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显示第 11473–11496 篇,共 24,769 篇文章

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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 28, 2009labor-lawillegal-dismissalretirementcivil-proceduresupreme-court

Dismissal Based on Technicality When Courts Must Prioritize Justice Over Procedure

The Supreme Court relaxes procedural rules in labor cases to resolve the merits of an illegal dismissal dispute involving retirement age.

Sep 25, 2009criminal-lawdrugsbuy-bustcredibilityevidencera-9165

Credibility of Witnesses in Drug Cases: Inconsistencies and the Presumption of Regularity

The Supreme Court explains when minor inconsistencies in police testimony do not destroy credibility in buy-bust drug cases.

Sep 25, 2009unlawful detaineraccion publicianajurisdictionejectmentproperty disputescivil procedure

Unlawful Detainer vs. Accion Publiciana: How Courts Determine Jurisdiction in Property Disputes

The Supreme Court clarifies when a case is unlawful detainer (MTC) or accion publiciana (RTC), based on the complaint's allegations.

Sep 25, 2009administrative lawphiljacoterminous appointmentscivil servicesupreme court

Balancing Efficiency and Discretion: Revisiting PHILJA Staffing Patterns

The Supreme Court clarifies when coterminous status is proper for confidential staff in the Philippine Judicial Academy's executive offices.

Sep 25, 2009administrative-law

Good Faith Exception Illegal Salary Increases Need NOT Always BE Refunded

Sep 25, 2009land registrationproperty registration decreepossessiontorrens systemcivil law

Lost Claim: Failure to Prove Open Possession Prevents Land Title Registration

Supreme Court denies land registration where applicant failed to prove open, continuous, exclusive possession since June 12, 1945.

Sep 25, 2009criminal-lawmurdereyewitness-testimonyinsanity-defensedamagesevidence

Eyewitness Testimony and the Sanity Presumption in Murder Convictions

Supreme Court affirms murder conviction based on eyewitness identification, rejects insanity defense, and clarifies damages rules.

Sep 21, 2009finality of judgmentdisbarmentcontempt of courtcode of professional responsibilitywrit of execution

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's belated bid to reopen his case fails; the Court enforces finality, cites contempt, and orders execution.

Sep 21, 2009gross immoralityjudicial disciplinedisbarmentcode of professional responsibilityfamily lawadministrative case

Judge Dismissed and Suspended from Law Practice for Marital Infidelity and Abandonment

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, suspending him from law practice for three years.

Sep 18, 2009criminal lawvagrancyconstitutional lawrevised penal codedue processequal protection

Challenging Vagrancy Laws: The Supreme Court Upholds Article 202(2) of the Revised Penal Code

The Supreme Court upholds Article 202(2) on vagrancy, ruling it constitutional and not violative of due process or equal protection.

Sep 18, 2009labor-lawillegal dismissaldue processjust causeterminationtheft

Upholding Termination for Theft: Balancing Due Process and Employer Rights in Labor Disputes

Supreme Court affirms dismissal of cable splicers for theft of company property, clarifying that ample opportunity to be heard, not a formal hearing, satisfies due process.

Sep 18, 2009kidnappingconspiracydeprivation of libertyransomrevised penal code

Kidnapping for Ransom: Conspiracy and the Element of Deprivation of Liberty

Philippine Supreme Court clarifies kidnapping for ransom elements, conspiracy liability, and what counts as deprivation of liberty.

Sep 18, 2009tax saledue processregistered ownerreal property taxtorrens titleres judicata

Tax Sales and Due Process: Why Registered Owners Must Be Notified in Philippine Property Law

Philippine Supreme Court ruling on tax sales, due process, and the registered owner's responsibility in property taxation.

Sep 18, 2009labor-lawretirement-benefitsresignationretrenchmentquitclaimlabor-code

Resignation vs Retrenchment: When Are Retirement Benefits Required?

Supreme Court clarifies when resigned employees can claim retirement benefits, distinguishing voluntary resignation from retrenchment in Kimberly-Clark case.

Sep 18, 2009labor lawappeal bondnlrcillegal dismissalsupreme court

Appeal Bond Rules in Labor Cases: Why Posting the Full Bond on Time Matters

The Supreme Court clarifies when appeal bonds in labor disputes may be reduced, and why employers must post the full amount within the reglementary period.

Sep 18, 2009property-lawparking feesnational building codemall operationspolice powereminent domain

Parking Fees vs Public Access: Reconciling Building Codes and Private Property Rights in Philippine Malls

Supreme Court rules malls may charge parking fees; building codes require spaces, not free access. Property rights prevail.

Sep 18, 2009maritime-law

Burden OF Proof IN Seafarer Death Claims Proving Suicide TO Deny Benefits

Sep 18, 2009insurance lawcargo shortageburden of proofsubrogationbill of ladingmarine insurance

Burden of Proof in Cargo Shortage Claims: Proving Loss and Valid Insurance Coverage

Philippine Supreme Court ruling on cargo shortage claims: insurer must prove actual loss and valid policy coverage to recover from carriers.

Sep 18, 2009forgeryreal estatetorrens systemproperty rightsdeed of salephilippine law

Forgery Undermines Real Estate Sale: Protecting Property Rights in the Philippines

The Supreme Court explains how forged deeds transfer no rights, and why good faith buyers can still be protected under Philippine property law.

Sep 18, 2009compromise agreementillegitimate filiationcivil statuspublic policyres judicatacivil code article 2035

Compromise Agreements and Illegitimate Filiation: When Settlements Violate Public Policy

Philippine Supreme Court ruling: compromise agreements on filiation and civil status are void. Learn the public policy limits on settlements.

Sep 18, 2009criminal lawrapedelayed reportingcredibilitysupreme court

Silence Is Not Acquiescence: Delayed Reporting in Philippine Rape Cases

Why a rape victim's delayed report and vague words like "ginalaw" do not weaken a conviction, explained through a Supreme Court ruling.

Sep 18, 2009property-lawco-ownershippartitionrental-incomecivil-coderule-69

Rental Income in Co-Ownership Disputes: Protecting Rights During Partition

When co-owners dispute rental income during a partition case, courts can order deposits to protect rights—but only within proper limits.

Sep 18, 2009property lawejectmentunlawful detainerreligious corporationsjurisdictioncivil procedure

Resolving Church Disputes: Jurisdiction and the Right to Possess Religious Property

A Supreme Court ruling clarifies that ejectment cases involving church property are not intra-corporate disputes, and explains the limits of ownership claims.