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Showing 25–48 of 87 articles for “forfeiture”

Probable Cause and Customs Seizure: Protecting Due Process in Forfeiture Cases

The Supreme Court clarifies that probable cause must precede customs seizure and forfeiture, protecting claimants from arbitrary government action.

Probable Cause Required Before Customs Seizure: Commissioner of Customs v. Singson

Philippine Supreme Court rules customs forfeiture requires probable cause first, not mere suspicion or certification.

Probable Cause in Customs Forfeiture: Commissioner of Customs v. Singson

The Supreme Court clarifies that customs forfeiture requires probable cause first, not mere suspicion or unverified certifications.

Forfeiture Clauses Balancing Employer Protection AND Employee Rights IN Commission Disputes

Philippine Supreme Court clarifies when commission forfeiture clauses in employment contracts are valid and enforceable.

Forfeiture vs Foreclosure: Due Process in Ill-Gotten Wealth Cases

The Supreme Court rules that the State, as subrogee-creditor of forfeited assets, cannot sell mortgaged shares without foreclosure proceedings.

The Three-Day Rule: Forfeiture of Seafarers' Disability Benefits for Non-Compliance

A seafarer's failure to see a company-designated physician within three days of repatriation can forfeit disability claims, as Ricasata v. Cargo Safeway shows.

Accountability in Public Service: Forfeiture of Benefits for Grave Misconduct

A sheriff's grave misconduct and dishonesty led to forfeiture of benefits and perpetual disqualification, underscoring accountability in public service.

Dishonesty in Public Service: Forfeiture of Benefits Despite Resignation

Supreme Court rules resignation does not erase administrative liability; cash clerk found guilty of serious dishonesty for exam impersonation faces forfeiture of benefits.

When Is Rice Smuggling SC Clarifies Forfeiture Rules FOR Vessels AND Cargoes

Supreme Court clarifies when rice shipments and vessels may be forfeited for smuggling, requiring probable cause and lawful importation proof.

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

Dishonesty IN Public Service Forfeiture OF Benefits Despite Prior Dismissal

When a Company Car Plan Lacks Terms: Refund of Employee Payments Explained

Philippine Supreme Court rules on employee car plan refunds when no forfeiture terms exist, citing unjust enrichment principles.

Tax Sales and Due Process: Protecting Property Rights in the Philippines

Learn how Philippine courts protect landowners from defective tax sales and uphold due process in property forfeiture cases.

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Unexplained Wealth Forfeiture of Illegally Acquired Properties Under Philippine Law

The Supreme Court explains how forfeiture of unexplained wealth works under RA 1379, including due process rights and the finality of judgments.

Forfeiture of Net Profits in Legal Separation: Protecting Children's Rights

Philippine Supreme Court clarifies forfeiture of guilty spouse's net profits in legal separation, protecting children's inheritance rights.

Forfeiture in Plunder Cases: Tracing Ill-Gotten Wealth and Protecting State Interests

Explaining how the Supreme Court upheld the forfeiture of assets traceable to plunder, including shares held by third parties, under RA 7080.

Retirement Benefits and Voluntary Resignation: Clarifying Eligibility Under Philippine Law

Can resignation save retirement benefits after administrative liability? The Supreme Court clarifies forfeiture rules for public officers.

Upholding Public Trust: Dishonesty Leads to Dismissal Despite Mitigating Factors

Supreme Court ruling shows falsifying a Daily Time Record is grave dishonesty warranting forfeiture of retirement benefits, even after resignation.

Unlawful Wealth Ombudsmans Power TO Investigate Forfeiture Cases Before 1986

Forfeiture of Conversion Fees: Understanding Government Contracts and Bidding Rules in the Philippines

When can the government forfeit a bidder's payment? The Supreme Court explains bidding rules, forfeiture clauses, and government contract obligations.

Dishonesty in Public Service: Forfeiture of Eligibility for Examination Irregularities

Court dismisses clerk of court for using a proxy in the 1988 civil service exam, ruling dishonesty forfeits eligibility and all benefits.

Forfeiture of Downpayment: When a Buyer's Stop Payment Is Justified

Supreme Court ruling on when sellers cannot forfeit a buyer's downpayment due to adverse claims on property title.

Buyers Can Suspend Payments When Title Is Clouded: Daleon v. Tan

When a property's title is clouded by an adverse claim, buyers may stop paying installments without risking forfeiture of their downpayment.