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显示第 19321–19344 篇,共 24,860 篇文章

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Aug 1, 2002civil procedurejurisdictionspecific performancebreach of contractrtc jurisdictionbp 129

Defining Jurisdiction When Specific Performance Claims Outweigh Monetary Demands In Contract Disputes

Philippine Supreme Court clarifies RTC jurisdiction over breach of contract cases where specific performance is the main action, not the monetary claim.

Aug 1, 2002insurance lawprescriptioninsurance claimssupreme courtpolicyholder rights

Prescription in Insurance Claims: When Does the Clock Really Start Ticking

Philippine Supreme Court ruling clarifies when the prescriptive period for insurance claims begins, protecting policyholders from delayed denial.

Aug 1, 2002criminal lawhomicideaccidental shootingpolice officersexempting circumstancerevised penal code

Accidental Shooting Police Officers Duty AND Criminal Liability IN THE Philippines

When a police officer's gun discharges during an arrest, is it an accident or a crime? The Supreme Court explains the rules on accidental shooting and criminal liability.

Aug 1, 2002administrative-law

Judicial Integrity Clerks OF Court Held TO Strict Standards OF Honesty AND Uprightness

Aug 1, 2002criminal-lawrapeincestrecantationevidencesupreme-court

Rape Conviction Upheld: The Unreliability of Recantations in Rape Cases

Philippine Supreme Court affirms death penalty for incestuous rape, explaining why delayed reporting and retractions do not destroy a victim's credible testimony.

Jul 31, 2002administrative lawjudicial conductcode of judicial conductpublic servicemisconductjudges

Upholding Integrity: Dishonesty and Misconduct in Public Service

A judge's side business as a real estate broker leads to administrative liability, reaffirming that judicial integrity must be beyond reproach.

Jul 31, 2002administrative lawcode of judicial conductjudge misconductreal estate brokersupreme court

Judge Fined for Acting as Real Estate Broker in Sale Within His Jurisdiction

A Philippine judge was fined for acting as a real estate broker in a sale within his jurisdiction, violating judicial conduct rules.

Jul 31, 2002sheriffswrit of executionthird-party claimcorporate personalitycivil procedure

Sheriff’s Duty vs. Corporate Identity: When Levy on a Third Party’s Property Is Allowed

A sheriff’s duty is ministerial, but good faith can excuse an erroneous levy. Learn the rule on third-party claims.

Jul 31, 2002election-lawcitizenshipresidencycertificate-of-candidacycomeleclocal-government-code

Citizenship and Residency: Defining Electoral Eligibility in the Philippines

The Supreme Court clarifies how citizenship and residency requirements apply to candidates for local elective office in the Philippines.

Jul 31, 2002judicial ethicsconflict of interestsheriffcode of judicial conductadministrative casemoonlighting

Judicial Ethics When Personal Business Deals Conflict With Impartiality

A sheriff's side business as attorney-in-fact created a conflict of interest. The Court fined him for conduct unbecoming.

Jul 30, 2002election lawvoter inclusionjudicial misconductomnibus election codedue processadministrative case

Electoral Justice Imperiled When Judges Overstep In Voter Inclusion Cases

When a judge grants voter inclusion petitions without hearing, the integrity of elections and judiciary suffers. A Supreme Court ruling explains why.

Jul 30, 2002criminal lawcustodial investigationright to counselpresumption of innocencecircumstantial evidenceconfessions

Confessions and Constitutional Rights: Safeguarding Justice in Custodial Investigations

The Supreme Court acquits an accused in a rape-homicide case, ruling that confessions obtained without counsel and circumstantial evidence are insufficient for conviction.

Jul 30, 2002agricultural tenancyagrarian reformleaseholdsecurity of tenureland disputeproperty law

Defining Agricultural Tenancy: Personal Cultivation and Harvest Sharing in Land Disputes

The Supreme Court clarifies when a civil lease becomes agricultural tenancy, requiring personal cultivation and harvest sharing.

Jul 30, 2002criminal-lawrapetheftrobberyrevised-penal-codesupreme-court

When Rape Precedes Robbery: Distinguishing Theft from Robbery with Rape

The Supreme Court clarifies when taking property after rape constitutes theft, not robbery with rape, in People v. Tamayo.

Jul 30, 2002legal-ethicsjudicial-dutyrapecriminal-proceduresupreme-courtphilippine-law

Timeliness Matters: A Judge's Duty to Promptly Resolve Cases Under Philippine Law

The Supreme Court affirms a rape conviction while reminding judges of their duty to decide cases promptly, exploring the importance of timely justice.

Jul 30, 2002labor-lawprobationary-employmentillegal-dismissalabandonmentlabor-codearticle-281

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Jul 30, 2002criminal lawflightevidencewitness credibilityhomicideconspiracy

Fleeing Justice: How Absence Can Imply Guilt in Philippine Law

The Supreme Court explains when flight from arrest signals guilt, and why absence alone cannot prove conspiracy or treachery.

Jul 29, 2002maritime-lawseafarerslabor-codeemployment-statuspoeacontractual-employment

Seafarers' Employment Status: Contractual, Not Regular, Under Philippine Law

Philippine Supreme Court clarifies that seafarers are contractual employees, not regular employees under Article 280 of the Labor Code.

Jul 29, 2002preemptive rightsright of first refusalcorporation lawphilippine corporationscorporate lawshare transfer restrictions

Preemptive Rights in Philippine Corporations: Making Your Right of First Refusal Valid

Learn how Philippine law treats preemptive rights and right of first refusal in corporations, and how to make these rights valid and enforceable.

Jul 29, 2002seafarerslabor lawoverseas employmentarticle 280poeacontractual employment

Seafarers Are Contractual Employees: The Millares Ruling on Fixed-Term Overseas Work

The Supreme Court clarifies that Filipino seafarers are contractual, not regular, employees under Philippine law, and explains the limits of Article 280.

Jul 29, 2002constitutional-lawfree-speechcontempt-of-courtjudicial-independencesupreme-court

Limits to Free Speech: Protecting Judicial Independence From Public Pressure

The Supreme Court held that statements pressuring justices to rule a certain way are not protected free speech but indirect contempt of court.

Jul 26, 2002criminal lawbuy-bustdrug casesreasonable doubtevidence

The Perils of Buy-Busts: Establishing Guilt Beyond Reasonable Doubt in Drug Cases

An analysis of Morales v. People on the strict evidentiary standard for buy-bust operations in Philippine drug prosecutions.

Jul 25, 2002criminal-lawrapereasonable-doubtpresumption-of-innocencetestimony-credibilitysupreme-court

Reasonable Doubt Prevails: Acquittal in Rape Case Due to Inconsistent Testimony

When a rape complainant's testimony is inconsistent and coached, the prosecution fails moral certainty, and acquittal follows.

Jul 23, 2002criminal lawrapeincestsupreme courtevidencedeath penalty

Standing Firm Against Abuse: The Supreme Court's Stance on Rape and Incest

A father's rape of his 9-year-old daughter tests the limits of Philippine law on evidence, procedure, and the death penalty.