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显示第 11281–11304 篇,共 24,769 篇文章

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Nov 27, 2009criminal lawwarrantless searchprobable causedrug casesra 9165constitutional rights

Probable Cause and Warrantless Searches: Safeguarding Rights in Drug Cases

The Supreme Court explains when roadside warrantless searches are valid in drug cases and how probable cause protects accused persons' rights.

Nov 27, 2009habeas corpuschild custodyfamily codesupreme courtparental authority

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies that habeas corpus in child custody cases requires a full trial to determine the child's best interests, not just the child's production in court.

Nov 27, 2009agrarian reformjust compensationland valuationland bankproperty lawra 6657

Just Compensation Land Valuation Under Agrarian Reform Requires Independent Judicial Assessment

Philippine Supreme Court rules trial courts must independently determine just compensation in agrarian reform cases, not merely adopt DARAB valuations.

Nov 27, 2009civil-procedurepreliminary attachmentfraudrule-57counter-bondphilippine-law

Fraudulent Inducement and Preliminary Attachment When Allegations Mirror the Cause of Action

When fraud is both the ground for attachment and the core of the complaint, only a counter-bond can discharge the writ.

Nov 27, 2009real-estate-lawforeclosureextrajudicial-foreclosurenotice-requirementsact-3135presumption-of-regularity

Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity

Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.

Nov 27, 2009maritime lawseafarer dismissaldrug testingillegal dismissallabor lawpoea contract

Drug Testing on the High Seas: Upholding Seafarer Dismissal for Marijuana Use

Supreme Court rules on seafarer dismissal for positive marijuana test, due process, and drug test evidence in maritime cases.

Nov 27, 2009habeas corpuschild custodyfamily codesubstitute parental authorityrules of court

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Nov 27, 2009labor-lawillegal dismissalcorporate officerjurisdictionnlrcjurisprudence

Employee vs Corporate Officer: Who Hears Illegal Dismissal Cases?

The Supreme Court clarifies when a company administrator is a regular employee, not a corporate officer, for labor jurisdiction purposes.

Nov 27, 2009labor-lawillegal-dismissaldue-processseafarerdrug-testnominal-damages

Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives

A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.

Nov 27, 2009unlawful detainerejectmentleasenotice to vacatetacita reconduccioncivil law

Refusal to Accept Notices Upholds Lessor's Rights in Unlawful Detainer Cases

A lessee's refusal to accept notices to vacate cannot defeat a lessor's right to recover possession in unlawful detainer cases.

Nov 27, 2009habeas corpuschild custodyfamily lawparental authoritybest interest of the childcivil law

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Nov 27, 2009labor-lawcollective-bargaining-agreementcertification-electionunion-representationfreedom-periodlabor-code

CBA Renegotiation Preserving Workers Rights TO Union Representation

Philippine Supreme Court ruling on how CBA renegotiation affects the 60-day freedom period for certification elections and union representation rights.

Nov 27, 2009real-estate-lawforeclosureact-3135mortgagebank-of-philippine-islandsextrajudicial-foreclosure

Upholding Foreclosure Validity When Technicalities Yield to Substantial Compliance

Supreme Court clarifies that minor defects in posting certificates don't invalidate extrajudicial foreclosure when publication and notice requirements are substantially met.

Nov 27, 2009civil-law

Good Faith VS Notice Priority Rights IN Double Sale OF Land

Nov 25, 2009criminal proceduredue processjurisdictionprovisional remedieshomiciderules of court

Due Process, Jurisdiction, and Provisional Remedies in Philippine Criminal Law

A look at Villamor v. People on due process, jurisdiction, and provisional remedies in Philippine criminal procedure.

Nov 25, 2009civil procedurepre-trialfailure to prosecuterules of courtdismissal

Supreme Court Clarifies Plaintiff's Duty to Set Case for Pre-Trial After Answer

The Supreme Court affirms dismissal of a case for failure to prosecute, clarifying that plaintiffs must promptly set cases for pre-trial after the last pleading is filed.

Nov 25, 2009grave misconductbriberyombudsmanpublic servicenapolesadministrative law

Bribery and Grave Misconduct: Upholding Integrity in Public Service

A BIR examiner's conviction for grave misconduct in a bribery entrapment underscores the high standard of integrity required of public servants.

Nov 25, 2009parol evidence rulecontract lawcommitment feecivil codesupreme court

Parol Evidence Rule and Commitment Fees: Norton Resources v. All Asia Bank

When a written contract is clear, courts will not look beyond its four corners. The parol evidence rule explained.

Nov 25, 2009negligenceproximate causeelectric cooperativepersonal injurydamagesphilippine law

Electric Cooperative's Negligence in Power Line Installation: Proximate Cause Ruling

Supreme Court affirms liability of electric cooperative for electrocution injuries, applying proximate cause and foreseeability tests in negligence cases.

Nov 25, 2009criminal-law

Treachery AND Witness Credibility Establishing Guilt Beyond Reasonable Doubt IN Philippine Criminal LAW 2

Nov 25, 2009conspiracycriminal lawprobable causeobstruction of justicera 7610

Accountability for Group Actions: Establishing Conspiracy in Criminal Law

Understand how Philippine courts determine conspiracy in criminal cases, when group liability attaches, and why mere presence or evasion of arrest does not equate to guilt.

Nov 25, 2009just compensationcarpagrarian reformland valuationra 6657land bank

Just Compensation Under CARP: Valuing Land Rights in the Philippines

The Supreme Court clarifies how just compensation for agrarian reform lands should be determined under RA 6657, not PD 27.

Nov 25, 2009labor-lawillegal-dismissalinsubordinationloss-of-confidenceterminationsupreme-court

Insubordination vs Humane Consideration: Employee Dismissal Under Scrutiny

SC rules on when a manager's failure to follow a directive is not insubordination, and why loss of confidence needs substantial evidence.

Nov 25, 2009negligencequasi-delictemployer liabilityres ipsa loquiturvehicular accidentcivil law

Negligence and Employer Liability in Vehicular Accidents: Res Ipsa Loquitur Explained

When a bus collides with a jeepney at a highway intersection, who is at fault? The Supreme Court explains res ipsa loquitur and employer liability.