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显示第 18481–18504 篇,共 24,859 篇文章

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Jul 1, 2003labor lawillegal dismissaljust causeterminationemployee rightsnlrc

Upholding Employee Rights: Proving Just Cause for Termination in the Philippines

Philippine Supreme Court ruling on employer's burden of proof in dismissal cases, explaining just cause requirements and employee rights.

Jul 1, 2003legal ethicsprofessional responsibilitycode of professional responsibilitylawyer disciplinecivil procedure

Professional Courtesy Among Lawyers: The Imperative of Civility and Ethical Conduct

A lawyer's suspension for impleading opposing counsel and a prosecutor in a civil case illustrates the ethical duty of professional courtesy.

Jul 1, 2003civil procedurejurisdictionreal propertyassessed valuebp 129ra 7691

Jurisdictional Thresholds for Property Disputes: When Assessed Value Determines the Proper Court

Philippine Supreme Court clarifies when property disputes fall under MTC jurisdiction based on assessed value, not the action's caption.

Jul 1, 2003search warrantillegal possessiondangerous drugswarrantless searchcriminal law

Valid Search Warrants Despite Name Discrepancies and Scope Limits in Drug Cases

Philippine Supreme Court clarifies when name errors in search warrants are valid and when warrantless car searches are illegal.

Jul 1, 2003unexplained wealthadministrative lawdue processanti-graftra 3019public officers

Unexplained Wealth and Due Process: Montemayor and Public Service Integrity

A look at Montemayor v. Bundalian, where the Supreme Court upheld a public official's dismissal for unexplained wealth and clarified due process in administrative cases.

Jul 1, 2003legal ethicscode of professional responsibilitylawyer disciplinesuspensionbp 22gross misconduct

Dishonored Obligations When A Lawyers Debt Becomes A Disciplinary Matter

When a lawyer's unpaid debt and worthless checks become grounds for suspension—a look at Lao v. Medel.

Jun 30, 2003gross immoralityjudicial disciplinecode of professional responsibilityadministrative casesupreme court

Supreme Court Dismisses Judge for Gross Immorality in Extramarital Affair Case

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and child, while suspending him from law practice for three years.

Jun 27, 2003easementprescriptionright-of-waycivil-lawnational-power-corporationproperty-law

Easement by Prescription: Why Permissive Use Never Ripens Into a Right-of-Way

Philippine Supreme Court ruling on why tolerated use of land cannot create an easement by prescription, and when prescriptive periods for compensation begin.

Jun 27, 2003rapecriminal lawvictim testimonycredibilityrevised penal code

Rape Conviction Affirmed Minor Inconsistencies DO NOT Negate A Victims Testimony

Supreme Court affirms rape conviction, ruling minor inconsistencies in a victim's testimony do not destroy credibility. Learn the key rules.

Jun 27, 2003finality of judgmentimmutability of judgmentsclarification of court orderscivil procedurephilippine veterans bank

Finality of Judgment: Clarification vs. Modification of Court Orders

Philippine Supreme Court ruling on when a final judgment may be clarified without violating the doctrine of immutability of judgments.

Jun 26, 2003judicial accountabilityadministrative lawgross ignorance of the lawjudge disciplinepreliminary injunctionphilippine supreme court

When Can a Judge Be Disciplined for an Erroneous Ruling? Lessons from De Guzman v. Pamintuan

The Supreme Court clarifies that judges are not automatically disciplined for every erroneous ruling—only for errors tainted by bad faith, fraud, malice, or dishonesty.

Jun 26, 2003criminal-lawrobbery-with-homicidereclusion-perpetuasupreme-courtevidencerevised-penal-code

Bus Holdups and Homicide: Affirming Guilt but Reducing Penalty Due to Procedural Rules

Philippine Supreme Court affirms robbery with homicide conviction but reduces penalty to reclusion perpetua, acquitting co-accused for lack of proof.

Jun 26, 2003administrative-lawjudicial-ethicspreliminary-injunctiongross-ignorance-of-lawdue-process

Judge Not Liable for Denying Motion to Dissolve Writ: Administrative Case Dismissed

Supreme Court clarifies when judges may face administrative liability for erroneous orders, dismissing complaint against Baguio RTC judge.

Jun 26, 2003civil-lawpropertynew-trialtorrens-titlepossessionrules-of-court

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Jun 26, 2003criminal-lawrobbery-with-homicidereasonable-doubtduressidentificationrevised-penal-code

Robbery with Homicide: When Identification Fails and When Duress Defense Falls Short

The Supreme Court acquits one accused for weak identification but convicts another, clarifying proof beyond reasonable doubt and duress.

Jun 26, 2003criminal-law

Burden OF Proof Establishing Identity AND Intent IN Robbery With Homicide Cases

Jun 26, 2003judicial accountabilityadministrative lawgross ignorance of the lawwrit of executionsupreme court

Judicial Accountability: Dismissal for Disobeying Court Orders and Gross Ignorance of the Law

A judge's refusal to issue a writ of execution leads to dismissal for gross ignorance of the law and defiance of superior court orders.

Jun 26, 2003sheriffsadministrative lawwrit executionmisconductrules of courtjudicial ethics

Sheriff's Misconduct in Writ Execution: A Lesson in Judicial Integrity

Philippine Supreme Court dismisses sheriff for settling cases and pocketing funds during writ execution, reaffirming strict standards for court officers.

Jun 26, 2003criminal-law

Doubt IN Identity When A Mask Obscures Justice IN Criminal Cases

Jun 26, 2003sovereign immunityforeign statediplomatic immunitywaivercontractinternational law

Sovereign Immunity Contracts With Foreign States AND Waiver OF Immunity

Explaining the Supreme Court's ruling in Republic of Indonesia v. Vinzon on foreign sovereign immunity, waiver clauses, and embassy maintenance contracts.

Jun 25, 2003civil-law

Contractual Obligations Priority OF Payment AND THE Limits OF Assignment

Jun 25, 2003common-carrierbill-of-ladinglimited-liabilityinsurance-subrogationcivil-codecargo-loss

Bill of Lading Value Limits Carrier Liability for Lost Cargo

Philippine Supreme Court ruling on how bill of lading value declarations cap a common carrier's liability for lost goods, even when insurance paid more.

Jun 25, 2003notarial practiceproperty lawlegal ethicsspecial power of attorneysupreme court

Notarial Diligence: The Duty to Verify Identity in Property Transactions

A notary public must verify the identity of parties to property documents. Learn the lesson from a lawyer suspended for failing this duty.

Jun 25, 2003election-lawparty-listcommission-on-electionsproportional-representationra-7941supreme-court

Party List Representation: Qualified Parties and Proportional Seat Allocation

Explains the Supreme Court's ruling on party-list qualification, the 2% threshold, and proportional allocation of seats under RA 7941.