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显示第 15337–15360 篇,共 24,858 篇文章

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Jun 16, 2006double jeopardycriminal procedurearraignmentamendment of informationsandiganbayanrule 117

When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

Jun 16, 2006criminal-lawcriminal-procedurerapeacts-of-lasciviousnesswaiverrules-of-court

Insufficient Information and Waiver of Rights in Philippine Rape and Lasciviousness Cases

Can a rape conviction stand if the information omits force and intimidation? People v. Candaza explains waiver under the omnibus motion rule.

Jun 16, 2006ombudsmanadministrative lawdisciplinary authoritypublic officersra 6770

Ombudsman's Power to Impose Administrative Penalties: Not Just a Recommendation

The Supreme Court clarifies that the Ombudsman can directly impose administrative penalties, not merely recommend them, under the Constitution and RA 6770.

Jun 16, 2006double jeopardycriminal procedureamendment of informationarraignmentanti-graft law

Double Jeopardy and Amendment of Information: Rights of the Accused in Philippine Law

Explaining when amending a criminal information after a plea is allowed, and why double jeopardy did not bar re-arraignment in Cabo v. Sandiganbayan.

Jun 16, 2006election lawexecution pending appealcomeleccertiorarijurisprudence

Execution Pending Appeal in Election Cases: When "Good Reasons" Are Not Enough

The Supreme Court clarifies when execution pending appeal in election cases is allowed and why "good reasons" must be clearly established.

Jun 16, 2006seafarersmaritime lawcontractual employmentdisability benefits13th month paylabor law

Seafarers Are Contractual Employees: What This Means for Benefits Claims

Supreme Court clarifies that seafarers are contractual, not regular, employees—affecting 13th month pay and disability benefits claims.

Jun 15, 2006labor-lawterminationjust-causedue-processillegal-dismissalsupreme-court

Employee Termination: Just Cause and Due Process Under Philippine Law

The Supreme Court clarifies the standards for valid employee termination in the Philippines, focusing on just cause and due process requirements.

Jun 15, 2006falsificationnotarial lawforgerylegal ethicsadministrative casesupreme court

Falsification of Documents: Proving Intent and Damage in Philippine Law

Philippine Supreme Court ruling on notarial falsification, forgery evidence, and lawyer liability in Lingan v. Calubaquib.

Jun 15, 2006equitable mortgageabsolute salereal estatecivil codesupreme court

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Jun 15, 2006mortgage lawstipulation pour autriconsentvoid contractpilipinas banksupreme court

Unsigned Stipulations in Mortgages: Philippine Supreme Court Upholds Consent as Key

Philippine Supreme Court rules a mortgage stipulation inserted after signing without the mortgagor's consent is void ab initio.

Jun 15, 2006foreclosuredeficiency judgmentreal estate mortgagebankingsupreme court

Deficiency Judgments in Philippine Foreclosure: Can Banks Recover More After Auction?

Philippine Supreme Court clarifies when banks can collect deficiency after extrajudicial foreclosure of real estate mortgages.

Jun 15, 2006probable causegrave abuse of discretiondepartment of justicepreliminary investigationcriminal procedurecertiorari

Probable Cause and Abuse of Discretion: Navigating DOJ Decisions in the Philippines

When can courts overturn a DOJ Secretary's ruling on probable cause? Learn the high bar of grave abuse of discretion.

Jun 15, 2006docket feesappealphilippine courtscivil procedurerules of court

Perfecting Your Appeal: Understanding Docket Fee Payment Requirements in the Philippines

Learn the rules on docket fee payment for appeals in the Philippines, including timing, amount, and consequences of non-payment.

Jun 15, 2006labor-lawsuccessor-liabilityemployer-employeeillegal-dismissalmanagement-contractdigitel

Successor Liability in Philippine Labor Law: When Is a Company Responsible for Another's Debts

Philippine Supreme Court clarifies when a company becomes liable for another firm's labor debts under successor liability rules.

Jun 15, 2006due processadministrative lawconstitutional rightsgovernment proceedingsphilippine law

Due Process in Administrative Cases: Understanding Your Rights

Learn how the Supreme Court applies due process in administrative proceedings and what rights individuals have when facing government actions.

Jun 15, 2006search warrantcriminal procedurejudgesrule 126gross ignorance of the law

Search Warrant Requirements in the Philippines: A Judge's Duty to Examine Witnesses in Writing

The Supreme Court reminds judges that issuing search warrants requires a written, searching examination of witnesses—not just oral interviews.

Jun 15, 2006administrative lawjudicial misconductsearch warrantgross ignorance of the lawrule 126code of judicial conduct

Maintaining Judicial Integrity: Understanding Misconduct of Court Personnel in the Philippines

A judge's P20,000 fine for issuing a search warrant without written searching questions shows why judicial competence matters.

Jun 15, 2006labor lawillegal dismissalnlrcjudicial reviewemployer-employee relationshipsupreme court

Challenging NLRC Decisions: Judicial Review in Illegal Dismissal Cases in the Philippines

Learn how courts review NLRC rulings in illegal dismissal cases, and when factual findings may be overturned.

Jun 15, 2006legal ethicsconflict of interestattorney-client relationshipphilippine lawsupreme court

Attorney Conflicts of Interest: Lessons from Philippine Jurisprudence

Learn how Philippine courts handle attorney conflicts of interest, consent requirements, and ethical duties through key Supreme Court rulings.

Jun 15, 2006banking lawinsolvencycentral bankmonetary boardadministrative law

Banking Insolvency: When the Central Bank Can Close an Insolvent Bank

The Supreme Court upholds the Central Bank's power to close insolvent banks, explaining the legal meaning of insolvency and the limits of judicial review.

Jun 15, 2006civil-law

Stare Decisis in Philippine Courts: How Prior Rulings Bind Future Cases

The Supreme Court applies stare decisis to bar relitigation of the Pepsi The decision demonstrates how prior rulings on the same controversy can bar subsequent claims and promote consistency in the ad

Jun 15, 2006government employeescommission on auditsalary withholdingcash shortageadministrative law

When Government Salaries Can Be Withheld: The Santiago COA Ruling

The Supreme Court clarifies when COA may withhold a government employee's salary for an alleged cash shortage, and when it cannot apply the withheld amounts.

Jun 12, 2006disbarmentfinality of judgmentcontempt of courtcode of professional responsibilitywrit of executionsupreme court

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final disbarment orders through execution and contempt, underscoring the doctrine of finality of judgment.

Jun 8, 2006extrinsic fraudprobateannulment of judgmentinheritancefiduciary duty

Extrinsic Fraud in Probate: Protecting Inheritance Rights in the Philippines

When an administrator's omission in a Philippine probate case amounts to extrinsic fraud, final orders can be annulled. Learn the rules.