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显示第 17353–17376 篇,共 24,858 篇文章

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Jul 14, 2004hold departure ordercivil casesright to traveljudicial ethicssupreme courtphilippines

When Civil Cases Don't Justify Travel Bans: The Limits of Hold Departure Orders

Philippine Supreme Court clarifies that hold departure orders may only be issued in criminal cases, not civil disputes like support cases.

Jul 14, 2004constitutional-law

Gsis Survivorship Benefits Protecting Spouses From Discriminatory Pension Restrictions

Jul 14, 2004agrarian reformpresidential decree 27certificate of land transfersamahang nayondarabland reform

Agrarian Reform Voluntary Land Surrender to Samahang Nayon Upheld by Supreme Court

Supreme Court clarifies when a farmer-beneficiary's voluntary surrender of agrarian land to a Samahang Nayon is valid under PD 27.

Jul 14, 2004bp 22bouncing checkscriminal lawcorporate liabilitycheckssupreme court

Bouncing Checks and Corporate Liability: Understanding BP 22 in Philippine Law

The Supreme Court clarifies that under BP 22, the reason for issuing a bouncing check is immaterial to criminal liability. Learn the rules.

Jul 14, 2004proof of paymentvouchersreceiptscivil lawcollectionsevidence

Proof of Payment: Why Vouchers Aren't Receipts Under Philippine Law

Philippine Supreme Court clarifies why disbursement vouchers are not receipts and what actually proves payment in civil cases.

Jul 14, 2004agrarian reformdarabinterventioncivil procedureland rightstenancy

Intervention in Agrarian Disputes: Protecting Land Rights During Legal Proceedings

Learn when third parties may intervene in agrarian cases and how intervention affects the finality of DARAB decisions, based on a 2004 Supreme Court ruling.

Jul 14, 2004evidencepaymentvoucherscivil-coderule-45collection

Vouchers vs Receipts: Proving Payment in Philippine Labor and Civil Disputes

Philippine Supreme Court clarifies why vouchers are not receipts and how to prove payment in collection cases under Rule 45.

Jul 14, 2004property lawmarital propertycontract to sellspousal consentreal estatecivil code

Protecting Marital Property: Understanding Consent Requirements in Real Estate Sales

The Supreme Court clarifies when spousal consent is required for real estate sales and the difference between contracts to sell and deeds of sale.

Jul 13, 2004criminal lawbuy-bust operationwarrantless arrestillegal drugsadministrative lawsupreme court

Abuse of Authority: A Judge's Unlawful Order for Warrantless Arrest

Philippine Supreme Court ruling on buy-bust operations, warrantless arrests, and the limits of judicial authority in drug cases.

Jul 13, 2004maritime-law

Intervention Denied Prioritizing Original Litigants AND Preventing Prolonged Delays IN Maritime Lien Disputes

Jul 13, 2004criminal lawbuy-bust operationdangerous drugsentrapmentillegal drug salera 6425

Challenging Entrapment When Buy-Bust Operations Must Meet Strict Standards in Drug Cases

The Supreme Court explains when a buy-bust operation is valid and when an accused can challenge it as entrapment.

Jul 13, 2004civil-procedurenew-trialdefault-judgmentrules-of-courtsupreme-courtlitigation

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Jul 13, 2004criminal procedureprosecutorial discretionjudicial reviewpreliminary investigationrule 112

When Courts Must Independently Assess Criminal Case Dismissals: Judicial Discretion vs Agency Authority

Philippine Supreme Court clarifies when courts may independently review prosecutorial dismissals of criminal cases versus deferring to agency authority.

Jul 13, 2004guarantysuretyshipreimbursementcivil codecontract lawsubrogation

Guarantors' Reimbursement Rights When Premature Payment Nullifies Recourse

When a guarantor pays before the debtor's default is established, it may lose the right to reimbursement from the principal debtor.

Jul 13, 2004legal ethicsattorney suspensioncode of professional responsibilityclient fundsnegligence

Upholding Client Trust Attorney Suspended For Neglecting Legal Duty AND Misusing Funds

A lawyer who took a client's fees but never filed her annulment case was suspended for six months. The Supreme Court explains why.

Jul 12, 2004labor-lawhabitual-absenteeismcivil-servicecourt-employeesadministrative-casepublic-accountability

Habitual Absenteeism of Court Employees: Accountability and Mitigating Circumstances

The Supreme Court defines habitual absenteeism for court employees and clarifies that personal obligations do not excuse unauthorized absences.

Jul 12, 2004labor-lawfixed-term-employmentregular-employmentlabor-codeillegal-dismissalphilippine-supreme-court

Fixed-Term Contracts vs Regular Employment: What Employers and Workers Must Know

A Supreme Court ruling explains when fixed-term employment is valid and how it differs from regular employment under Philippine labor law.

Jul 12, 2004fencingcriminal lawburden of proofhearsayinconsistent testimonypresidential decree 1612

Fencing Law, Inconsistent Testimony, and the Burden of Proof in Criminal Cases

The Supreme Court acquits a jeweler of fencing, stressing that inconsistent testimony and hearsay cannot prove guilt beyond reasonable doubt.

Jul 12, 2004civil-law

Equitable Mortgage Protecting Borrowers From Unfair Sale Agreements

Jul 12, 2004criminal-lawanti-fencingpresidential-decree-1612hearsay-evidencereasonable-doubtsupreme-court

When Presence Implies Participation: Fencing Conviction Reversed for Lack of Proof

The Supreme Court acquits a jeweler of fencing stolen jewelry, ruling that inconsistent testimony and hearsay cannot prove guilt beyond reasonable doubt.

Jul 12, 2004administrative lawhabitual absenteeismcourt personnelcivil servicejudicial ethics

Habitual Absenteeism of Court Employee: A Case on Public Trust in the Judiciary

Court process server fined for habitual absenteeism; ruling underscores that personal obligations do not excuse neglect of judicial duties.

Jul 12, 2004fencinganti-fencing lawpresidential decree 1612criminal lawstolen propertyevidence

Fencing Conviction Reversed: Proving Knowledge of Stolen Goods in Philippine Law

Supreme Court acquits jeweler of fencing, stressing the need for competent proof of value and knowledge that goods were stolen.

Jul 12, 2004local governancesuspensionelective officialslocal government codecomelecadministrative law

When a Suspension Order Against an Elective Official Takes Effect Immediately

The Supreme Court clarifies when suspension orders against elective local officials are immediately executory, even during an election period.

Jul 12, 2004property-lawwrit-of-possessionforeclosureredemptionprejudicial-questionreal-estate-mortgage

Writ of Possession Not Barred by Pending Annulment of Foreclosure Case

A pending annulment of foreclosure case does not stop a bank from getting a writ of possession after the redemption period lapses.