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显示第 12601–12624 篇,共 24,772 篇文章

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Oct 10, 2008grave misconductcourt personneladministrative casedismissal from servicejudicial integrityrape case

Grave Misconduct and Dismissal of Court Personnel: Acquittal in Criminal Case Does Not Bar Administrative Liab

The Supreme Court explains why a court aide's acquittal in a rape case did not prevent his dismissal for grave misconduct from judicial service.

Oct 10, 2008administrative-lawombudsmanpublic-school-teachersmagna-carta-for-public-school-teachersjurisdictiondue-process

When the Ombudsman Must Yield to School Superintendents in Teacher Cases

The Supreme Court clarifies overlapping jurisdiction over administrative cases against public school teachers, and when the Ombudsman may still act.

Oct 8, 2008labor lawproject employeesregular employmentillegal dismissalsecurity of tenure

Project Employee or Regular Employee? Court Rules on Repeated Rehiring and Termination Reports

Supreme Court clarifies when project employees become regular employees, emphasizing employer burden to prove project status and file termination reports.

Oct 8, 2008kidnappingconspiracycarnappingextrajudicial confessioncriminal lawsupreme court

Accountability for Kidnapping: Conspiracy, Confessions, and Justice in People v. Muit

Supreme Court affirms convictions for kidnapping and carnapping, explaining conspiracy, interlocking confessions, and penalties.

Oct 8, 2008administrative-lawclerks-of-courtministerial-dutywrit-of-executionmisconductjudicial-discretion

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Oct 8, 2008rapesweetheart defenseconsentcriminal lawrevised penal codesupreme court

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Oct 8, 2008legal ethicsdisbarmentcivil procedurelawyersprofessional responsibility

Due Process and Fair Play: When a Lawyer's Oversight Is Not Malice

When can a lawyer be disciplined for lapses in court? The Supreme Court explains the line between honest error and misconduct.

Oct 8, 2008legal ethicsland reconstitutiondue processadministrative caselawyer disciplinera 26

Due Process and Public Interest: When Technicalities Yield in Land Disputes

A disbarment case clarifies when a lawyer's honest errors in land reconstitution cases are not professional misconduct.

Oct 8, 2008labor-lawcourt-stenographeradministrative-casegross-neglect-of-dutyjudiciarycivil-service

Court Stenographers' Duty of Diligence: Lessons from a One-Year Suspension

A Supreme Court ruling on a stenographer's suspension for inefficiency, loafing, and false logbook entries underscores accountability in the judiciary.

Oct 7, 2008constitutional-lawwrit-of-amparoenforced-disappearancesecurity-of-personhuman-rightsbill-of-rights

Security of Person: The State's Duty to Protect Against Extralegal Killings and Enforced Disappearances

The Manalo ruling defines the constitutional right to security of person and the State's duty to protect citizens from enforced disappearances.

Oct 6, 2008contract-lawwarrantyreal-estatesalephilippine-national-banksupreme-court

Breach of Warranty in Realty Sale: Buyer Entitled to Reduced Purchase Price

Philippine Supreme Court ruling on breach of warranty in realty sales and the buyer's right to proportionate price reduction.

Oct 6, 2008conspiracyrapecriminal lawrevised penal codephilippine supreme court

Conspiracy and Liability in Rape: Understanding Shared Criminal Intent

Philippine Supreme Court clarifies conspiracy rules in rape cases, explaining when co-accused share criminal liability.

Oct 6, 2008tax lawfranchise taxlocal governmenttax exemptionabs-cbnsupreme court

Taxing Power Showdown: How Franchise Agreements Interact With Local Taxes in the Philippines

Supreme Court ruling on whether "in lieu of all taxes" clauses in franchises exempt broadcasters from local franchise taxes.

Oct 6, 2008civil lawleasechattel mortgagelessor's lienpactum commissoriumproperty rights

Lessor's Lien vs Chattel Mortgage: Rights Over Leased Property After Default

When a lessor takes a tenant's property for unpaid rent and a lender later claims the same items under a chattel mortgage, who wins? The Supreme Court clarifies.

Oct 6, 2008compromise agreementcontract lawsubrogationcivil proceduresupreme court

Compromise Agreements Upholding Contractual Freedom To Settle Disputes Out of Court

The Supreme Court approved a compromise agreement ending a subrogation dispute, affirming parties' freedom to settle litigation through mutual concessions.

Oct 6, 2008maritime-lawseafarer-disabilitypoea-contractlabor-lawcompany-physiciandisability-benefits

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

Oct 6, 2008civil-law

Shareholder Rights Inclusion IN General Information Sheet VS Corporate Book Registration

Oct 6, 2008election lawelection protestcomelecpreliminary conferencerules of proceduresupreme court

Strict Compliance in Election Protests: When a Technicality Can Decide the Victor

A flawed preliminary conference brief ended an election protest. Learn the strict rules and practical lessons from Cabrera v. COMELEC.

Oct 6, 2008administrative-law

Judicial Misconduct Maintaining Propriety AND Upholding Public Trust IN THE Judiciary

Oct 6, 2008criminal-procedureconspiracyprobable-causefalsificationrule-112certiorari

Probable Cause vs. Proof of Conspiracy: Lessons from Victorias Milling v. Padilla

The Supreme Court clarifies that judges need only probable cause, not proof beyond reasonable doubt, to find conspiracy at the warrant stage.

Oct 6, 2008illegal recruitmentlarge scalera 8042labor lawcriminal lawoverseas employment

Illegal Recruitment: Simple vs Large Scale — A Crucial Distinction in Philippine Law

The Supreme Court clarifies when illegal recruitment becomes large scale, and why the number of victims matters in Philippine criminal law.

Oct 6, 2008land titlespublic domainfinality of judgmentreversionexecution of judgmenttorrens system

Finality Prevails: Nullifying Titles and Reverting Illegally Acquired Public Lands

The Supreme Court reaffirms that final judgments on land title nullification and reversion to public domain are immutable and must be executed.

Oct 6, 2008maritime lawabandonment of postseafarersillegal dismissalpoeaoverseas employment

Abandonment of Post: Employers’ Rights and Seafarers’ Responsibilities Under Philippine Law

A seafarer who fails to rejoin his vessel after approved leave may be liable for abandonment, not illegal dismissal.

Oct 6, 2008civil-law

Finality OF Judgment Upholding Interest Awards Despite Ambiguous Wording IN Court Decisions