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显示第 21121–21144 篇,共 24,861 篇文章

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Nov 19, 2000escheatunclaimed bank depositsact no. 3936due processcertioraribanking law

Escheat of Unclaimed Bank Deposits in the Philippines: Procedure and Due Process

Learn how Philippine escheat law works for unclaimed bank deposits, why publication is required, and why certiorari cannot replace a missed appeal.

Nov 19, 2000labor lawillegal dismissalloss of trust and confidenceterminationdue process

Loss of Trust and Confidence as a Valid Ground for Dismissal: The Vitarich Case

Philippine law requires more than an employer's mere assertion of lost trust to justify dismissal. Learn the rules from Vitarich v. NLRC.

Nov 17, 2000criminal-lawrapereasonable-doubtevidencetestimonycorroboration

Reasonable Doubt in Rape Cases: When Conflicting Testimony and Lack of Corroboration Lead to Acquittal

Learn how Philippine courts weigh reasonable doubt, conflicting testimony, and corroboration in rape cases, and why convictions still succeed.

Nov 16, 2000criminal lawrapechild testimonyincestuous rapeevidencesupreme court

Credibility of Child Testimony in Rape Cases: Lessons from People v. Mariano

Philippine courts give significant weight to a child's credible testimony in rape cases. Learn the key principles from People v. Mariano.

Nov 15, 2000civil proceduresummary judgmentjudgment on the pleadingsphilippine lawsupreme court

Summary Judgment vs. Judgment on the Pleadings: When Defenses Are Not Genuine Issues

Explaining the difference between summary judgment and judgment on the pleadings, and when defenses raised in an answer are not genuine issues.

Nov 15, 2000criminal-lawcircumstantial-evidencemurderhomiciderevised-penal-codesupreme-court

Proving the Unseen: How Circumstantial Evidence Convicts in Philippine Murder Cases

A Philippine Supreme Court ruling explains when circumstantial evidence suffices to convict, and why murder was downgraded to homicide.

Nov 15, 2000ombudsmancriminal procedureprobable causegrave abuse of discretionpreliminary investigationjurisprudence

Ombudsman's Discretion: When Courts Won't Intervene in Dismissals

Philippine Supreme Court explains the limits of judicial review over the Ombudsman's power to dismiss criminal complaints for lack of probable cause.

Nov 15, 2000pactum commissoriumreal estate mortgageloan agreementscivil codephilippine law

Pactum Commissorium: Why Automatic Property Grab in Loan Agreements Is Illegal in the Philippines

Philippine law bans pactum commissorium—automatic property forfeiture in loans. Learn the rule, the Marino v. Salcedo case, and your rights.

Nov 15, 2000res judicatafinal judgmentphilippine lawsupreme courtlegal procedure

Understanding Res Judicata When a Court Order Becomes Final in the Philippines

Learn how res judicata applies when Philippine court orders become final, based on Supreme Court rulings and practical legal insights.

Nov 15, 2000preliminary injunctionprobate courtestate administrationforeclosureproperty lawphilippine supreme court

Preliminary Injunctions in Probate: Protecting Estate Assets From Foreclosure

Philippine Supreme Court ruling on when probate courts may issue preliminary injunctions to protect estate assets from foreclosure.

Nov 15, 2000summary judgmentcivil procedurecontract lawphilippine supreme courtjudgment on pleadingslitigation

Summary Judgment vs Trial: When Philippine Courts Can Decide Without Full Trial

Philippine courts can render summary judgment without full trial when defenses are sham or fictitious. Narra v. CA explains the rule.

Nov 15, 2000treacherymurdercomplex crimeabortionrevised penal codecriminal law

Treachery in Philippine Criminal Law: Unexpected Attacks and the Complex Crime of Murder with Abortion

The Supreme Court explains treachery in murder cases and how a single criminal act can produce the complex crime of murder with abortion.

Nov 15, 2000criminal-lawcircumstantial-evidencemurderhomiciderevised-penal-codesupreme-court

Circumstantial Evidence in Philippine Courts: When Indirect Proof Leads to Conviction

Learn how Philippine courts use circumstantial evidence to convict, and why the Supreme Court reduced murder to homicide in People v. Moyong.

Nov 15, 2000notarial lawnotary publicacknowledgmentadministrative casephilippine law

Philippine Notarization Rules: Why Signatory Presence Before a Notary Is Non-Negotiable

The Supreme Court suspends a notary for notarizing a deed after the signatory's death, underscoring that notarization demands personal appearance.

Nov 15, 2000judicial ethicsfree speechsupreme courtadministrative casejudgesphilippine law

Respecting the Court: Judicial Ethics and the Limits of Free Speech for Philippine Judges

What happens when a judge attacks the Supreme Court? A lesson in judicial ethics, free speech limits, and the duty of magistrates.

Nov 15, 2000property-lawforeclosuretemporary-restraining-orderejectmentjudicial-ethicsdemolition

Lost Property Due to Foreclosure: Understanding Notice Requirements in the Philippines

A judge who ignored a TRO and demolished a home was disciplined. Learn the notice rules that protect property rights in Philippine foreclosure and ejectment cases.

Nov 15, 2000insurance lawlife insurancedeath certificatebeneficiarysupreme courtphilippines

Protecting Your Insurance Claim Why Death Certificates Matter IN THE Philippines

Learn how the Supreme Court ruled that a death certificate is strong evidence in life insurance claims, and what this means for beneficiaries.

Nov 15, 2000illegal recruitmentestafalabor codeoverseas employmentcriminal lawphilippine supreme court

Broken Promises in Overseas Job Scams: Illegal Recruitment and Estafa Under Philippine Law

A Supreme Court ruling explains how illegal recruitment in large scale and estafa arise from false promises of overseas employment.

Nov 15, 2000criminal-lawrapecriminal-procedurequalifying-circumstancessupreme-courtreclusion-perpetua

Fatal Flaws in Filing Rape Cases: Why Precision in Criminal Complaints Matters in Philippine Law

The Supreme Court reduced a rape conviction from death to reclusion perpetua because the complaint failed to allege the qualifying circumstances of filiation and minority.

Nov 15, 2000illegal recruitmentestafalabor codeoverseas employmentcriminal lawphilippines

Navigating Illegal Recruitment in the Philippines: Understanding Large-Scale Fraud and Estafa

Learn how Philippine courts distinguish illegal recruitment in large scale from estafa, the penalties involved, and what this means for overseas job seekers.

Nov 13, 2000bp 22bouncing checks lawnotice of dishonorcriminal lawdue processsupreme court

Bouncing Checks and Due Process: Why Notice of Dishonor Is Crucial in BP 22 Cases

The Supreme Court acquits check issuers where the prosecution failed to prove notice of dishonor, underscoring due process in BP 22 cases.

Nov 6, 2000habeas corpusindirect contemptjudicial misconductrule 71bureau of immigrationadministrative case

When a Judge Misuses Contempt Powers: The Ma Jing Habeas Corpus Case

A Supreme Court ruling on when judges cross the line from enforcing orders to abusing contempt powers, with lessons for litigants and magistrates.

Nov 6, 2000indirect contempthabeas corpusjudicial ethicsrule 71rule 102administrative law

Understanding Indirect Contempt and Habeas Corpus: Lessons from Rodriguez v. Bonifacio

A judge's suspension for mishandling contempt and habeas corpus proceedings, and the procedural rules every litigant should know.

Oct 30, 2000malicious prosecutioncivil damagesmoral damagesattorney's feesphilippine lawsupreme court

Malicious Prosecution: Protecting Reputation and Business Interests From Unfounded Legal Claims

Philippine Supreme Court clarifies when filing a baseless lawsuit becomes malicious prosecution, entitling victims to moral, exemplary, and compensatory damages.