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显示第 2257–2280 篇,共 24,642 篇文章

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Dec 7, 2020local taxationtax refundtax assessmentlgcphilippine tax law

Local Tax Refund Requisites and Procedures for Contesting Assessments

Learn the requisites for local tax refunds and the proper procedure for contesting local tax assessments in the Philippines.

Dec 7, 2020notarial practicenotary publicadministrative lawlegal ethicssupreme courtnotarial seal

Safeguarding Notarial Seals: A Lesson from a Philippine Supreme Court Case

What happens when a notary's seal is used without authorization? A Supreme Court ruling on a lawyer's administrative liability.

Dec 7, 2020criminal-lawrapesexual-assaultrevised-penal-codesupreme-courtqualified-rape

Understanding the Legal Boundaries of Sexual Assault and Rape in the Philippines

A landmark ruling clarifies the distinction between rape by sexual intercourse and sexual assault, and the penalties for each.

Dec 7, 2020evidencepre-trialjudicial affidavit rulecivil procedurephilippine courts

When Courts Allow New Evidence Not Pre-Marked During Pre-Trial in Philippine Litigation

Philippine courts may admit evidence not pre-marked during pre-trial if good cause is shown. Learn the rule and its exceptions.

Dec 6, 2020criminal lawrapeforce and intimidationvictim testimonysupreme court

Force and Intimidation in Rape Cases: Lessons from People v. Licaros

The Supreme Court's ruling in People v. Licaros clarifies how force and intimidation are proven in rape cases, emphasizing the power of a victim's credible testimony.

Dec 2, 2020criminal-lawcivil-liabilityacquittalpreponderance-of-evidenceestafarules-of-court

Civil Liability After Acquittal: Preponderance of Evidence in Philippine Law

An acquittal does not automatically erase civil liability. Learn how preponderance of evidence applies in Philippine law.

Dec 2, 2020criminal lawsexual assaultlascivious conductrapera 7610moral ascendancy

Understanding Sexual Assault and Lascivious Conduct: Insights from a Landmark Philippine Case

A stepfather's conviction clarifies the distinction between sexual assault and lascivious conduct, and how moral ascendancy substitutes for force in rape cases.

Dec 2, 2020administrative-lawnegligencepublic-serviceombudsmancivil-service

Simple vs Gross Negligence in Public Service: The Trinidad Case

Understanding the fine line between simple and gross negligence in public service through the Supreme Court's ruling in Trinidad v. Ombudsman.

Dec 2, 2020agrarian reformcarpjust compensationdarabland valuationjurisdiction

Navigating Land Acquisition Under the Comprehensive Agrarian Reform Program: Understanding Jurisdictional Limi

A landowner's challenge to CARP coverage and valuation fails because he used the wrong remedy, missing the deadline to file with the Special Agrarian Court.

Dec 2, 2020property-lawexecution-salethird-party-claimrule-39sheriff-salecivil-procedure

Execution Sales, Cash Payment Rules, and Third-Party Claims in Philippine Law

Philippine Supreme Court clarifies when failure to pay bid in cash or state third-party claims voids execution sales.

Dec 2, 2020estafacriminal lawtrust receiptmisappropriationrevised penal codephilippine supreme court

Understanding Trust and Misappropriation in Philippine Estafa Cases: Key Lessons from a Landmark Ruling

A Supreme Court ruling clarifies estafa under Article 315(1)(b), explaining trust receipt obligations, demand requirements, and why partial payment does not erase criminal liability.

Dec 2, 2020property-lawboundary-disputesjurisdictionaccion-publicianaadministrative-remediesquieting-of-title

Boundary Disputes and Court Jurisdiction: Lessons from Palacat v. Heirs of Hontanosas

Philippine Supreme Court clarifies which court hears boundary disputes and when exhaustion of administrative remedies applies in possession cases.

Dec 2, 2020property lawestate settlementforeign willsprobateheirs obligationscivil code

Understanding Heirs' Obligations in Philippine Property Sales: A Landmark Supreme Court Ruling

Learn how a 2020 Supreme Court ruling clarifies heirs' obligations and foreign will probate requirements in Philippine property sales.

Dec 2, 2020criminal-lawrapeeyewitness-testimonyalibicredibilityrevised-penal-code

Reliable Eyewitness Testimony in Philippine Rape Cases: People v. Dereco

The Supreme Court affirms a rape conviction based on credible victim testimony, explaining how Philippine courts weigh eyewitness accounts and alibi defenses.

Dec 2, 2020finality of judgmentagrarian reformjust compensationdarabproperty law

Finality of Judgment in Agrarian Cases: Why the Wrong Remedy Can Be Fatal

A landowner who used the wrong remedy in an agrarian compensation dispute lost his case when the PARO decision became final and executory.

Dec 2, 2020criminal lawraperevised penal codesupreme courtarticle 266-aphilippines

Understanding the Nuances of Statutory Rape and Intimidation in Philippine Law

A Supreme Court ruling clarifies how force, threat, or intimidation defines rape under Article 266-A of the Revised Penal Code.

Dec 2, 2020criminal-lawraperevised-penal-codesupreme-courtevidencephilippines

Understanding the Elements of Rape: Insights from a Philippine Supreme Court Case

A Supreme Court ruling clarifies the elements of rape under Article 266-A, the importance of the victim's credible testimony, and the limits of charging.

Dec 2, 2020labor lawlabor-only contractingillegal dismissalregularizationprocedural compliancesupreme court

Navigating Labor Disputes: The Importance of Procedural Compliance in Philippine Employment Law

A look at Luces v. Coca-Cola Bottlers Phils., Inc., where the Supreme Court clarified labor-only contracting rules and the need for procedural compliance.

Dec 1, 2020property lawland titlestorrens systemaccion publicianaaccion reivindicatoriapriority of registration

Overlapping Land Titles in the Philippines: Priority of Registration and Legal Remedies

When two titles cover the same land, the earlier registered title prevails. Learn the rules and remedies in Philippine property disputes.

Dec 1, 2020illegal dismissallabor lawsubstantial evidenceterminationsupreme court

Proving Illegal Dismissal: The Burden of Substantial Evidence in Philippine Labor Cases

Learn how the Supreme Court defines the employee's burden of proof in illegal dismissal cases, based on the Jarabelo ruling.

Dec 1, 2020administrative-lawcommission-on-auditgood-faithgovernment-contractspublic-officersliability

Understanding Good Faith in Government Contract Disputes When Public Officers Are Excused From Liability

The Supreme Court clarifies when public officers may be excused from liability in government contract disputes involving disallowed disbursements.

Dec 1, 2020administrative lawcommission on auditgovernment employeesseparation benefitsliabilitylocal water districts

Understanding Separation Benefits and Liability Insights From a Landmark Philippine Supreme Court Ruling

A Supreme Court ruling clarifies when employee benefits are lawful, who bears liability for unauthorized disbursements, and the limits of board authority.

Dec 1, 2020administrative lawcommission on auditgovernment subsidiesgovernment-owned and controlled corporationsultra virespublic finance

Understanding the Limits of Government Financial Subsidies: Insights from the Supreme Court

The Supreme Court clarifies when government financial subsidies are lawful and when they become ultra vires acts requiring refunds.

Dec 1, 2020robbery with rapesexual assaultrevised penal codespecial complex crimecriminal law

Robbery With Rape vs. Separate Offenses: The Barrera Ruling

Philippine Supreme Court clarifies when robbery with rape applies versus separate robbery and sexual assault charges, and why the distinction matters.