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显示第 11377–11400 篇,共 24,769 篇文章

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Oct 16, 2009labor-lawcivil-service-commissionjurisdictionprivatizationdisciplinary-actionphilippine-national-bank

Privatization vs Pending Disciplinary Actions: Navigating Jurisdiction in Employee Cases

When a government bank turns private, does the CSC lose jurisdiction over pending employee disciplinary appeals? The Supreme Court clarifies.

Oct 16, 2009election lawresidency requirementdomicilecertificate of candidacycomelecfamily code

Residency Requirements for Philippine Elections: Establishing Domicile for Candidacy

Philippine election law equates residency with domicile. Learn the three rules and what it takes to change domicile for candidacy.

Oct 16, 2009labor-lawmortgagesecured-creditorscorporate-veilexecutioncivil-code

Mortgage Rights Prevail: Protecting Secured Creditors in Labor Disputes

Supreme Court ruling on secured creditors' mortgage rights versus labor judgment execution, and the limits of piercing the corporate veil.

Oct 16, 2009property lawconjugal propertyspousal consentfamily codeannulment of salebuyers in good faith

Protecting Marital Property: The Necessity of Spousal Consent in Property Sales

Learn how the Supreme Court protects conjugal property from unauthorized sales by one spouse, and why buyers must verify spousal consent.

Oct 16, 2009criminal-lawrapestatutory-raperecantationsupreme-courtphilippines

Consent Under Threat: Rape, Recantation, and Philippine Law

Philippine Supreme Court clarifies statutory rape, consent, and recantation in People v. Peralta, affirming conviction and damages.

Oct 16, 2009property lawreconveyanceprescriptioncivil codesupreme courtland titles

When Property Titles Arent Always What They Seem Understanding Encumbrances AND Conditional Sales

A Supreme Court ruling clarifies when a reconveyance claim prescribes, distinguishing fraud from intimidation, and the importance of due process in property disputes.

Oct 16, 2009criminal-lawbuy-bust operationentrapmentinstigationillegal drugssearch warrant

Buy-Bust Operations: Entrapment vs Instigation in Illegal Drug Sales

Learn how Philippine courts distinguish entrapment from instigation in buy-bust operations, and why the distinction determines the validity of drug arrests.

Oct 16, 2009criminal-lawstatutory-rapequalified-rapeevidencesupreme-courtchild-protection

Protecting the Innocent: The Vital Role of Testimony and Medical Evidence in Statutory Rape Cases

The Supreme Court affirms a qualified rape conviction, explaining how a child victim's credible testimony and medical findings secure justice.

Oct 16, 2009banking-law

Protecting Agrarian Reform Beneficiaries Mortgage AND Foreclosure Restrictions

Oct 16, 2009criminal-lawsearch-warrantdangerous-drugsrule-126nbiexecutive-judge

Search Warrants Beyond Territorial Limits: Executive Judge Authority in Drug Cases

When can a Manila judge issue a search warrant for a house in Pampanga? The Supreme Court explains executive judge authority in drug cases.

Oct 16, 2009rape lawcriminal laweyewitness testimonystatutory rapesupreme court

When Silence Speaks: Convicting on a Child's Testimony in Philippine Rape Cases

In People v. Peralta, the Supreme Court affirmed a rape conviction based mainly on the child victim's testimony, showing how courts weigh credibility in rape cases.

Oct 16, 2009reconveyanceprescriptioncivil lawthreat and intimidationarticle 1391supreme court

Prescription in Reconveyance: Clarifying the Four-Year Rule for Actions Based on Threat and Intimidation

The Supreme Court clarifies when the four-year prescriptive period runs in reconveyance actions based on threat and intimidation, not fraud.

Oct 16, 2009election-lawcomelecresidency requirementdisqualificationdomicilesupreme court

Residency Rules in Election Law: Limbona v. Comelec on Disqualification

A look at Limbona v. Comelec on one-year residency, domicile rules, and finality of disqualification rulings.

Oct 15, 2009election lawdue processcomelecballot appreciationelection protestadministrative law

Safeguarding Election Integrity and Due Process in COMELEC's Ballot Appreciation

The Supreme Court clarifies when COMELEC's internal ballot appreciation requires notice and how due process applies in election contests.

Oct 13, 2009eminent domainjust compensationproperty rightsexpropriationphilippine law

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Learn how the Supreme Court protects property rights in eminent domain cases, and why just compensation must follow legal procedures.

Oct 13, 2009air carrierbreach of contractdamageslegal interestcivil lawpassenger rights

Air Carrier Breach of Contract: Damages and Interest in Air Travel Disputes

Philippine Supreme Court clarifies when legal interest runs on damages awarded in air carrier breach of contract cases.

Oct 13, 2009criminal-lawrapereclusion-perpetuadeath-penaltyqualified-rapesupreme-court

Father’s Conviction for Rape: Death Penalty Reduced to Reclusion Perpetua

Supreme Court affirms father’s rape conviction but reduces death penalty to reclusion perpetua because the information omitted the victim’s age.

Oct 13, 2009psychological incapacityfamily codeannulmentarticle 36marriage nullityphilippine law

When Love Fades Psychological Incapacity VS Marital Disaffection IN Philippine LAW

The Supreme Court clarifies when a spouse's emotional distance is psychological incapacity under Article 36, and when it is simply a failed marriage.

Oct 13, 2009bereavement leavedeath benefitscollective bargaining agreementlabor lawunborn childsupreme court

Bereavement Leave and Death Benefits: Protecting Employees' Rights in Times of Loss

The Supreme Court ruled that bereavement leave and death benefits under a CBA cover the death of an unborn child. Learn the legal basis.

Oct 13, 2009labor-lawoptional-retirementseafarersretirement-benefitsemployer-discretionsupreme-court

Optional Retirement: When Employer Discretion Prevails Over Employee Claims

Supreme Court clarifies that optional retirement benefits under a company gratuity plan remain subject to employer discretion, not a matter of right.

Oct 13, 2009criminal-law

Accountability Prevails Establishing Guilt AND Consequences IN Group Violence

Oct 12, 2009writ of possessionextrajudicial foreclosureact 3135third party claimquieting of titleproperty law

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Oct 12, 2009civil-procedurefinality-of-judgmentinjunctionforeclosuremortgagesupreme-court

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Oct 12, 2009contract-lawvitiated-consentsimulated-salecivil-codefraudnullity

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.