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显示第 14233–14256 篇,共 24,858 篇文章

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Apr 27, 2007comelecelection lawomnibus election codegrave abuse of discretionspecial electionphilippine law

COMELEC’s Decisive Power: Ensuring Fair Elections Beyond Procedural Technicalities

The Supreme Court affirms COMELEC’s broad authority to act decisively on election irregularities, prioritizing credible elections over procedural technicalities.

Apr 27, 2007civil procedureservice of summonsjurisdictioncorporationsvoluntary appearancerules of court

Service of Summons on Corporations: When Courts Acquire Jurisdiction

Learn when Philippine courts acquire jurisdiction over a corporation—valid service of summons or voluntary appearance—from Orion Security v. Kalfam.

Apr 27, 2007administrative lawprocess servergross neglect of dutyhabitual absenteeismcourt personneldismissal

Dismissal Upheld for Incorrigible Process Server: Upholding Diligence in Court Service

Supreme Court affirms dismissal of a process server for habitual absenteeism, tardiness, and failure to serve court processes.

Apr 27, 2007administrative casedishonestygrave misconductcourt personneljudiciary fundsrestitution

Judicial Integrity: Misappropriation of Court Funds Leads to Dismissal and Restitution

Supreme Court dismisses two court clerks for misappropriating over P4 million in judiciary funds, ordering joint restitution and forfeiture of benefits.

Apr 27, 2007medical negligenceres ipsa loquiturtortsdamagessurgical liabilityphilippine law

Medical Negligence and Res Ipsa Loquitur: Liability in Surgical Procedures

How the Supreme Court applied res ipsa loquitur to hold a surgeon liable for a patient's unexplained burn during childbirth.

Apr 27, 2007criminal-lawrapealibicredibilitysupreme-courtstatutory-rape

Challenging Alibis in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

How Philippine courts weigh a rape victim's positive testimony against denial and alibi, and why delay in reporting does not defeat a conviction.

Apr 27, 2007criminal lawprescription of offensesrevised penal codepreliminary investigationfiling of complaintarticle 91

Prescription of Offenses: When Filing a Complaint Interrupts the Prescriptive Period

Learn how filing a complaint interrupts prescription of offenses in the Philippines, and when the prescriptive period resumes under Article 91 of the RPC.

Apr 27, 2007legal ethicscode of professional responsibilitylawyer suspensionfamily codeadministrative law

Upholding Ethical Standards: One-Year Suspension for Lawyer's Bigamous Marriage

A municipal legal officer's second marriage while his first subsists violates lawyer ethics. The Supreme Court explains why.

Apr 27, 2007forcible entryejectmentdamagescivil procedurerule 70property law

Independent Damage Claims in Forcible Entry: Separating Possession From Subsequent Harm

Philippine Supreme Court clarifies when damages from forcible entry may be claimed in a separate ordinary action rather than the ejectment case.

Apr 27, 2007grave misconductcourt administrationadministrative lawjudicial integritysupreme courtdismissal

Dismissal for Grave Misconduct: Upholding Integrity in Court Administration

Explore how the Supreme Court upholds accountability in court administration, examining dismissal for grave misconduct and its impact on judicial integrity.

Apr 27, 2007bouncing checksbp 22civil liabilityacquittalnegotiable instruments law

When Acquittal Doesnt Always Clear THE Debt Civil Liability AND Bouncing Checks

An acquittal in a bouncing checks case does not automatically erase civil liability. Learn the rule from Samson Ching v. Nicdao.

Apr 27, 2007civil-procedurelaw-student-practicerule-138inferior-courtsprivate-prosecutorgrave-threats

Law Students as Agents in Inferior Courts: The Cruz v. Mina Ruling

The Supreme Court clarifies when a law student may appear in inferior courts without lawyer supervision, and the civil aspect of grave threats.

Apr 27, 2007legal ethicscode of professional responsibilitysuspensionfamily codebigamylawyer discipline

Lawyer Suspended for Contracting Second Marriage While First Was Subsisting

A lawyer's second marriage while his first remained valid led to a one-year suspension, underscoring lawyers' duty to know the law.

Apr 27, 2007easementproperty lawpublic landwater codefree patenturban development

Easement Reduction on Urban Land: Balancing Public Land Rules and Development

When a free-patent lot becomes urban private land, the river easement may shrink from 40 meters to 3 meters.

Apr 27, 2007filiationpaternityfamily codeillegitimate childrensupportsupreme court

Establishing Filiation: How Informal Writings Can Prove Paternity in the Philippines

Philippine Supreme Court ruling on how handwritten letters can establish paternity and filiation of illegitimate children under the Family Code.

Apr 26, 2007contract lawjurisdictionrescissionregional trial courtcivil procedure

Contract Rescission and RTC Jurisdiction: Lessons from Villena v. Payoyo

When rescinding a contract is the primary remedy, the case belongs in the Regional Trial Court—even if the monetary claim is small.

Apr 24, 2007rapecriminal lawvictim testimonycredibilityintimidation

Rape Conviction Affirmed: Victim Testimony and Intimidation in Philippine Law

Supreme Court affirms rape conviction based on credible victim testimony, explaining how intimidation and threats overcome the need for physical resistance.

Apr 24, 2007criminal-lawrapedenial-defensealibicredibilitysupreme-court

Treachery in Criminal Law: Unexpected Assaults and the Denial Defense in Philippine Jurisprudence

How Philippine courts treat denial and alibi defenses in rape cases, and why the victim's credible testimony prevails.

Apr 24, 2007election-lawcertificate-of-candidacycomelecage-requirementelection-protestphilippine-law

When Can a Certificate of Candidacy Be Questioned: Age and Election Rules

Philippine Supreme Court ruling on when a certificate of candidacy can be questioned, including age requirements and election protest rules.

Apr 24, 2007criminal procedureprosecutorial discretiongrave abuse of discretionpreliminary investigationsecretary of justice

When Prosecutors Must Be Compelled: Grave Abuse of Discretion in Criminal Cases

The Supreme Court clarifies when courts may compel prosecutors to include accused persons in an Information, explaining the limits of prosecutorial discretion.

Apr 24, 2007election-lawcomelecballot-integrityelection-protestmarked-ballotsjurisprudence

Ballot Integrity and Fair Elections: Lessons from Juan v. COMELEC on Post-Election Tampering

How the Supreme Court handled claims of post-election tampering and marked ballots in a barangay election protest, and what it means for ballot integrity.

Apr 24, 2007election-lawcomelecsangguniang-panlalawiganlocal-government-codeagusan-del-norteprovincial-board

Upholding Electoral Mandates: The Province's Duty to Implement Sangguniang Panlalawigan Seat Increases

Supreme Court affirms COMELEC's power to order proclamation of additional Sangguniang Panlalawigan members when a province's reclassification entitles it to more seats.

Apr 24, 2007prosecutorial discretiongrave abuse of discretionpreliminary investigationcriminal procedureestafafalsification

Prosecutorial Discretion and Grave Abuse: When Courts Can Compel Criminal Prosecution

The Supreme Court clarifies when courts may override a prosecutor's dismissal of charges and compel the inclusion of accused persons in an Information.

Apr 24, 2007sole proprietorshippersonal liabilityillegal dismissallabor lawpierce the veilphilippines

Piercing the Sole Proprietorship Veil: Personal Liability for Business Debts in Illegal Dismissal Cases

Learn when Philippine courts hold sole proprietors personally liable for business debts, including illegal dismissal claims, and how to protect personal assets.