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显示第 13129–13152 篇,共 24,774 篇文章

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Apr 23, 2008behest loansombudsmananti-graft lawprobable causeprescriptionpcgg

Behest Loans and the Ombudsman: Probable Cause, Prescription, and the Romualdez Ruling

The Supreme Court ruled that the Ombudsman gravely abused its discretion in dismissing behest loan charges for lack of probable cause and prescription.

Apr 23, 2008real-estate-lawland-purchase-agreementcontractual-obligationsinterestpenaltiessupreme-court

Contractual Obligations Upholding Interest AND Penalties IN Land Purchase Agreements

Philippine Supreme Court rules buyers must pay stipulated interest and penalty charges in land purchase agreements, even if onerous.

Apr 23, 2008rapecriminal lawvictim testimonycredibilityrevised penal code

Supreme Court Affirms Rape Conviction Based on Victim's Credible Testimony Despite Minor Inconsistencies

Philippine Supreme Court affirms rape conviction, ruling that a victim's credible testimony suffices even with minor inconsistencies and delayed reporting.

Apr 22, 2008burden of proofpreponderance of evidencecivil procedurerules of courtsupreme court

Burden of Proof in Civil Cases: Preponderance of Evidence Explained

Philippine Supreme Court clarifies the burden of proof in civil cases and why self-serving testimony cannot replace preponderance of evidence.

Apr 22, 2008labor-lawconfidential-employeescollective-bargainingmanagement-prerogativesupreme-courtphilippines

Defining Confidential Employees: Balancing Labor Rights and Management Prerogatives in Collective Bargaining

Supreme Court ruling on confidential employees in bargaining units and acting capacity pay, balancing labor rights with management prerogatives.

Apr 22, 2008certiorarirule 45appeallabor lawsupreme courtcivil procedure

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Apr 22, 2008burden of proofproperty disputescivil procedurepreponderance of evidencefamily disputesphilippine supreme court

The Burden of Proof in Philippine Property Disputes: Lessons from Spouses Anchinges v. Spouses Albarillo

A family property dispute shows why courts require preponderance of evidence, not just claims, in Philippine civil cases.

Apr 22, 2008suretyshipsubcontractinglabor lawsolidary liabilityjurisdictioncivil law

Suretyship and Subcontracting: When Does a Surety Guarantee Performance

Philippine Supreme Court clarifies when a surety's liability arises in subcontracting and why reimbursement claims belong in regular courts.

Apr 22, 2008labor-lawillegal-dismissalgross-negligenceproject-employeeregular-employeeseparation-pay

Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal

Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.

Apr 22, 2008labor lawillegal dismissalgross negligenceproject employeeregular employmenttermination

When Is Negligence "Gross and Habitual"? Lessons from Belle Corporation v. Macasusi

The Supreme Court clarifies the standard for dismissing employees for gross negligence and the rules on project versus regular employment in the Philippines.

Apr 22, 2008gratuity benefitsadministrative lawjudgesretirement benefitsr.a. 910forfeiture of benefits

Judicial Benefits: Can Misconduct Outside Judicial Office Disqualify a Judge's Heirs from Gratuity?

A judge's heirs can still receive gratuity benefits despite pre-judiciary misconduct, but only for service rendered before the penalty became final.

Apr 22, 2008contract of carriagecommon carrierdamagespassenger rightsairline liabilitycivil law

Airline Liability for Bumping Passengers: Breach of Contract and Damages

When an airline bumps a passenger with valid documents, it breaches the contract of carriage and may owe moral and exemplary damages.

Apr 18, 2008criminal-lawhomicidewitness-credibilitycircumstantial-evidencetrial-court-findingsevidence

Evaluating Witness Credibility When a Trial Court’s Findings Prevail in Homicide Cases

How Philippine courts weigh witness credibility in homicide cases, why trial court findings prevail on appeal, and the role of circumstantial evidence.

Apr 18, 2008administrative lawjudicial disciplinecase delayrtcsupreme court

Justice Delayed Justice Denied Judge Fined FOR Prolonged Case Delays Despite Retirement

Supreme Court fines Judge William Layague for decades of case delays and mismanagement, despite his retirement and poor health.

Apr 18, 2008preventive suspensionombudsmanunexplained wealthsalnadministrative lawpublic office

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

Apr 18, 2008election-lawcertificate-of-candidacygreen-cardresidencydomicilecomelec

Domicile vs. Residency: Can a Green Card Holder Run for Local Office in the Philippines?

The Supreme Court rules that a green card holder who runs for local office without waiving US permanent residency commits material misrepresentation.

Apr 18, 2008lachesland titlequieting of titleindispensable partiescivil law

Overcoming Laches Establishing Ownership Despite Delays In Contested Land Titles

Explore how laches can bar registered owners from recovering land despite delays, and why failing to implead indispensable parties is fatal.

Apr 16, 2008administrative casecourt personneldeputy sheriffcivil servicejudicial ethics

When Court Employees Fail Their Duty: The Madolaria Administrative Case

A deputy sheriff's repeated failures to serve court processes led to a one-year suspension, reinforcing the strict standards for judicial employees.

Apr 16, 2008civil-law

Perfecting Appeals THE Definitive Guide ON Filing Deadlines IN Estate Administration

Apr 16, 2008self-defenseparricidecriminal lawrevised penal codespousal homicideunlawful aggression

Self-Defense and Parricide: Proving Justification in Spousal Homicide

When a husband kills his wife, self-defense is hard to prove. This case explains the legal requirements and penalties.

Apr 16, 2008accommodation partypromissory notecivil lawnegotiable instrumentsloan liability

Accommodation Party Liability When Signing a Promissory Note With Assumed Responsibility

When does signing a promissory note as an accommodation party create liability? The Supreme Court explains in Co v. Admiral United Savings Bank.

Apr 16, 2008civil-law

Upholding Consensual Agreements THE Courts Stance ON Compromise Agreements Despite Formal Defects

Apr 16, 2008civil-law

Loan VS Profit Share THE Supreme Courts Stance ON Proving Debt AND Ownership IN Family Businesses

Apr 16, 2008corporate lawpiercing the corporate veilcorporation codecivil lawsupreme court

Piercing the Corporate Veil: When a Corporation's Separate Identity May Be Disregarded

Philippine Supreme Court explains the strict test for piercing the corporate veil and why mere stock ownership is not enough.