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显示第 12553–12576 篇,共 24,772 篇文章

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Oct 17, 2008maritime-lawseafarersillegal-dismissaldue-processnominal-damagespoea-standard-employment-contract

Wrongful Termination at Sea: Seafarers’ Right to Due Process and Just Cause

SC ruling: a just-cause dismissal of a seafarer is valid even without due process, but the employer must pay P30,000 nominal damages.

Oct 17, 2008criminal-lawhomicidewitness-testimonycredibilitymedical-evidencesupreme-court

Supreme Court on Homicide Conviction and Credibility of Witness Testimony

The Supreme Court upholds a homicide conviction, explaining how courts weigh witness credibility and medical evidence in criminal cases.

Oct 17, 2008corporate rehabilitationprocedural rulesrule 45rule 43forum shoppingsupreme court

Procedural Compliance and Corporate Rehabilitation: Ensuring Fair Adjudication of Appeals

The Supreme Court reminds appellate courts that procedural rules serve justice, not frustrate it, in corporate rehabilitation appeals.

Oct 17, 2008criminal-law

Rape Conviction Upheld Despite Minor Discrepancies Protecting Victims IN Custodial Situations

Oct 17, 2008eminent domainjust compensationeasementnational power corporationproperty lawright-of-way

Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap

Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.

Oct 17, 2008judicial admissionsrules of courtcontract lawdamagescivil procedure

Judicial Admissions: When a Lawyer's Statement Binds the Client in Lease and Contract Disputes

Supreme Court ruling on judicial admissions, binding statements, and liability in contract disputes involving lost cargo and damages.

Oct 17, 2008legal ethicsdisbarmentgrossly immoral conductcode of professional responsibilityabandonment

When a Lawyer's Private Misconduct Warrants Disbarment: The Arnobit Case

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for the practice of law.

Oct 17, 2008falsificationdishonestyadministrative casecivil servicepublic officerssupreme court

Falsification of Documents and Dishonesty: Dismissal from Public Service

Supreme Court affirms dismissal of court employee for falsifying a CSC eligibility certificate and lying in his Personal Data Sheet.

Oct 17, 2008maritime-lawseafarer-rightsillegal-dismissaldue-processpoea-contracttotality-of-infractions

Seafarer Dismissal Upheld: Totality of Infractions and Due Process in Maritime Cases

Philippine Supreme Court upholds seafarer's dismissal based on totality of infractions, but awards nominal damages for lack of due process.

Oct 17, 2008self-defensetreacherymurdercriminal lawburden of proofphilippine jurisprudence

Self-Defense and Treachery: Proving Guilt Beyond Reasonable Doubt in Philippine Criminal Law

How the Supreme Court rejected self-defense and upheld treachery in a murder conviction, explaining the burden of proof on accused persons.

Oct 17, 2008property-lawforeclosureredemptionextrajudicial-foreclosuresupreme-courtphilippines

Filing an Annulment Suit Does Not Extend the Redemption Period in Foreclosure

Philippine Supreme Court ruling clarifies that filing an annulment suit does not stop the redemption period in extrajudicial foreclosure.

Oct 17, 2008donation mortis causadonation inter vivoscivil lawsuccessionwillsestate planning

Donation Mortis Causa vs Inter Vivos: Understanding Estate Transfers in the Philippines

Philippine Supreme Court explains when a donation is mortis causa, not inter vivos, and why formalities of a will matter.

Oct 17, 2008tax assessmentbirprescriptionevidencetaxpayer rightscta

Tax Assessment Validity: Balancing Revenue Collection and Taxpayer Rights in Evidence Disputes

The Supreme Court clarifies that illegally obtained documents do not automatically invalidate tax assessments, balancing BIR collection powers with taxpayer protections.

Oct 17, 2008eminent domainjust compensationeasementnational power corporationproperty law

Full Market Value Required When Easement Impairs Land Use

Supreme Court rules NPC must pay full market value, not 10% easement fee, when transmission lines impair land use.

Oct 17, 2008civil-law

RES Judicata Preventing Relitigation OF Ownership IN ILL Gotten Wealth Cases

Oct 17, 2008administrative lawombudsmanjurisdictionestoppelpublic school teacherssexual harassment

Concurrent Jurisdiction and Estoppel: Ombudsman vs. DepEd in Teacher Discipline

The Supreme Court clarifies the Ombudsman's concurrent jurisdiction over public school teachers and the estoppel bar against belated jurisdictional challenges.

Oct 17, 2008negligenceappellate proceduredamagespharmacy liabilityphilippine jurisprudence

When a Counsel's Negligence Endangers Property: Balancing Technical Rules and Substantive Justice

A Supreme Court ruling shows that procedural lapses in an appellant's brief may be excused, but a drugstore's negligent dispensing of medicine still invites liability.

Oct 17, 2008maritime-lawseafarer-dismissaldue-processpoea-contractillegal-dismissalnominal-damages

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

Oct 17, 2008criminal-lawillegal-drugsbuy-bust-operationentrapmentframe-upchain-of-custody

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

The Supreme Court explains the difference between valid buy-bust entrapment and a mere frame-up in drug cases, and what evidence convicts.

Oct 17, 2008legal ethicsdisbarmentgross immoral conductcode of professional responsibilitylawyers

When Lawyers Fall Short: Disbarment for Gross Immoral Conduct

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for membership in the bar.

Oct 17, 2008election-law

Double Jeopardy IN Disguise Forum Shopping AND THE Dismissal OF Election Protests

Oct 17, 2008maritime lawlimited liabilityreal and hypothecary doctrinecarriage of goodsshipowner negligenceaboitiz

When Shipowner Negligence Sinks the Limited Liability Defense in Philippine Maritime Law

Philippine Supreme Court clarifies when shipowners lose the limited liability rule due to actual negligence in cargo loss cases.

Oct 17, 2008tortsnegligencepharmacy lawdamagesconsumer protectioncivil law

Pharmacists' Negligence: The High Standard of Care in Dispensing Medicine

When a pharmacist gives the wrong medicine, that mistake is negligence. The Supreme Court explains the high standard of care for drugstores in Mercury Drug v. De Leon.

Oct 17, 2008property-law

Mortgage Foreclosure Minor Errors IN Notice DO NOT Necessarily Void THE Sale