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显示第 12481–12504 篇,共 24,772 篇文章

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Nov 25, 2008administrative lawjudicial discretioncontemptrule 71rules of courtjudges

Judicial Discretion vs Abuse: Defining the Limits of Authority in Contempt Proceedings

A Supreme Court ruling clarifies when a judge's refusal to accept an appeal constitutes abuse of authority or mere judicial discretion.

Nov 25, 2008preliminary attachmentfraudsuretiescivil procedurerule 57deficiency judgment

Fraudulent Inducement and Preliminary Attachment: Protecting Sureties From Unsubstantiated Claims

A bank's general fraud allegations cannot justify preliminary attachment against sureties who did not participate in the loan transaction.

Nov 25, 2008notarial practiceadministrative lawlegal ethicsnotary publicsupreme courtcode of professional responsibility

Notarizing Without the Affiant: A Lawyer's One-Year Suspension and Its Lessons

A lawyer who notarized a Special Power of Attorney without the affiant present was suspended for one year. Learn the rules and consequences.

Nov 25, 2008rapeincestmoral ascendancycriminal lawsupreme courtphilippines

Moral Ascendancy and Rape by a Father: The Nido Garte Case

How a father's moral ascendancy substitutes for force and intimidation in incestuous rape, explained through the Nido Garte ruling.

Nov 25, 2008administrative lawjudiciaryneglect of dutyundue delaysupreme courtpublic accountability

Accountability in the Judiciary: Judges and Court Personnel Held Liable for Neglect of Duty and Undue Delay

The Supreme Court ruled that judges and court personnel face administrative liability for undue delay and neglect of duty, even after retirement.

Nov 25, 2008criminal-lawprescriptionbp-22preliminary-investigationsupreme-courtbounced-checks

Filing a Complaint Interrupts Prescription for B.P. 22: Panaguiton v. DOJ

Filing a complaint for preliminary investigation interrupts prescription of B.P. 22 offenses, the Supreme Court ruled in Panaguiton v. DOJ.

Nov 25, 2008civil-lawcontract-of-salepreliminary-attachmentdue-processobligationssupreme-court

Perfected Contract of Sale vs. Writ of Preliminary Attachment: Balancing Obligations with Due Process

A Supreme Court ruling clarifies when a contract of sale is perfected and when a writ of preliminary attachment may be improperly issued.

Nov 25, 2008illegal loggingpd 705forestry lawcriminal lawpossessionsupreme court

Accountability for Illegal Logging: Possession, Liability, and Penalties Under PD 705

A look at how the Supreme Court upheld a conviction for illegal possession of lumber, clarifying liability and penalties under PD 705.

Nov 25, 2008labor-lawemployer-employee-relationshipcontrol-testresident-physiciansillegal-dismissalhospitals

Control Is Key: Hospital Supervision Determines Employer-Employee Relationship With Resident Doctors

Supreme Court rules hospital control over resident doctors creates employer-employee relationship, entitling them to labor law protections.

Nov 25, 2008notarial lawcode of professional responsibilityadministrative casenotary publicspecial power of attorneylegal ethics

Notarizing Without the Affiant: A Lawyer's One-Year Suspension and the Rules on Personal Appearance

A notary public who notarizes a document without the affiant's personal appearance violates the Notarial Law and faces suspension.

Nov 24, 2008administrative-lawgross-immoralityjudiciarycode-of-judicial-conductcode-of-professional-responsibilitydismissal

Upholding Public Trust: Dismissal for Gross Immorality in the Judiciary

A judge's extramarital affair led to dismissal from service and suspension from law practice, reaffirming strict ethical standards for the bench.

Nov 24, 2008impeachmentsenatemandamusconstitutional lawpolitical lawforthwith

Clarifying "Forthwith" in Impeachment: The Senate's Duty to Prepare Before Trial

The Supreme Court explains what "forthwith" means in impeachment cases and why the Senate's preparation time was constitutionally valid.

Nov 20, 2008homicidemurderqualifying circumstancesabuse of superior strengthcriminal lawsupreme court

Diminished Liability Distinguishing Homicide From Murder in Philippine Law

The Supreme Court explains when abuse of superior strength fails as a qualifying circumstance, reducing murder to homicide in the Philippines.

Nov 20, 2008breach of contractcommon carriersair traveldamagescivil lawbad faith

Breach of Contract and Bad Faith: Airlines' Liability for Downgraded Seats

Philippine Airlines held liable for downgrading a passenger's business class seat to economy, with the Supreme Court affirming damages for breach of contract in bad faith.

Nov 20, 2008dacion en pagocontract lawstatute of fraudsmortgage foreclosurecivil code

Dacion en Pago Without Consent Cannot Nullify Debt Settlement

Philippine Supreme Court clarifies that dacion en pago requires mutual consent; a mere proposal or appraisal does not perfect the agreement.

Nov 20, 2008labor-lawindependent-contractoremployer-employee-relationshipillegal-dismissaljob-contractingpurefoods

Independent Contractors vs Regular Employees: Defining the Boundaries of Employer Liability

The Supreme Court clarifies when a principal is not the employer of a contractor's workers, and why the regular employment test does not apply in trilateral arrangements.

Nov 20, 2008criminal-lawconstructive-possessionillegal-drugsra-9165warrantless-arrestsupreme-court

Constructive Possession of Illegal Drugs: Proximity Alone Is Not Enough

Philippine Supreme Court clarifies that mere presence near illegal drugs does not prove constructive possession; dominion and control are required.

Nov 20, 2008criminal-lawreasonable-doubtdrug-possessionconstructive-possessionwarrantless-arrestra-9165

Reasonable Doubt in Drug Possession Cases: Mere Presence at a Crime Scene Is Not Enough

Philippine Supreme Court clarifies that mere presence in a friend's hut where drugs were found does not prove possession beyond reasonable doubt.

Nov 20, 2008criminal-lawrobbery-with-homicideeyewitness-identificationcredibilityevidencealibi

Eyewitness Identification and Inconsistent Statements in Robbery with Homicide Cases

How Philippine courts weigh eyewitness testimony, minor inconsistencies, and alibi defenses in robbery with homicide convictions.

Nov 19, 2008administrative lawevidence admissibilityright to privacysearch and seizuredue processcivil service

Balancing Privacy and Due Process: Evidence Admissibility in Philippine Administrative Cases

When do illegally obtained evidence become inadmissible in administrative cases? The Supreme Court clarifies constitutional limits.

Nov 18, 2008cityhoodlocal government codesupreme courtconstitutional lawirara 9009

Cityhood Denied: How Income Requirements Protect Local Governments

The Supreme Court struck down 16 cityhood laws for violating the Constitution's requirement of uniform criteria in the Local Government Code.

Nov 14, 2008criminal-law

THE Unwavering Testimony Protecting Child Victims IN Rape Cases

Nov 14, 2008labor-lawillegal-dismissalresignationterminationemployee-rightsvoluntary-arbitration

Resignation vs Termination: When a Resignation Letter Is Not Enough in Philippine Labor Law

Philippine Supreme Court clarifies when a resignation is not voluntary and how employers must prove it to defeat illegal dismissal claims.

Nov 14, 2008expropriationreconveyanceeminent domainproperty lawmciaacivil code

Reconveyance After Expropriation: Balancing Public Purpose and Private Rights

When government abandons an expropriated lot's public purpose, former owners may recover it—but must return just compensation.