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显示第 18265–18288 篇,共 24,859 篇文章

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Sep 18, 2003dishonestyfalsificationadministrative casecivil servicejudiciarypublic service

Honesty Required: Falsifying Personal Data Sheets Leads to Dismissal in the Judiciary

Court employee dismissed for lying about a pending criminal case in his personal data sheets. Learn the rule on honesty in public service.

Sep 18, 2003criminal-lawrapewitness-credibilityalibi-defenseevidencesupreme-court

Witness Credibility and Alibi Defense: How the Supreme Court Affirmed a Rape Conviction

The Supreme Court affirms a qualified rape conviction, explaining why a child victim's credible testimony outweighs the defense of denial and alibi.

Sep 17, 2003criminal lawmurdereyewitness testimonyalibitreacheryevidence

Eyewitness Testimony vs. Alibi in Philippine Criminal Law: People v. Buenavidez

The Supreme Court explains when eyewitness testimony prevails over alibi, and how treachery is proven in murder cases.

Sep 17, 2003labor-lawsubstantial-complianceprocedural-rulesvoluntary-arbitrationsupreme-court

Substantial Compliance in Labor Disputes: Upholding Merits Over Technicalities

Philippine Supreme Court rules that substantial compliance with procedural rules, not technicalities, should govern labor dispute resolutions.

Sep 17, 2003judicial misconductgross inefficiencyadministrative lawretirement benefitscode of judicial conduct

Judicial Misconduct: Court Fines Retired Judge for Gross Inefficiency

Supreme Court holds retired judges accountable for gross inefficiency, imposing fines deductible from retirement benefits.

Sep 16, 2003labor-lawretrenchmentillegal-dismissalbusiness-lossesseparation-paysupreme-court

Retrenchment During Financial Strain: Employers' Right to Minimize Losses

Philippine Supreme Court clarifies when employers may validly retrench workers during business losses, including evidence rules on appeal.

Sep 16, 2003self-defensecriminal lawjustifiable homicideburden of proofrevised penal codesupreme court

Self-Defense in the Philippines: Justifiable Homicide and the Burden of Proof

Explore the requisites of self-defense in Philippine criminal law and how the burden of proof shifts to the accused, as illustrated in a landmark Supreme Court acquittal.

Sep 15, 2003cyber-libelprescriptionres-judicatasupreme-courtcriminal-lawphilippines

Res Judicata and One-Year Prescription: Supreme Court Settles Cyber Libel Rules

Supreme Court clarifies cyber libel prescribes in one year and that unsigned resolutions bind only parties, not the public.

Sep 15, 2003legal ethicsgross immoralityjudicial disciplinecode of professional responsibilityadministrative casesupreme court

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

Supreme Court dismisses a judge and suspends him from law practice for gross immorality over an extramarital affair and child born outside marriage.

Sep 12, 2003contract-lawreal-estate-salerescissionreciprocal-obligationscivil-codesupreme-court

Perfecting Real Estate Sales: Vendee's Rights and Vendor's Obligations

Philippine Supreme Court clarifies when a buyer must pay the balance in a real estate sale and when a vendor can rescind.

Sep 12, 2003exclusionary ruleunreasonable searchsearch warrantdrug evidencecriminal lawconstitutional rights

Exclusionary Rule Bars Illegal Drug Evidence From Unreasonable Search

Supreme Court acquits drug suspect after police violated search rules, applying the exclusionary rule to suppress seized shabu evidence.

Sep 11, 2003summary judgmentcivil procedureexecutionrules of courtjudicial admission

Partial Summary Judgment and Execution: When a Court Can Act Immediately

Learn when Philippine courts may issue partial summary judgment and execute it immediately, based on Monterey Foods v. Eserjose.

Sep 11, 2003forum shoppingcivil procedureabuse of judicial processessupreme courtlegal ethics

Double Jeopardy? No—Forum Shopping and Abuse of Judicial Processes

When a party files suits in different courts for the same relief, it commits forum shopping—an abuse of judicial processes with serious consequences.

Sep 11, 2003estafacriminal-lawrevised-penal-codechecksfalse-pretensessupreme-court

Checks and Deceit: Establishing Estafa Beyond Issuance

Supreme Court clarifies that estafa through false pretenses can arise from deceitful assurances about checks, not just issuing them.

Sep 11, 2003banking lawfiduciary dutynegligenceunauthorized withdrawalcivil lawsavings account

Bank Liability for Unauthorized Withdrawals: Fiduciary Duty and Negligence

When a bank's negligence allows an impostor to withdraw funds, the bank may be liable. This case explains the rules on fiduciary duty and contributory negligence.

Sep 11, 2003judicial ethicsadministrative lawcivil servicecourt employeesdiscipline

Maintaining Judicial Integrity: Upholding Ethical Conduct in the Philippine Judiciary

Court employees must uphold propriety and decorum. Leaving work during office hours and reporting drunk warrants administrative discipline.

Sep 11, 2003criminal lawrapecriminal informationsufficiency of allegationsphilippine jurisprudence

Rape Conviction and the Importance of Specific Allegations in Criminal Informations

A rape conviction is void where the information fails to allege every element of the crime, as the Supreme Court held in People v. Espera, G.R. No. 153845.

Sep 11, 2003voluntary inhibitionjudicial discretionjudicial ethicsrule 137impartialityadministrative complaint

Judicial Discretion in Voluntary Inhibition and Maintaining Impartiality in Philippine Courts

Philippine Supreme Court clarifies when judges may voluntarily inhibit from cases and why doing so protects judicial impartiality and public trust.

Sep 10, 2003ejectmentunlawful detainerforcible entrypublic landdouble saleproperty law

Ejectment, Land Ownership, and Corporate Rights to Public Land: Key Lessons from Ten Forty Realty v. Cruz

A Supreme Court ruling clarifies ejectment actions, double sales, and why corporations cannot own public land in the Philippines.

Sep 10, 2003self-defensehomicidemurdertreacheryunlawful aggressionrevised penal code

Self-Defense and Homicide: The Boundaries of Justifiable Force in the Philippines

The Supreme Court clarifies when self-defense fails and why a killing without treachery is homicide, not murder.

Sep 10, 2003criminal-law

Dwelling AS AN Aggravating Circumstance Retroactive Application AND THE Right TO BE Informed

Sep 10, 2003administrative lawjudicial efficiencyundue delaycode of judicial conductrule 140supreme court

Judges Fined for Undue Delay in Resolving Motions: A Lesson in Judicial Efficiency

The Supreme Court fined a judge P11,000 for failing to resolve a motion within the 90-day reglementary period, underscoring the duty of judges to act promptly.

Sep 8, 2003labor-lawwage-ordernwpcexemptiondistressed-establishmentsminimum-wage

Wage Order Exemptions Limited to One Year Under NWPC Guidelines

Philippine Supreme Court rules wage order exemptions for distressed firms are non-extendable beyond one year under NWPC guidelines.

Sep 8, 2003ejectmentmunicipal trial courtjurisdictionownership disputecivil procedure

Ejectment Suits and Ownership Disputes: MTC Jurisdiction Clarified

A look at how Philippine courts distinguish between ejectment cases and ownership disputes, and why the MTC's jurisdiction depends on the nature of the action.