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显示第 20281–20304 篇,共 24,861 篇文章

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Aug 21, 2001administrative lawcivil serviceneglect of dutypublic officersdisciplinary cases

Simple Neglect of Duty: How Philippine Courts Distinguish Administrative Offenses

Philippine Retirement Authority v. Rupa clarifies when a public officer's delay is simple neglect, not conduct prejudicial to the service.

Aug 21, 2001criminal-lawcircumstantial-evidencerape-with-homicidereasonable-doubtsupreme-courtphilippines

Circumstantial Evidence and Conviction: When Proof Falls Short of Rape With Homicide

Philippine Supreme Court ruling on when circumstantial evidence suffices for homicide but not rape with homicide conviction.

Aug 20, 2001double jeopardycriminal procedureacquittalgross ignorance of the lawjudicial ethicsfinality of judgment

Double Jeopardy and the Immutability of Acquittal in Philippine Law

A judge who "revised" an acquittal into a murder conviction was fined for gross ignorance of the law. Learn why acquittals are final.

Aug 20, 2001civil procedurevenuecorporationresidencedamagesrules of court

Corporate Residence vs Actual Place of Business: Determining Proper Venue in Damage Suits

Philippine Supreme Court clarifies that a corporation's residence for venue purposes is its principal office stated in the articles of incorporation, not its actual place of business.

Aug 20, 2001administrative-lawexhaustion-of-administrative-remediescivil-servicemandamussupreme-court

When Immediate Court Action Is Allowed: Exhaustion of Administrative Remedies Explained

The Supreme Court explains when the exhaustion of administrative remedies rule may be set aside, using a teacher's dismissal case as an example.

Aug 20, 2001bailcriminal procedurerule 114judicial misconductadministrative casephilippine supreme court

Cancellation of Bail: Absence of Counsel Is Not a Ground for Detention

Philippine Supreme Court rules that a judge cannot cancel bail or order detention solely because the accused's counsel failed to appear at a hearing.

Aug 20, 2001treacherymurderhomicidecriminal lawrevised penal codesupreme court

Treachery Unproven: Downgrading Murder to Homicide in Philippine Law

When treachery is not proven beyond reasonable doubt, a murder conviction is reduced to homicide. This case explains the rule.

Aug 20, 2001civil procedurevenuecorporation lawestoppelphilippine jurisprudence

Davao Light v. Tesorero: Venue, Estoppel, and a Corporation's Residence in Philippine Civil Cases

The Supreme Court ruled that a corporation's residence for venue is fixed by its articles of incorporation, not by addresses in contracts or pleadings in other cases.

Aug 20, 2001conclusiveness of judgmentcollateral estoppelpreclusion of issuescivil procedureres judicata

Conclusiveness of Judgment: When Prior Rulings Bind Future Cases

Learn how the doctrine of conclusiveness of judgment prevents relitigation of settled issues between the same parties, even in different cases.

Aug 20, 2001jurisdictionestafaintra-corporate disputesecurities regulationcriminal procedurephilippine law

Beyond Labels: How Factual Allegations Define Criminal Charges in Philippine Courts

Philippine courts look past the label of a complaint to its factual allegations to determine jurisdiction, as Fabia v. Court of Appeals shows.

Aug 16, 2001criminal-lawmurderself-defenseconspiracycredibility-of-witnessessupreme-court

Supreme Court Affirms Murder Conviction Despite Defense Claims of Self-Defense

SC affirms murder conviction of three men who mauled victim to death, rejecting self-defense claims and upholding reclusion perpetua.

Aug 16, 2001criminal-law

Accountability FOR Group Violence Examining Conspiracy AND Shared Responsibility IN Criminal LAW

Aug 16, 2001suretyshipcredit cardsnovationsolidary liabilitycontract law

Surety's Continuing Liability: Upholding Obligations Despite Credit Card Upgrades

A Philippine Supreme Court ruling explains why a surety stays liable for a credit cardholder's debts even after the card is upgraded to a higher credit limit.

Aug 16, 2001forcible entryjurisdictionproperty disputesdamagesremedial law

Forcible Entry vs Damages: How Courts Decide Jurisdiction in Property Disputes

A Supreme Court ruling explains why the allegations in a complaint, not its title, determine whether a property dispute belongs in the MTC or the RTC.

Aug 16, 2001contract-law

Surety Agreements Upholding Continuous Liability Despite Credit Card Upgrades

Aug 16, 2001civil-procedureinterventioncompromise-agreementcourt-of-appealssupreme-courtmwss

Intervention Denied: The Ancillary Nature of Intervention in Settled Disputes

Philippine Supreme Court explains why intervention cannot proceed once the main case is settled and terminated.

Aug 16, 2001corporate lawpiercing the corporate veilforeclosuregovernment bankscreditor rightsbanking law

Piercing the Corporate Veil: When Foreclosure by Government Banks Is Not Fraud

The Supreme Court explains when foreclosure by government banks does not justify piercing the corporate veil, and why creditors cannot claim preferences outside liquidation.

Aug 16, 2001corporate lawpiercing the corporate veilforeclosuregovernment financial institutionscivil codesupreme court

Piercing the Corporate Veil in Philippine Foreclosures: DBP v. Remington

When can Philippine courts pierce the corporate veil? The Supreme Court clarifies the strict rule in DBP v. Remington.

Aug 15, 2001prescriptioncivil codecontract lawstatute of limitationsspecific performancepurchasers in good faith

Prescription in Contract Disputes: The 10-Year Rule Under Philippine Law

Learn how the 10-year prescription period for written contracts works in the Philippines, and why delay can bar a valid claim.

Aug 15, 2001criminal-lawmitigating-circumstancesgross-ignorancejudgesrevised-penal-codeplea-of-guilty

Ignorance of the Law Excuses No One: Erroneous Application of Mitigating Circumstances

A judge's error in appreciating mitigating circumstances leads to a fine for gross ignorance of the law, explaining the rules on plea of guilty and voluntary surrender.

Aug 15, 2001criminal-law

Balancing Justice AND Procedure When Technicalities Yield TO Fundamental Rights

Aug 15, 2001legal ethicslawyer disciplinecode of professional responsibilitysupreme courtnegligence

Lawyer Suspended for Neglecting Appeal: Duty to Client and Court

Supreme Court suspends lawyer for six months for failing to file appellant's brief, causing client's appeal to stall for over a year.

Aug 15, 2001commercial-law

Navigating Bank Liability Diligence Standards IN Foreign Exchange Transactions

Aug 15, 2001civil-lawdefault-judgmentpetition-for-reliefnegligence-of-counselfinality-of-judgmentrules-of-court

Beyond the Grave: Enforcing Partnership Rights After Death

A bus company's counsel failed to appear, leading to default judgment. The Supreme Court denies relief, affirming the finality of judgments.