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显示第 18841–18864 篇,共 24,859 篇文章

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Feb 11, 2003due processland disputesrelocation surveyproperty rightscivil lawsupreme court

Due Process in Land Disputes: Why Fair Resurveys Matter for Property Owners

The Supreme Court reminds courts that relocation surveys in land disputes must respect due process—both parties need notice and representation.

Feb 10, 2003ombudsmangrave abuse of discretionprobable causepcggpreliminary investigationanti-graft

Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases

The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.

Feb 10, 2003illegal dismissaloptional retirementlabor lawretirement payjurisdictionsecurity of tenure

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.

Feb 7, 2003criminal procedureappealwithdrawal of appealsupreme courtraperules of court

Withdrawing a Criminal Appeal: When the Supreme Court May Allow It

The Supreme Court explains when a convicted person may withdraw an appeal, and why it granted withdrawal in a rape case despite the prosecution's opposition.

Feb 7, 2003criminal-law

Dishonesty IN Public Service A Test OF Integrity AND Accountability

Feb 7, 2003co-ownershipproperty lawcivil codeunauthorized salepartition

Co-Ownership and Unauthorized Sales: Property Rights Under Article 493

A co-owner may sell only their own share. Learn how the Supreme Court protected heirs' rights in Coronel v. Constantino.

Feb 7, 2003self-defensemurderhomicidecriminal lawtreacheryaggravating circumstances

Self-Defense vs. Unlawful Aggression: When Homicide Is Not Murder in Philippine Law

The Supreme Court clarifies when a killing is homicide, not murder, and why a weak self-defense claim fails in this Philippine case.

Feb 6, 2003civil-law

Attorney Negligence Breach OF Duty AND Suspension From LAW Practice

Feb 6, 2003corporate rehabilitationstockholder approvalinterim rulescorporation codeextraordinary corporate actions

Corporate Rehabilitation Stockholder Approval: When a Majority Vote Suffices

Philippine Supreme Court clarifies when corporate rehabilitation petitions need only majority stockholder approval, not two-thirds vote.

Feb 6, 2003administrative lawexecutive powerreorganizationphilippine sports commissiondecssecurity of tenure

Executive Power vs Legislative Domain: Defining Reorganization Authority in Philippine Sports Governance

A 2003 Supreme Court ruling on EO 81 clarifies the President's power to reorganize the Executive Branch and transfer agency functions.

Feb 5, 2003criminal-law

Sufficiency OF Complaints Before THE Ombudsman Protecting Public Interest AND Ensuring DUE Process

Feb 5, 2003negligenceadministrative casepublic officialsloan fraudcivil service

Negligence in Guaranteeing Loans: A Public Official's Duty of Care

Court employee suspended for negligently guaranteeing loans for an impostor. Learn the duty of care for public officials.

Feb 5, 2003administrative lawjudicial efficiencygross inefficiencycode of judicial conductsupreme court

Judicial Efficiency: The Price of Delay in Delivering Justice

A judge's seven-month delay in deciding a case leads to a fine for gross inefficiency, underscoring that justice delayed is justice denied.

Feb 5, 2003criminal lawrapedeath penaltychild victimra 7659supreme court

Protecting the Vulnerable: Upholding the Death Penalty for Rape of a Child Under Seven

The Supreme Court affirms the death penalty for the rape of a six-year-old child, clarifying rules on child testimony and proof of age.

Feb 4, 2003incestuous rapecriminal lawreasonable doubtrapeacts of lasciviousnesssupreme court

Incestuous Rape: Proving Each Count Beyond Reasonable Doubt

The Supreme Court clarifies that in incestuous rape cases, each separate charge must be proven beyond reasonable doubt, not just the overall pattern of abuse.

Feb 4, 2003judicial conductdisbarmentnotarial practiceadministrative casecode of professional responsibility

Judicial Conduct: Withdrawing a Complaint Does Not Bar Investigation of Erring Court Personnel

Learn how the Supreme Court ruled that withdrawing a complaint does not stop disciplinary action against erring court personnel or lawyers.

Feb 4, 2003legal-ethicsnotarial-practiceprofessional-responsibilitysupreme-courtadministrative-case

Judicial Ethics: The Boundaries of Simple Misconduct for Judges in Philippine Law

A lawyer's unauthorized notarization and certification of documents leads to suspension, clarifying the limits of professional conduct.

Feb 4, 2003notarial practicelegal ethicsgross misconductadministrative lawlawyer disciplinecertified true copies

Certifying Authenticity Attorneys Responsibility AND THE Limits OF Notarial Power

A lawyer who certifies true copies of documents notarized by another commits gross misconduct, the Supreme Court rules.

Feb 4, 2003criminal-lawwarrantless-arrestillegal-drugssearch-and-seizureconstitutional-rightsevidence

Unlawful Arrests and Illegal Drug Evidence: Safeguarding Constitutional Rights

When police act on tips without warrants, arrests and drug evidence may be invalid. Learn from a Supreme Court ruling.

Feb 3, 2003civil-law

Attorney Client Relationship Verbal Agreements AND Ethical Obligations IN Legal Practice

Feb 3, 2003criminal laweyewitness identificationevidencemistaken identitycriminal procedurejurisprudence

Eyewitness Identification Under Scrutiny: Safeguarding Against Mistaken Identity in Criminal Cases

Philippine courts examine eyewitness identification procedures to prevent wrongful convictions from mistaken identity in criminal prosecutions.

Feb 3, 2003election lawpre-proclamation controversyballot box securityomnibus election codephilippine supreme court

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Feb 3, 2003summary proceduredue processspeedy trialphilippine courtsprocedural lawsupreme court

Upholding Due Process: Strict Adherence to Summary Procedure Timelines in Philippine Courts

Philippine courts must strictly follow summary procedure timelines. Learn how the Supreme Court enforces these deadlines to ensure speedy justice.

Feb 3, 2003criminal procedureeyewitness identificationreasonable doubtpresumption of innocenceevidence

Eyewitness Identification and Proof Beyond Reasonable Doubt: People v. Limpangog

The Supreme Court acquits an accused where eyewitness identification is unreliable, reaffirming that the prosecution must prove identity beyond reasonable doubt.