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显示第 19273–19296 篇,共 24,860 篇文章

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Aug 15, 2002labor-lawcontrol-testindependent-contractorillegal-dismissalemployer-employeesecurity-of-tenure

Employee vs Independent Contractor: How the Control Test Decides Labor Disputes

Philippine Supreme Court clarifies the control test in distinguishing employees from independent contractors, using a movie theater painter's illegal dismissal case.

Aug 15, 2002criminal lawalibieyewitness testimonymurdertreachery

Eyewitness Testimony vs Alibi: Lessons from People v. Mejares

In People v. Mejares, the Supreme Court affirmed a murder conviction, showing why positive eyewitness identification defeats alibi and denial in Philippine criminal law.

Aug 14, 2002criminal-lawmurderhomicideeyewitness-credibilityalibirevised-penal-code

Positive Identification Over Alibi: When Eyewitness Credibility Decides a Murder Case

A lone eyewitness's positive identification can outweigh alibi and denial, but qualifying circumstances must still be proven.

Aug 14, 2002treacherymurderevident premeditationrevised penal codecriminal lawsupreme court

Treachery in Criminal Law: Ensuring Justice for Victims of Unexpected Attacks

How the Supreme Court defined treachery in a Christmas Day killing, and why evident premeditation needs more than mere threats.

Aug 14, 2002rapeincestcriminal-lawaggravating-circumstancesupreme-courtphilippines

Rape and Incest: Consanguinity as an Aggravating Factor in Philippine Sexual Abuse Cases

Philippine Supreme Court ruling on incestuous rape, where a father's conviction was upheld but death penalty reduced to reclusion perpetua.

Aug 14, 2002sheriffswrit of executionadministrative liabilityrules of courtcivil procedure

Sheriffs Must Execute Writs Promptly: Limits on Discretion and Dialogue

When a writ of execution is placed in a sheriff's hands, the duty to enforce it is ministerial. Delays and unauthorized "dialogues" can result in administrative liability.

Aug 14, 2002criminal-lawkidnappingminorsrevised-penal-codearticle-270custody

Custodial Responsibility Deliberate Failure to Return a Minor and the Boundaries of Trust

The Supreme Court clarifies when a custodian's failure to return a minor becomes a crime under Article 270 of the Revised Penal Code.

Aug 13, 2002torrens-titleprescriptionlachescivil-lawproperty-registrationco-ownership

Prescription and Laches Do Not Bar Registered Owners' Rights Under Torrens Title

Philippine Supreme Court ruling explains why prescription and laches cannot defeat a registered owner's rights under the Torrens system.

Aug 13, 2002sheriffsevictionwrit of executionunlawful detainerdamages

Sheriffs Duty to Give Reasonable Notice Before Eviction: The Manuel Case

When can a sheriff be liable for damages in an ejectment case? The Supreme Court explains the duty to give reasonable notice before enforcing a writ of execution.

Aug 12, 2002criminal lawself-defensewitness credibilityphysical evidencesupreme courtmurder

Victim Testimony in Philippine Criminal Cases: Why Credibility and Physical Evidence Decide Guilt

Philippine courts weigh witness credibility and physical evidence heavily. Learn how the Supreme Court affirmed convictions based on these factors.

Aug 9, 2002certiorarirule 45rule 65appealproceduresupreme court

Certiorari Denied: Why the Wrong Appeal Mode Kills Your Case

Learn why the Supreme Court dismissed a petition for certiorari as a wrong remedy, and how choosing the right appeal mode matters.

Aug 8, 2002labor lawcertification electionlabor unionlegal personalityregistrationlabor code

Union Registration and Legal Personality in Certification Election Cases

A union must strictly comply with registration requirements to gain legal personality for certification elections. The Supreme Court explains the rules.

Aug 8, 2002criminal-lawevidenceeyewitness-testimonyalibimurderpositive-identification

The Weight of Eyewitness Testimony: Positive Identification vs. Alibi in Murder Cases

How the Supreme Court weighed eyewitness identification against alibi and duress claims in a murder case, affirming convictions.

Aug 8, 2002preventive suspensionadministrative lawcivil serviceemployee rightslabor lawsupreme court

Preventive Suspension Limits and Employee Rights in Philippine Administrative Law

When can a 90-day preventive suspension be extended? The Supreme Court clarifies employee rights and the limits of disciplinary authority.

Aug 8, 2002novationtrust receiptscriminal lawdebt restructuringestafapd 115

Novation and Trust Receipts: When a Debt Restructuring Agreement Extinguishes Criminal Liability

Learn when a debt restructuring agreement novates trust receipt obligations and extinguishes criminal liability under Philippine law.

Aug 8, 2002labor lawcertification electionunion registrationlegal personalitysupervisory employeeslabor code

Union Registration Mixed Composition Bars Legal Standing In Labor Disputes

A union with mixed supervisory and rank-and-file members lacks legal personality to file petitions in labor disputes.

Aug 8, 2002compromise agreementshare valuationcorporate lawsecurities regulationjudicial approvalfinality

Finality of Compromise Agreements: Binding Share Valuation in Corporate Disputes

Philippine Supreme Court ruling on compromise agreements, finality of appraisals, and binding share valuation in corporate disputes.

Aug 8, 2002criminal-lawrapeincestmoral-ascendancycriminal-proceduresupreme-court

Incestuous Rape: Moral Ascendancy as Intimidation and General Dates in Informations

Philippine Supreme Court ruling on incestuous rape clarifies moral ascendancy as intimidation and the validity of general dates in criminal informations.

Aug 8, 2002philippine-law

Premeditation AND Treachery Defining Murder AND Alibi Defense IN Philippine LAW

Aug 7, 2002criminal-lawcircumstantial-evidencerape-with-homicideevidencesupreme-court

Circumstantial Evidence Sufficiency Convicting Accused IN Rape With Homicide Cases

When can circumstantial evidence convict in rape with homicide? The Supreme Court explains the rules in People v. Gannaban.

Aug 7, 2002administrative lawpolice disciplinedue processcivil servicenapolcomsummary dismissal

When Police Officers Face Summary Dismissal: Due Process and the Limits of Extraordinary Remedies

A police officer's summary dismissal for extortion upheld despite dismissal of criminal case; certiorari and mandamus cannot substitute for appeal.

Aug 7, 2002statutory rapecriminal procedurequalifying circumstancesrevised penal codedeath penaltyinformation

Statutory Rape: Why Pleading Qualifying Circumstances in the Information Matters

A Supreme Court ruling shows why prosecutors must allege both the victim's minority and relationship to the accused to justify the death penalty.

Aug 7, 2002criminal-lawbuy-bustreasonable-doubtdrug-casesacquittalevidence

Challenging Buy Bust Operations When Reasonable Doubt Leads to Acquittal in Drug Cases

Learn how reasonable doubt can overturn a buy-bust conviction, with key lessons from People v. Surio on witness credibility and evidence.

Aug 7, 2002administrative-lawclerk-of-courtjudiciary-development-fundfiduciary-fundpublic-accountabilityadministrative-circular

Delayed Remittances Upholding Honesty AND Integrity IN Public Office

A clerk of court was fined for delayed remittances of judiciary funds, underscoring the high standard of honesty and integrity in public office.