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显示第 20569–20592 篇,共 24,861 篇文章

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May 9, 2001labor lawprocedural rulessubstantial justicecourt of appealsnlrcretrenchment

Upholding Substantial Justice Over Technicalities in Labor Appeals

Philippine Supreme Court rules labor appeals should not be dismissed on mere technicalities when there is substantial compliance with procedural rules.

May 9, 2001banking-and-finance

Mutual Negligence Determining Liability IN Expired Letters OF Credit

May 9, 2001sandiganbayanjurisdictionobstruction of justicecriminal lawpublic officerspd 1829

Sandiganbayan Jurisdiction in Obstruction of Justice Cases: The "In Relation to Office" Requirement

When does the Sandiganbayan have jurisdiction over obstruction of justice cases? The Soller ruling explains the "in relation to office" test.

May 9, 2001res judicataforeclosurecivil proceduresupreme courtphilippine law

Res Judicata Bars Relitigation of Foreclosure Disputes in the Philippines

Learn how the Supreme Court applied res judicata to bar a second foreclosure case, explaining the four requisites for the doctrine.

May 9, 2001property-lawland-registrationreversionpublic-domaintorrens-titlepublic-land-act

Reversion of Land When Imperfect Titles Threaten Public Domain

Supreme Court explains when the government can seek reversion of land registered under imperfect titles, and the limits of that remedy.

May 9, 2001administrative lawexhaustion of administrative remediesdarabagrarian reformjurisdictionjust compensation

Exhaustion Doctrine Prevails Jurisdiction Cannot BE Circumvented BY Direct Resort TO Courts

Direct court resort without exhausting administrative remedies is fatal, as Gonzales v. Court of Appeals shows.

May 7, 2001administrative-lawgovernment-servicereorganizationdue-processcivil-servicedismissal

Dismissal From Government Service: The Scope of Reorganization and Due Process

Understand when a government employee's dismissal falls under reorganization rules, not regular civil service procedure, and why timing matters.

May 6, 2001administrative lawjudicial ethicssubstantial evidencesupreme courtjudgesadministrative complaints

Baseless Administrative Complaints Against Judges: Lessons from Manahon v. Judge Tan

The Supreme Court dismissed a baseless administrative complaint against a judge, reinforcing that substantial evidence is required and frivolous charges will be reprimanded.

May 5, 2001election lawfreedom of speechprior restraintcomelecfair election actconstitutional law

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Apr 30, 2001tax lawtax exemptionincome taxnircsupreme court

Tax Exemptions Are Strictly Construed: The Sea-Land Service Ruling

Philippine tax exemptions are strictly construed. Learn how the Supreme Court denied a US shipping firm's tax refund claim in Sea-Land Service, Inc. v. CIR.

Apr 30, 2001criminal lawconspiracyraperevised penal codephilippine supreme courtcriminal liability

Presence vs Participation: When Mere Presence Creates Criminal Liability in Philippine Law

Philippine Supreme Court clarifies when mere presence at a crime scene constitutes conspiracy versus innocent observation, using a rape case as example.

Apr 30, 2001statutory rapecriminal lawrevised penal codeconsentrapesupreme court

Statutory Rape: Why Consent Is Irrelevant When the Victim Is Under Twelve

Philippine law treats sex with a child under 12 as statutory rape—consent is immaterial. The Supreme Court explains why in People v. Ablaneda.

Apr 30, 2001treacherymurderconspiracycriminal lawrevised penal codesupreme court

Treachery in Philippine Law: Ensuring Justice for Victims of Sudden Attacks

How Philippine courts define treachery in murder cases, and why conspiracy requires more than mere presence at the crime scene.

Apr 27, 2001conflict of interestcode of professional responsibilitylegal ethicsinformed consentphilippine law

Conflict of Interest and Informed Consent in Attorney Representation

The Supreme Court dismissed a disbarment complaint against a lawyer who represented clients with potentially conflicting interests, clarifying the written-consent rule.

Apr 27, 2001property lawmortgagebad faithreconveyancetorrens titlephilippine supreme court

Mortgage in Bad Faith: When a Bank's Claim Is Trumped by a Prior Sale

A bank that forecloses on property it knew was already sold to another buyer cannot claim good-faith protection. Here's why.

Apr 27, 2001labor-lawprocedural-rulescourt-of-appealspetition-for-certioraritechnical-dismissalnon-forum-shopping

Dismissal Based on Procedural Technicalities Ensuring Compliance With Court Rules

When the Court of Appeals dismisses a petition for technical deficiencies, the Supreme Court may uphold it. Learn the rules from this labor case.

Apr 20, 2001forum shoppingjudicial inhibitionadministrative casessupreme courtcivil procedurephilippine courts

Forum Shopping in Philippine Courts: When Filing Multiple Petitions Backfires

Philippine Supreme Court explains forum shopping through a barangay captain's dismissed petition against an Ad Hoc Committee.

Apr 20, 2001criminal-lawrobbery-with-homicideself-defenseaggravating-circumstancesrevised-penal-codesupreme-court

When Self-Defense Fails: Robbery With Homicide and the Limits of Justifying Circumstances

Philippine Supreme Court clarifies robbery with homicide, aggravating circumstances, and why self-defense claims need more than denial.

Apr 20, 2001option contractcontract to sellreal estateearnest moneyoption moneyphilippine law

Option Contract vs Contract to Sell: Key Lessons from a Philippine Supreme Court Ruling

Philippine Supreme Court clarifies the difference between an option contract and a contract to sell in real estate transactions.

Apr 20, 2001encroachmentgood faithaccion reinvindicatoriaproperty lawsummary judgmentcivil law

Encroachment and Good Faith: What Builders Must Know Under Philippine Property Law

Philippine Supreme Court ruling on encroachment, good faith, and accion reinvindicatoria in Evadel Realty v. Soriano.

Apr 20, 2001prosecutorial discretionmalicious prosecutioncriminal proceduredamagespublic officers

Prosecutorial Discretion vs Malicious Prosecution: Balancing Public Duty and Individual Rights

The Supreme Court clarifies when prosecutors may be sued for damages, balancing prosecutorial discretion against protection from malicious prosecution claims.

Apr 20, 2001criminal lawpositive identificationalibirapeaggravating circumstancesrules of court

Positive Identification Prevails Over Alibi In Robbery With Homicide Cases

Philippine Supreme Court ruling on People v. Legaspi: how positive identification defeats alibi and why aggravating circumstances must be alleged in the information.

Apr 20, 2001res judicataeducation lawfree public secondary educationcivil proceduresupreme court

Res Judicata Bars Repeated Challenges to Education Law Reforms

Supreme Court explains res judicata in Manalo v. Court of Appeals, barring repeated suits over the same education law issue.

Apr 20, 2001election lawfailure of electioncomelecomnibus election codefraudspecial election

Safeguarding Elections When Fraud AND Intimidation Lead TO Failure OF Elections

When fraud and intimidation taint voting and canvassing, the COMELEC may declare a failure of election and call for a special election.