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显示第 14281–14304 篇,共 24,858 篇文章

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Apr 13, 2007anti-graft lawconspiracyprivate personssandiganbayanra 3019corruption

Conspiracy and Corruption: Private Actors Under the Anti-Graft Law

The Supreme Court clarifies that private individuals may be charged with violating Section 3(g) of the Anti-Graft Law when they conspire with public officers.

Apr 13, 2007incestuous rapecredibilityparental authorityrapecriminal lawsupreme court

Incestuous Rape: Credibility of the Victim and the Weight of Parental Authority

Philippine Supreme Court ruling on incestuous rape explains why a child's testimony against a father deserves greater weight and credibility.

Apr 13, 2007labor-lawemployees-compensationgsispd-626work-connectiondeath-benefits

Line of Duty vs Personal Grudge: When Employee Death Claims Are Compensable

Supreme Court rules on compensability of employee death from personal grudge attacks, clarifying intoxication defense and line of duty standards.

Apr 13, 2007criminal-law

Liability IN Kidnapping Examining THE Importance OF Positive Identification AND DUE Process

Apr 13, 2007labor-lawproject-employeesregular-employmentsecurity-of-tenureillegal-dismissallabor-code

Regular vs Project Employment: Security of Tenure in Philippine Labor Law

When repeated rehiring for vague "projects" turns project employees into regular workers entitled to security of tenure.

Apr 13, 2007administrative-lawombudsmanpublic-school-teachersmagna-carta-for-teachersjurisdictiondue-process

Concurrent Jurisdiction in Administrative Cases: Protecting Teachers' Rights Under RA 4670

The Supreme Court clarifies how the Ombudsman and DECS share jurisdiction over administrative cases involving public school teachers.

Apr 13, 2007civil-procedureindispensable-partiesjurisdictioninterventionannulment-of-judgmentdue-process

When Courts Can't Bind Non-Parties: Indispensable Parties and Jurisdiction in Injunction Cases

Philippine Supreme Court ruling on indispensable parties, jurisdiction, and why judgments cannot bind strangers to a case.

Apr 13, 2007criminal-law

Prejudicial Question Doctrine Suspension VS Withdrawal OF Criminal Action

Apr 13, 2007election-lawparty-listcomelecproportional-representationsupreme-courtveterans-formula

Party-List Proportionality: The Veterans Formula After CIBAC v. COMELEC

The Supreme Court clarifies the correct formula for computing additional party-list seats, reaffirming the Veterans ruling in CIBAC v. COMELEC.

Apr 13, 2007rapestatutory rapebest evidence ruleminoritycriminal lawrules of court

Rape and the Best Evidence Rule: Proving Minority in Statutory Rape Cases

A father convicted of qualified rape challenges the death penalty, claiming the victim's minority was not proven. The Supreme Court explains how a photocopied birth certificate can establish age.

Apr 13, 2007legal ethicsforum shoppingcode of professional responsibilitydisbarmentcivil proceduresupreme court

Upholding Ethical Conduct Attorneys AND THE Prohibition Against Forum Shopping 2

The Supreme Court reminds lawyers that filing repeated suits for the same cause violates the Code of Professional Responsibility and constitutes forum shopping.

Apr 12, 2007ombudsmanadministrative lawinjunctive reliefphilippine supreme courtpublic officers

Ombudsman Decisions Are Immediately Executory: Buencamino v. Court of Appeals

The Supreme Court ruled that Ombudsman decisions in administrative cases are immediately executory even pending appeal, limiting the availability of injunctive relief.

Apr 11, 2007administrative-lawbangko-sentral-ng-pilipinasrule-43monetary-boardsupreme-courtadministrative-appeals

Improperly Impleading Agencies: BSP Exemption in Administrative Appeals

The Supreme Court clarifies that agencies like the BSP and Monetary Board cannot be impleaded as respondents in Rule 43 appeals.

Apr 9, 2007seafarerdisability-benefitsbunkhouse-rulepersonal-comfort-doctrinepoea-seclabor-law

When a Shipboard Basketball Injury Is Work-Related: Arriesgado v. Multinational Maritime

SC rules a seafarer's basketball injury on board is work-related under the Bunkhouse Rule and Personal Comfort Doctrine, entitling him to disability benefits.

Apr 4, 2007malicious prosecutiondamagescriminal lawcivil liabilityphilippine law

Malicious Prosecution: The High Bar for Damages in the Philippines

Learn when filing a baseless criminal case can lead to damages for malicious prosecution in the Philippines, and the strict legal standards courts apply.

Apr 4, 2007criminal-lawattempted-rapehomicideconspiracytreacherymitigating-circumstances

Attempted Rape With Homicide: Supreme Court Affirms Conspiracy, Treachery, Rejects Intoxication Defense

The Supreme Court affirms the conviction for attempted rape with homicide, explaining conspiracy, treachery, and why intoxication and lack of instruction defenses failed.

Apr 4, 2007baildue processjudicial misconductcriminal procedurerule 114

When Foreclosure Looms Upholding Rights Despite Procedural Delays

A judge's premature order canceling bail without hearing amounts to simple misconduct, not gross ignorance of law.

Apr 4, 2007property-law

Writ OF Possession Ministerial Duty VS Redemption Rights IN Foreclosure Sales

Apr 4, 2007custodial investigationright to counselextrajudicial confessionmiranda rightscriminal procedurebill of rights

Confessions Under Duress: Safeguarding Rights in Custodial Investigations

The Supreme Court nullifies an illiterate suspect's confession obtained without proper Miranda warnings, reinforcing constitutional safeguards in custodial investigations.

Apr 4, 2007labor-lawillegal-dismissalabandonmentemployee-rightsterminationnlrc

Abandonment vs Illegal Dismissal: Protecting Workers' Rights in the Philippines

Philippine Supreme Court clarifies the distinction between abandonment and illegal dismissal, protecting workers who file complaints after being reprimanded.

Apr 4, 2007property-lawresolutory-conditionexpropriationreconveyanceairportland-ownership

Resolutory Conditions and Airport Expansion: Land Ownership Reversion in Philippine Law

When government stops using expropriated land for its stated purpose, ownership may revert to the original owner under a resolutory condition.

Apr 4, 2007notarial practicelegal ethicsadministrative lawcode of professional responsibilityphilippine supreme court

Notarizing a Document Without the Signatory Present: The Flores Ruling

A notary public must not notarize a deed unless the signatories personally appear before him. The Supreme Court suspended a lawyer for doing otherwise.

Apr 4, 2007bail rightscriminal proceduredue processrules of courtsupreme court ruling

Bail Rights in the Philippines: Understanding When and How They Can Be Restricted

Philippine law guarantees bail as a matter of right for most offenses. A Supreme Court ruling explains when courts may restrict it.

Apr 4, 2007criminal-lawbuy-bustdrugscredibilityra-9165evidence

Credibility in Buy-Bust Operations: Minor Inconsistencies Do Not Destroy a Conviction

Minor inconsistencies in police testimony do not weaken a buy-bust conviction when the essential facts are consistent and credible.