

Mar 5, 2010election lawcomeleccanvassingelection protestsmanifest errorjurisprudence

Correcting Election Errors: Safeguarding the Electorate's True Will

The Supreme Court upholds COMELEC's power to correct manifest errors in election documents to protect the true will of voters.

Mar 5, 2010labor-lawillegal-dismissalbackwagesseparation-payfinality-of-judgmentsupreme-court

Reckoning Backwages and Separation Pay: Finality of Illegal Dismissal Judgments

When illegal dismissal judgments become final, backwages and separation pay must be computed up to that date, not just the labor arbiter's decision date.

Mar 5, 2010criminal-lawrape-with-homicidecircumstantial-evidenceconfessionevidencesupreme-court

Confession and Circumstantial Evidence Sustaining Conviction in Rape with Homicide Cases

The Supreme Court explains when a spontaneous confession is admissible and how circumstantial evidence alone can prove rape with homicide.

Mar 5, 2010administrative-lawexhaustion-of-administrative-remediesmotion-for-reconsiderationcertiorarimandamusdepartment-of-agrarian-reform

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court ruling explains why parties must exhaust administrative remedies and file motions for reconsideration before seeking court relief.

Mar 5, 2010illegal dismissallabor lawbackwagesseparation paylabor codesupreme court

Illegal Dismissal Damages: Computing Backwages Until Judgment Becomes Final

Philippine Supreme Court clarifies how backwages and separation pay are computed in illegal dismissal cases, including when the computation period ends and interest applies.

Mar 5, 2010labor-lawoverseas-employmentpoeamisrepresentationrecruitment-agencysupreme-court

Withdrawal of Application Can Overcome Misrepresentation Claims in Overseas Employment

Philippine Supreme Court ruling on when a worker's withdrawal of application defeats claims of misrepresentation and non-issuance of receipts against recruitment agencies.

Mar 5, 2010criminal-lawchain of custodydangerous drugsra 9165evidencejurisprudence

Chain of Custody Safeguarding Drug Evidence in Philippine Law

Philippine Supreme Court clarifies the chain of custody rule in drug cases and why lapses can lead to acquittal.