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显示第 11449–11472 篇,共 24,769 篇文章

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Oct 2, 2009naturalizationgrave abuse of discretioncertioraricitizenshipcivil lawsupreme court

Naturalization Denied: Understanding Grave Abuse of Discretion in Citizenship Petitions

A Supreme Court ruling clarifies when certiorari is proper in naturalization cases and why appeal, not certiorari, is the correct remedy.

Oct 2, 2009criminal-lawdangerous-drugsbuy-bustillegal-saleillegal-possessionchain-of-custody

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Oct 2, 2009election offensesprobable causecomelecomnibus election codedisqualificationvote-buying

Election Offenses and Probable Cause: The COMELEC's Role in Safeguarding Electoral Integrity

The Supreme Court clarifies the COMELEC's authority to find probable cause for election offenses and its limits on disqualification cases after proclamation.

Oct 2, 2009labor lawemployer-employee relationshipcontrol testillegal dismissalsecurity guards

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Oct 2, 2009criminal-lawevidenceeyewitness-identificationdenial-defensemurderreasonable-doubt

Positive Identification Over Denial Establishing Guilt Beyond Reasonable Doubt

How clear, categorical eyewitness identification outweighs the weak defense of denial in Philippine criminal cases.

Oct 2, 2009administrative-law

Government Employee Benefits THE Limits OF Mandamus AND Garnishment Against Public Funds

Oct 2, 2009labor-lawillegal-dismissalabandonmentterminationdue-process

Illegal Dismissal: Employer Must Prove Abandonment With Clear Intent to Sever Employment

Philippine Supreme Court clarifies that employers must prove both absence and clear intent to sever employment to establish abandonment.

Oct 2, 2009civil-law

Jurisdiction BY Estoppel When Active Participation Waives Jurisdictional Challenges IN Arbitration

Oct 2, 2009illegal dismissalabandonment of worklabor lawdue processterminationemployee rights

When Illness Leads to Dismissal: Proving Abandonment in Philippine Labor Law

Philippine Supreme Court ruling on illegal dismissal, abandonment of work, and employer's burden of proof in termination cases.

Oct 2, 2009attorney-client privilegeconflict of interestlegal ethicscode of professional responsibilitycorporation codedisbarment

Attorney-Client Privilege: When Confidentiality and Conflicts of Interest Are Not Violated

The Supreme Court clarifies when a lawyer's use of client information and representation of a former client's adversary does not breach professional ethics.

Oct 2, 2009certiorariappealnaturalizationjurisdictionrules of courtprocedure

Certiorari Not a Substitute for Lost Appeal: Lessons from Republic v. Yang Chi Hao

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, even in naturalization cases where the government seeks to question a trial court's ruling.

Oct 2, 2009criminal-lawmitigating-circumstancesindeterminate-sentencerobberyrevised-penal-codesupreme-court

Mitigating Circumstances and Indeterminate Sentences: Balancing Justice and Individual Factors in Robbery Case

A Supreme Court ruling on how analogous mitigating circumstances and the Indeterminate Sentence Law shape penalties in robbery convictions.

Sep 30, 2009criminal lawrapequalified raperevised penal codeevidencesupreme court

Rape and Parental Betrayal: Proving Minority and Relationship in Qualified Rape Cases

A father convicted of raping his daughter escapes the death penalty because the prosecution failed to prove her minority by independent evidence.

Sep 30, 2009property-lawurban-reformland-disputesabsentee-ownerzipnha

Squatters Rights vs Absentee Landlords: Resolving Land Disputes in Urban Reform

Philippine Supreme Court ruling on absentee landowners vs renters in urban land reform, explaining who qualifies for lot awards under the Zonal Improvement Program.

Sep 30, 2009property lawland registrationpd 1529ownership disputescivil law

Unregistered Land Sales: Why Registration Matters in Ownership Disputes

A Supreme Court ruling explains why an unregistered deed of sale cannot bind third parties in property disputes over unregistered land.

Sep 30, 2009ejectmentunlawful detainerurban land reformpd 1517leaserent control

Eviction and Urban Land Reform: When Prior Rights Yield to New Ordinances

Philippine Supreme Court clarifies when month-to-month leases end, and why new city ordinances and PD 1517 protections cannot stop a valid ejectment.

Sep 29, 2009bigamycriminal lawdeclaration of nullityrevised penal codemarriage

Bigamy Conviction Upheld Despite Later Declaration of Nullity of First Marriage

A subsequent declaration that a first marriage was void does not erase criminal liability for bigamy contracted before that declaration.

Sep 29, 2009compromise agreementcivil lawexecution of judgmentcontractssupreme court

Compromise Agreements Enforceability Hinges on Fulfilled Conditions

When a court-approved compromise agreement's conditions remain unfulfilled, the original obligation revives and execution may proceed.

Sep 29, 2009administrative-law

Judicial Ethics Upholding Impartiality IN THE Face OF Impropriety

Sep 29, 2009criminal lawjurisdictionswindlingrevised penal coderegional trial courtsupreme court

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Sep 29, 2009legal-ethics

Negligence IN Notarization When Does A Lawyers Mistake Warrant Disciplinary Action

Sep 29, 2009seafarer rightspoea contractdisability benefitspre-existing conditionmaritime lawnlrc

Pre-Existing Conditions and Seafarer Disability Claims Under the POEA Contract

Explaining when seafarers can claim disability benefits under the POEA Standard Contract, using the Supreme Court's ruling in Bandila Maritime v. Dubduban.

Sep 29, 2009annulment of judgmentcriminal procedurejurisdictionrule 47swindlingrevised penal code

Annulment of Judgment in Criminal Cases: Llamas v. Court of Appeals

When can a criminal conviction be annulled? The Supreme Court clarifies Rule 47 applies only to civil cases, not criminal ones.

Sep 29, 2009criminal lawdangerous drugschain of custodyevidencera 9165drug possession

Chain of Custody in Drug Cases: Why Marking Evidence Matters

The Supreme Court acquits a drug suspect because police failed to mark seized shabu in his presence, explaining the chain of custody rule.