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显示第 12385–12408 篇,共 24,772 篇文章

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Dec 18, 2008equitable mortgagecontract lawreconveyancecivil codesupreme courtproperty law

Equitable Mortgage: When an Absolute Sale Is Really a Loan Security

The Supreme Court explains when a deed of absolute sale is actually an equitable mortgage, and what parties must do to recover property.

Dec 18, 2008labor-lawillegal-dismissalemployee-disciplineproportional-penaltyterminationlabor-code

Proportionality in Employee Discipline: When Is Dismissal Too Harsh?

Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.

Dec 18, 2008treacherymurdercriminal lawrevised penal codepeople vs abare

Treachery Defined: Absence of Frontal Attack Does Not Preclude Murder Finding

The Supreme Court clarifies that treachery can qualify a killing as murder even without a frontal attack, as long as the victim was defenseless and the mode of attack was consciously adopted.

Dec 18, 2008suretyshipinsolvencycivil-lawsolidary-liabilitycontinuing-suretyshipgateway-v-asianbank

Surety Still Liable: Insolvency of Principal Debtor Does Not Extinguish Surety's Obligations

Philippine Supreme Court rules that a surety remains liable even if the principal debtor is declared insolvent. Learn the key principles from Gateway Electronics v. Asianbank.

Dec 18, 2008election-lawcertificate-of-candidacydisqualificationcomelecomnibus-election-code

Election Law: Distinguishing Disqualification From Certificate Cancellation

The Supreme Court clarifies the difference between disqualification and cancellation of a certificate of candidacy in election cases.

Dec 18, 2008due processadministrative lawpnpreinstatementcivil servicepolice discipline

Due Process Prevails: Officer Unfairly Dismissed Is Ordered Reinstated

The Supreme Court reinstates a police officer dismissed without notice, affirming that due process is essential in administrative proceedings.

Dec 18, 2008substantial complianceappellate procedurerules of courtlabor lawcertiorariprocedural rules

Substantial Compliance in Appeals: When Technicalities Yield to Justice

Philippine Supreme Court clarifies that substantial compliance with procedural rules can save an appeal from outright dismissal, prioritizing merits over technicalities.

Dec 17, 2008rapecriminal lawvictim testimonypenetrationqualifying circumstancessupreme court

Consummated Rape: Degree of Penetration and Victim Testimony in Philippine Law

Philippine Supreme Court ruling on rape penetration, victim testimony, and proof of qualifying circumstances for proper conviction.

Dec 17, 2008rapeincestreasonable doubtqualifying circumstancescriminal lawsupreme court

Rape and Reasonable Doubt: Why the Supreme Court Spared an Incestuous Father from Death

The Supreme Court explains why a father convicted of raping his daughter was sentenced to reclusion perpetua, not death, for lack of proof of qualifying circumstances.

Dec 17, 2008criminal-lawalibipositive-identificationrobbery-with-raperevised-penal-codesupreme-court

The Perils of Alibi: Positive Identification Overrides Defense in Robbery and Rape Case

In People v. Gayeta, the Supreme Court affirmed that positive identification by credible witnesses prevails over an alibi defense in robbery and rape convictions.

Dec 17, 2008estafaindeterminate sentence lawillegal recruitmentrevised penal codesupreme court

Theft by Deceit: Defining Penalties for Estafa and the Indeterminate Sentence Law

The Supreme Court clarifies how indeterminate penalties for estafa are computed, reaffirming the rule that the minimum term comes from the penalty next lower to that prescribed by law.

Dec 17, 2008legal ethicsjudicial conductadministrative lawcivil servicestare decisissupreme court

Judicial Impartiality and Finality: Lessons from CHED v. Dasig on Court Discipline

The Supreme Court reminds lower courts that judicial impartiality demands adherence to its rulings, as shown in CHED v. Dasig.

Dec 17, 2008labor-lawterminationbreach-of-trustsecurity-of-tenureseparation-paysupreme-court

Breach of Trust and Termination: Balancing Employee Rights and Employer Authority

When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains in Bristol Myers Squibb v. Baban.

Dec 16, 2008civil-law

Void Marriages NO Shortcuts TO Nullity Ensuring DUE Process AND State Protection IN Annulment Cases

Dec 16, 2008civil-procedurefinal-judgmentset-offhlurbsubdivision-mortgagepresidential-decree-957

Final Judgments and Set-Off Claims: Manila Banking Corp. v. Rabina

Supreme Court ruling on final judgments, set-off claims, and HLURB jurisdiction over subdivision mortgage disputes.

Dec 16, 2008chain of custodydrug casesra 9165buy-bustcriminal lawevidence

Chain of Custody in Drug Cases: Why Broken Links Can Mean Acquittal

The Supreme Court acquits a drug suspect because police broke the chain of custody, stressing strict proof of the seized drug's identity.

Dec 16, 2008family-lawdefault-judgmentcontemptaccountingcivil-procedureinheritance

Accounting for Family Wealth: Default Judgments and the Limits of Contempt in Intra-Family Disputes

A Supreme Court ruling clarifies default judgment rules, appeal periods, and why contempt is not the remedy for disobeying a remand order.

Dec 16, 2008administrative lawsheriffsdue processwrit of executiongrave misconductsupreme court

When Death Ends Administrative Liability: The Patag Case on Sheriffs and Due Process

A sheriff died while facing administrative charges. The Supreme Court dismissed the case, explaining why death abates administrative liability.

Dec 15, 2008gross immoralityjudicial disciplinecode of professional responsibility and accountabilityadministrative casejudgesdisbarment

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Outside Wedlock

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

Dec 15, 2008disbarmentfinality of judgmentindirect contemptcode of professional responsibilitysupreme court

Finality of Judgment in Disbarment Cases: What Lawyers and Clients Should Know

A disbarred lawyer's attempt to reopen his case fails, as the Supreme Court enforces the doctrine of finality of judgment and cites him for indirect contempt.

Dec 11, 2008election-lawfacial-challengevoid-for-vaguenessfree-speechpenal-statutescomelec

Facial Challenges to Penal Statutes: Free Speech vs. State Power in Election Law

The Supreme Court clarifies when penal statutes like election laws may be challenged on their face, balancing free speech against state power.

Dec 11, 2008property lawtrustreconveyancepartitiontorrens titlecivil law

Clarifying Ownership When a Property Title Is Held in Trust

A Supreme Court ruling explains how courts determine whether a titled property is truly owned by the registered owner or held in trust for another.

Dec 11, 2008treacherymurdercriminal-lawrevised-penal-codequalifying-circumstancessupreme-court

Treachery Defined: When an Unexpected Attack Qualifies as Murder

The Supreme Court explains what makes a killing treacherous and why an unexpected attack from behind qualifies as murder.

Dec 11, 2008tax lawreal property taxtelecommunicationsfranchiselocal government taxationsupreme court

Taxing Telecommunications: No Exemption Without Explicit Grant

The Supreme Court rules that the phrase "exclusive of this franchise" in RA 7678 does not exempt Digitel's real properties from real property tax.