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显示第 2185–2208 篇,共 24,641 篇文章

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Jan 20, 2021criminal lawtreacherymurderself-defenserevised penal codesupreme court

Understanding Treachery in Murder Cases: Insights from a Landmark Philippine Supreme Court Decision

A look at how Philippine courts define treachery in murder cases, using People v. Pereira to explain the rules on qualifying circumstances, self-defense, and damages.

Jan 20, 2021probaterule-76notice-to-heirsspecial-proceedingsestate-settlementphilippine-law

Probate Notices: Personal Notification of Known Heirs Is Mandatory in Philippine Law

Philippine Supreme Court clarifies that publication alone is not enough; known heirs must receive personal notice in probate proceedings.

Jan 20, 2021child abusera 7610lascivious conductpsychological abusecriminal lawsupreme court

Masturbation in a Child's Presence Is Child Abuse Under RA 7610: De Vera v. People

The Supreme Court rules that masturbating in front of a minor is psychological abuse under Section 10(a) of RA 7610, not mere unjust vexation.

Jan 20, 2021illegal recruitmentestafaoverseas filipino workersra 8042labor codeofw protection

Illegal Recruitment in Large Scale and Estafa: Protecting OFWs from Fake Recruiters

The Supreme Court explains illegal recruitment in large scale and estafa, and what overseas Filipino workers should watch out for.

Jan 19, 2021banking lawfiduciary dutyloan accountingbank recordssupreme courtconsumer protection

The Fiduciary Duty of Banks in Loan Accounting: A Guide to Metrobank v. Cruz

The Supreme Court affirms that banks owe clients a fiduciary duty to keep accurate loan records and render full accounting, beyond any internal retention policy.

Jan 19, 2021judicial clemencyadministrative liabilitysandiganbayannew code of judicial conductsupreme court

Judicial Clemency in the Philippines: Lessons from the Ong Case

The Supreme Court partly grants former Sandiganbayan Justice Ong's plea for judicial clemency, restoring benefits and lifting reemployment ban.

Jan 19, 2021government-contractsanti-graftpublic-biddingdue-processdocumentation

Government Contract Disputes: Documentation and Due Process in Graft Cases

A Supreme Court ruling on graft liability shows why documentation and due process are critical in government procurement and contract implementation.

Jan 19, 2021administrative lawjudicial misconductgross ignorance of the lawestate administrationletters of administrationsupreme court

Understanding Judicial Misconduct: Bias and Ignorance in Estate Administration

A Supreme Court ruling on a judge's gross ignorance of the law and bias in estate proceedings, and the penalties imposed.

Jan 19, 2021fiduciary dutycode of professional responsibilitylawyer misconductproperty lawclient fundsadministrative case

Lawyer Client Trust: Fiduciary Duties and Misconduct in Property Transactions

When a lawyer fails to account for client funds in a property transfer, the Supreme Court explains the fiduciary duty and consequences.

Jan 19, 2021criminal-lawburden-of-proofraperobberyacquittalevidence

Burden of Proof and Inconsistent Testimony: Acquittal in Robbery with Rape Case

The Supreme Court acquits in a robbery with rape case due to material inconsistencies in the prosecution's evidence, underscoring the burden of proof.

Jan 19, 2021legal ethicscode of professional responsibilityfiduciary dutyclient fundsbouncing checksadministrative case

Client Money and Bouncing Checks: A Lawyer’s Fiduciary Duty After Bernasconi v. Demaisip

A Supreme Court ruling on lawyer suspension clarifies the strict fiduciary duty to account for client funds and the consequences of issuing bouncing checks.

Jan 18, 2021legal ethicsnotarial practicenotary publicadministrative casesupreme courtdocument integrity

Notarial Duties and Document Integrity: Lessons from a Lawyer's Negligence

A lawyer's failure to record a notarized document in the notarial register leads to suspension and revocation of commission.

Jan 18, 2021maritime lawseafarerspoea contractdisability benefitsoverseas employmentrecruitment agencies

Seafarer Rights and Agency Duties: The Corpuz Case on POEA Contract Substitution

A Supreme Court ruling on seafarer disability claims, the 3-day medical exam rule, and agency liability for contract substitution.

Jan 17, 2021criminal lawtheftlost propertymisappropriationrevised penal codesupreme court

Theft by Misappropriation of Found Property: What Philippine Law Requires

Philippine law punishes keeping found property as theft. Learn the finder's duties and key lessons from a recent Supreme Court ruling.

Jan 13, 2021agrarian reformright of redemptionagricultural tenantra 3844leaseholdproperty law

Understanding the Right of Redemption for Agricultural Tenants in the Philippines

Learn how the Supreme Court clarified the 180-day period and consignation requirement for agricultural tenants' right of redemption under RA 3844.

Jan 13, 2021grave-misconductserious-dishonestyadministrative-lawombudsmancivil-servicepublic-officers

Grave Misconduct and Serious Dishonesty: Lessons from Pantaleon v. Ombudsman-Mindanao

A revenue clerk's unauthorized lending of public funds led to dismissal. The Supreme Court explains grave misconduct and serious dishonesty.

Jan 13, 2021tax exemptioncourt of tax appealsbirjurisdictionrevenue issuancesnon-stock non-profit

Tax Exemption Challenges and the CTA's Exclusive Jurisdiction Over BIR Issuances

Learn why the Court of Tax Appeals, not regional trial courts, has exclusive jurisdiction over tax exemption cases and BIR revenue issuances.

Jan 13, 2021property-lawfree-patentland-registrationpublic-land-actreversionfraud

Navigating Fraud in Land Patent Applications: Insights from a Landmark Philippine Supreme Court Ruling

The Supreme Court clarifies when the State can cancel a free patent obtained through fraud, even if the land is no longer public domain.

Jan 13, 2021estafarevised penal codera 10951immutability of judgmentprobationsupreme court

Final Judgments and Penalty Correction: Aguinaldo IV v. People Explained

The Supreme Court clarifies when a final criminal conviction can still be modified, applying RA 10951 to reduce an estafa penalty.

Jan 13, 2021ra 9262psychological violenceviolence against womenmarital infidelitycriminal law

Understanding Psychological Violence Under RA 9262: Insights From a Landmark Supreme Court Ruling

The Supreme Court clarifies what constitutes psychological violence under RA 9262, including marital infidelity, hearsay exceptions, and penalties.

Jan 13, 2021estafara-10951immutability-of-judgmentcriminal-lawprobationsupreme-court

Finality of Judgment and Penalty Recomputation Under RA 10951: Insights from Aguinaldo v. People

A Supreme Court ruling explains when final judgments may be modified and how RA 10951 affects penalties for estafa.

Jan 13, 2021anti-graft lawpublic officersgross inexcusable negligenceombudsmangovernment-owned corporations

Navigating the Fine Line: Gross Inexcusable Negligence in Public Office

The Supreme Court clarifies when a public officer's acts amount to gross inexcusable negligence under the Anti-Graft Law, using a sequestered corporation case.

Jan 12, 2021labor lawteacher dismissalserious misconductchild abusera 7610education law

Teacher Misconduct and Child Abuse: When Dismissal Is Justified in the Philippines

When does teacher misconduct justify dismissal? The Supreme Court clarifies the limits of compassionate justice in child abuse cases.

Jan 12, 2021co-ownershipproperty lawcivil lawsuccessioninheritance

Co-Ownership and Property Rights in the Philippines: The Racho Case on Consent

The Supreme Court clarifies when co-owners may sell inherited property and why consent of all heirs is required before partition.