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显示第 11185–11208 篇,共 24,765 篇文章

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Dec 23, 2009barangay conciliationunlawful detainerlocal government codeluponejectment

Barangay Conciliation: The Key to Unlawful Detainer Cases in the Philippines

Learn why barangay conciliation is a mandatory prerequisite before filing unlawful detainer cases, based on a Supreme Court ruling.

Dec 23, 2009property-law

Just Compensation AND Easement Landowner Rights VS Public USE

Dec 23, 2009criminal-lawrapesweetheart-defenseconsentrevised-penal-code

Rape Conviction Affirmed: The Sweetheart Defense in Philippine Law

The Supreme Court affirms a rape conviction, rejecting the sweetheart defense and clarifying that love is not a license for non-consensual sex.

Dec 23, 2009labor-lawretrenchmentillegal-dismissalfinancial-lossesseparation-paysupreme-court

Retrenchment and Proof of Financial Losses: Safeguarding Employee Rights in Business Downturns

When can a company validly retrench workers? The Supreme Court clarifies the burden of proving business losses.

Dec 23, 2009foreshore landfree patentreversionpublic landproperty lawcertificate of title

Foreshore Land Claims: Proving Ownership Against Government Reversion Suits

Philippine Supreme Court ruling on when the government can cancel free patents over alleged foreshore lands, and the burden of proof in reversion cases.

Dec 23, 2009legal ethicsattorney negligencecode of professional responsibilityadministrative caseibp

Attorney Negligence: When a Lawyer's Lapses Lead to Suspension

The Supreme Court suspended a lawyer for one year for inexcusable negligence—failing to file briefs and appearing in court, causing clients to lose their case.

Dec 23, 2009criminal-lawbuy-bustwarrantless-arrestchain-of-custodydangerous-drugsra-9165

Buy-Bust Operations and Chain of Custody: Key Rulings in Drug Cases

The Supreme Court clarifies warrantless arrests in buy-bust operations and the chain of custody rule for seized drugs under RA 9165.

Dec 23, 2009contract-law

Compromise Agreements: How Courts Interpret "Action" and Uphold Contractual Obligations

The Supreme Court ruled that selling receivables violated a compromise agreement's broadly to include the sale of the receivables.

Dec 23, 2009criminal procedureright to appealoffice of the solicitor generalprobable causerule 112

Right to Appeal in Criminal Cases: Only the State Can Appeal the Criminal Aspect of a Dismissed Case

In Ong v. Genio, the Supreme Court ruled that only the Office of the Solicitor General may appeal the criminal aspect of a dismissed case, not the private complainant.

Dec 23, 2009election lawexecution pending appealbarangay election contestcomelecrules of procedure

Execution Pending Appeal in Barangay Election Contests: The San Miguel v. Comelec Rule

Supreme Court clarifies the timing rules for execution pending appeal in barangay election contests under Section 11, Rule 14.

Dec 23, 2009election lawexecution pending appealcomelecelection contestsrules of procedurebarangay elections

Execution Pending Appeal: Clarifying the Timeline for Election Contests in the Philippines

The Supreme Court clarifies when courts may issue execution pending appeal in election contests, resolving a common procedural misunderstanding.

Dec 23, 2009qualified rapeincestcriminal lawrapefamily lawsupreme court

Intrafamilial Trust Betrayed Convicting A Father FOR Qualified Rape Despite Familial Proximity

The Supreme Court affirms a father's conviction for qualified rape of his minor daughter, ruling that familial proximity and the presence of sleeping relatives do not negate the crime.

Dec 23, 2009labor-lawemployees-compensationgsispeptic-ulcerwork-related-stresspd-626

Work-Related Stress and Compensability of Peptic Ulcer Under Philippine Law

Explains GSIS v. Raoet, where the Supreme Court ruled peptic ulcer is compensable when work involves prolonged emotional or physical stress.

Dec 23, 2009election-lawthree-term limitpreventive suspensionlocal governmentcomelecjurisprudence

Preventive Suspension and the Three-Term Limit Rule: Aldovino v. COMELEC

The Supreme Court rules that preventive suspension does not interrupt an elective official's term for purposes of the three-term limit rule.

Dec 22, 2009boundary disputescadastral mapsbarangay jurisdictionlocal governmentproperty law

Barangay Boundary Disputes: Why Cadastral Maps Beat Tax Records

In boundary disputes between barangays, the Supreme Court gives greater weight to cadastral maps approved by the Director of Lands than to tax declarations.

Dec 21, 2009election-lawresidency-requirementhretcongressional-elections1987-constitution

Residency Requirement Upholding the Electorate's Will in Congressional Elections

Supreme Court ruling on congressional residency requirements, emphasizing that the electorate's choice prevails when evidence of non-residence is weak or inconclusive.

Dec 21, 2009agrarian reformtenant rightsright of redemptionra 3844darabproperty law

Tenant's Right of Redemption: Written Notice Is Key in Agrarian Reform

Supreme Court ruling on tenant redemption rights under RA 3844 and the importance of written notice in agrarian reform cases.

Dec 21, 2009rapecriminal lawmarriagerevised penal codesupreme courtfamily law

Marital Rape: Spousal Consent Is Not a Defense to Rape in the Philippines

Philippine Supreme Court affirms that marriage is no defense to rape, convicting a stepfather of two counts of rape against his minor stepdaughter.

Dec 21, 2009administrative-law

Temporary Restraining Orders Limits AND Judicial Discretion IN THE Philippines

Dec 21, 2009preliminary injunctioncivil procedureeasementright of waydissolutionappeal

Dissolution of Preliminary Injunction When Dismissal Trumps Pending Appeal

A preliminary injunction ends automatically when the trial court dismisses the main case, even if an appeal is pending. Here's why.

Dec 21, 2009labor-lawunion-registrationlabor-codedolesupreme-court

Union Registration and the 20% Membership Rule: Lessons from Mariwasa Siam Ceramics

The Supreme Court clarifies that the 20% membership requirement applies only at registration, not throughout a union's existence.

Dec 21, 2009election-lawprejudicial-questionthree-term-limitbarangay-electionscomelecdisqualification

Prejudicial Question and Three-Term Limit in Barangay Elections: Monreal v. COMELEC

The Supreme Court explains when a constitutional challenge can suspend disqualification cases and how the three-term limit applies.

Dec 21, 2009constitutional-lawlocal-governmentcityhoodequal-protectionlegislative-powersupreme-court

Cityhood Laws and Equal Protection: Defining Legislative Power in Local Governance

The Supreme Court upholds cityhood laws exempting municipalities from RA 9009's income requirement, affirming Congress's plenary power.

Dec 21, 2009agrarian reformtenant rightsright of redemptionra 3844darabsupreme court

Tenant's Right of Redemption: Written Notice Is Mandatory in Agrarian Reform Cases

Philippine Supreme Court rules written notice to tenant and DAR is mandatory before redemption period can run under agrarian reform law.