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显示第 17401–17424 篇,共 24,858 篇文章

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Jul 7, 2004property-lawreversionprescriptionpublic-landfree-patenttorrens-title

Prescription Does Not Bar State Reversion of Public Land Illegally Acquired

Philippine Supreme Court clarifies that prescription and laches do not bar the State from reverting public land fraudulently titled, even after many years.

Jul 6, 2004sandiganbayanpcggjurisdictioncorporate lawpre-emptive rightssequestered assets

Shareholder Rights vs PCGG Authority: Jurisdiction in Corporate Disputes Involving Government Assets

Supreme Court clarifies Sandiganbayan jurisdiction limits in corporate disputes involving sequestered assets and stockholder pre-emptive rights.

Jul 6, 2004criminal lawrapeintimidationanti-rape lawmoral damagessupreme court

Intimidation Over Resistance Rape Conviction Upheld Despite Lack of Physical Injury

Supreme Court affirms rape conviction, ruling that intimidation can overcome the need to prove physical resistance or injury in a sexual assault case.

Jul 6, 2004criminal-law

Incestuous Rape Conviction Based ON Credible Testimony Despite Defective Information

Jul 6, 2004labor-law

Substantial Compliance Protecting Workers Rights Despite Procedural Technicalities

Jul 5, 2004conflict of interestcourt sheriffsadministrative lawethical standardssupreme courtdiscipline

Conflict of Interest Upholding Ethical Standards for Court Sheriffs

Explaining how the Supreme Court disciplines court sheriffs for conflict of interest and misconduct, setting ethical standards.

Jul 5, 2004gross immoralityjudicial disciplinecode of professional responsibilityadministrative casesupreme court

Judge Dismissed and Suspended from Law Practice for Gross Immorality in Extramarital Affair Case

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, imposing a three-year suspension from law practice.

Jul 5, 2004murderconspiracyevident premeditationintent to killcriminal lawrevised penal code

Intent to Kill, Conspiracy, and Premeditation in Philippine Murder Cases

The Supreme Court explains how intent to kill, conspiracy, and evident premeditation are proven in murder cases, using a 2004 Bacolod double-attack case.

Jul 2, 2004local governmentpolice powerdue processbusiness closuretaxationmunicipal ordinances

When Can a Local Government Close a Business? Due Process Limits on Municipal Power

The Supreme Court clarifies that municipalities may regulate businesses through closure only with due process, even when taxes are unpaid.

Jul 2, 2004vatsubic bay freeporttax exemptionindirect taxzero-rated salestax refund

VAT Exemption for Subic Bay Freeport Enterprises: Direct vs Indirect Tax Liabilities

Supreme Court clarifies that Subic Bay Freeport enterprises cannot claim VAT refunds on purchases since VAT is an indirect tax.

Jun 30, 2004criminal lawmurdercircumstantial evidencetreacheryself-defensesupreme court

Reasonable Doubt When Circumstantial Evidence Falls Short in Murder Cases

Explore how Philippine courts weigh circumstantial evidence and treachery in murder convictions, using the Larry Cagas case as a guide.

Jun 30, 2004criminal lawself-defensetreacherymurderphilippine jurisprudence

Treachery and Self-Defense: Examining the Boundaries in a Homicide Case

A Supreme Court ruling in a 1995 stabbing case clarifies how Philippine courts evaluate self-defense claims and the qualifying circumstance of treachery.

Jun 30, 2004administrative lawcivil service commissionsolicitor generalrule 65rule 45certiorari

Perils of Independent Action: Why Government Agencies Must Heed Legal Counsel

A Supreme Court ruling reminds government agencies that the Solicitor General is their counsel of record, and that ignoring counsel can cost them their case entirely.

Jun 30, 2004administrative lawdiscourtesycourt employeespublic serviceethical conductcivil service

Discourtesy in Public Service: Court Employee Reprimanded for Sarcastic Remarks

Supreme Court reprimands court employee for discourtesy, reminding all public servants to remain courteous even when faced with rude behavior.

Jun 29, 2004labor-lawconstructive-dismissalillegal-dismissalabandonmentdemotionphilippine-labor-law

Constructive Dismissal When Job Changes Lead to Illegal Termination

Learn how a demotion in rank and pay cut can amount to constructive dismissal, even when an employer claims abandonment.

Jun 29, 2004criminal-lawcircumstantial-evidenceflightsandiganbayananti-graftsupreme-court

Guilt by Association: Circumstantial Evidence and Flight in Philippine Criminal Law

Philippine Supreme Court ruling on how circumstantial evidence and flight can establish criminal liability, explained in plain language.

Jun 29, 2004murderconspiracysuperior-strengthcircumstantial-evidencerevised-penal-codecriminal-law

Conspiracy and Superior Strength: When Group Attacks Become Murder Under Philippine Law

How the Supreme Court defined conspiracy and abuse of superior strength in a group killing, convicting an accused of murder on circumstantial evidence.

Jun 29, 2004labor-lawillegal-dismissalloss-of-trustgross-negligencebank-employeestermination

Breach of Trust: When Negligence Justifies Employee Dismissal in the Philippines

When does an employee's negligence justify dismissal for loss of trust and confidence? The Supreme Court explains in this Philippine labor case.

Jun 29, 2004criminal-lawstatutory-rapemoral-ascendancyrapesupreme-courtphilippines

When Moral Ascendancy Substitutes for Force in Statutory Rape Cases

The Supreme Court explains how a father figure's moral ascendancy can substitute for force and intimidation in rape convictions.

Jun 29, 2004rapecriminal lawvictim credibilitymentally disabled victimrevised penal codesupreme court

Incestuous Rape: Credibility of a Victim's Testimony in Cases of Parental Abuse

When a mentally disabled minor is raped, her testimony can convict. The Supreme Court explains why in People v. Mabonga.

Jun 29, 2004real-property-taxtax-assessmentgarnishmentlocal-government-taxationsupreme-court

When Tax Assessments Become Final: Lessons from MERALCO's Garnishment Case

MERALCO's failed challenge to Muntinlupa's deficiency real property tax assessments shows why taxpayers must act promptly on tax notices.

Jun 29, 2004labor-lawprobationary-employmentregularizationillegal-dismissalbackwagessupreme-court

Probationary Period vs Regular Employment: What Happens When Probation Expires

When a probationary employee completes six months, regularization follows automatically. Mitsubishi Motors v. CPLU explains the rules.

Jun 29, 2004bailmoot and academiccriminal procedureacquittalcontempt of courtrule 45

When a Criminal Case Is Acquitted, the Bail Issue Becomes Moot: Lessons from Poblete v. Court of Appeals

The Supreme Court explains why an acquittal renders a pending bail dispute moot and academic, with practical lessons for litigants and counsel.

Jun 29, 2004breach of contractpreliminary attachmentcivil lawobligationsconstruction law

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.