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Showing 481–504 of 1,354 articles for “dar”

When Court Personnel Fail: Accountability for Negligence in Duty

Examining accountability standards for court personnel who fail in their duties, and the consequences of negligence in the Philippine judicial system.

Solidary Liability in Illegal Recruitment: The Reach of Conspiracy

When conspiracy is shown in large-scale illegal recruitment, each accused is both criminally and civilly liable, solidarily for all amounts collected from victims.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

Upholding Ethical Standards: Disbarment for Misconduct and Exorbitant Fees in Legal Practice

Supreme Court suspends lawyer for two years for demanding exorbitant fees to "expedite" a case already dismissed, plus issuing bouncing checks.

Upholding Ethical Standards Disbarment FOR Attorney Misconduct AND Deceit

Supreme Court clarifies when disciplinary authorities may appeal CSC decisions modifying penalties in administrative cases.

Agrarian Dispute vs Forcible Entry: When Land Is Agricultural But No Tenancy Exists

Not every case involving agricultural land is an agrarian dispute. Tenancy must exist for DARAB jurisdiction. Learn from this Supreme Court ruling.

Defense of Insanity Requires Clear and Convincing Evidence in Criminal Cases

Philippine Supreme Court clarifies the strict evidentiary standard for the insanity defense, requiring proof of complete deprivation of intelligence at the time of the crime.

Rape With a Deadly Weapon: Upholding Victim Testimony and the Boundaries of Consent

A Philippine Supreme Court ruling affirms that a rape conviction can rest on the victim's credible testimony, even when the accused is her own father.

Eyewitness Testimony and the Standard of Proof in Murder Convictions: People v. Watamama

The Supreme Court clarifies when eyewitness testimony suffices for conviction and why treachery must be proven, not presumed, in murder cases.

Inconsistent Positions and Agency Liability: Protecting Overseas Workers From Deception

A Philippine Supreme Court ruling holds recruitment agencies and their officers solidarily liable for overseas workers' claims, rejecting inconsistent defenses as deception.

Probationary Employment: When a Job Description Can Define Clear Regularization Standards

Philippine Supreme Court clarifies when a job description and duties suffice as reasonable standards for probationary employee regularization and dismissal.

When Can a Judge Dismiss a Prosecutor's Case for Lack of Probable Cause?

The Supreme Court clarifies the boundary between a prosecutor's and a judge's power to determine probable cause in criminal cases.

Protecting Children Parental Abuse AND THE Boundaries OF Family Rights IN THE Philippines

When Do Government Employees Lose Their Right to Allowances After Integration

Explaining when COLA and other allowances are deemed integrated into basic salary under the Salary Standardization Law, citing Land Bank v. Naval.

Judicial Conduct on Trial: Balancing Online Presence and Ethical Duties

A Supreme Court ruling on a judge's Friendster photos and courtroom conduct clarifies ethical boundaries for magistrates online and offline.

Wage Order Exemptions: Balancing Regional Flexibility and National Standards

The Supreme Court affirms regional wage boards' power to grant exemptions, provided NWPC review and approval are secured.

Medical Negligence: Establishing the Standard of Care in Anesthesia

The Supreme Court clarifies when res ipsa loquitur applies in medical negligence cases and why expert testimony on the standard of care remains essential.

PLDT Network Integrity: Defining Theft in Telecommunications Fraud

Philippine Supreme Court ruling on whether ISR network fraud constitutes theft under the Revised Penal Code, and search warrant standards.

Proving Alienable Land in Registration: The T.A.N. Properties Standard

Land registration requires more than a DENR certification. The Supreme Court clarifies the proof needed to establish alienable and disposable land.

Agrarian Reform Jurisdiction: DAR, Not Courts, Hears Landowner Disputes

Supreme Court clarifies that agrarian reform disputes, even with constitutional questions, belong to the DAR, not the RTC.

Tenancy Rights and Landowner Consent: Key Lessons from Quintos v. DARAB

The Supreme Court clarifies that no tenancy relationship exists without the landowner's consent, even if an agent or possessor installs tenants.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Self-Defense and Unlawful Aggression: Establishing the Boundaries in Philippine Law

The Supreme Court clarifies when self-defense applies in Philippine law, emphasizing that unlawful aggression must be actual and imminent, not merely threatened.

Regulating Real Estate Professional Standards AND Property Rights IN THE Philippines

The Supreme Court upheld the Real Estate Service Act's licensing rules for developers, balancing professional standards with property rights.