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Showing 457–480 of 556 articles for “oca”

Reviving Political Fortunes: The Clash Between Election and Local Government Codes on Disqualification

A 2002 Supreme Court ruling clarifies which law governs candidate disqualification for local posts, shortening the period from five to two years.

Self-Defense Claims and Unlawful Aggression: Lessons from People v. Tadeo

The Supreme Court clarifies when self-defense fails and how intoxication, provocation, and surrender affect criminal liability in homicide cases.

Local Governments and Environmental Compliance: Ensuring Sustainable Development Under Philippine Law

The Supreme Court clarifies that local government units must comply with the Environmental Impact Statement System under PD 1586.

Judicial Independence vs Local Government Authority: The Limits of Executive Judge Power in Personnel Transfer

A Supreme Court ruling clarifies that executive judges cannot permanently transfer court personnel without authority from the Office of the Court Administrator.

Reasonable Doubt Prevails When Identification in Rape Cases Must Be Unequivocal

Explaining why proof of a victim's minority in rape cases must be independent and clear, not based on testimony alone.

Citizenship and Residency: Defining Electoral Eligibility in the Philippines

The Supreme Court clarifies how citizenship and residency requirements apply to candidates for local elective office in the Philippines.

Notarization Is No Empty Ritual: Lessons from Rosales v. Ramos on Notarial Duties

A notary public who fails to record a notarized deed faces revocation and suspension. Learn the duties and consequences.

Agrarian Reform Protecting Farmers Rights Against Illegal Land Transfers

Learn how the Supreme Court protects farmer-beneficiaries from illegal land transfers under PD 27, including rules on abandonment and reallocation.

Residential vs Agricultural Land: Resolving Land Use Classification and Tenant Rights

Supreme Court clarifies when land is residential and exempt from agrarian reform, plus the rules on irrevocable agency coupled with interest.

Lease Renewal Rights: Mutual Agreement Required for Contract Extension

Philippine Supreme Court clarifies that lease renewal options are reciprocal—both lessor and lessee must agree to extend a lease contract.

Deadline or Justice: The Strict Timeline for Challenging Tax Laws

A Supreme Court ruling on the mandatory 30-day window to appeal local tax ordinances and when procedural rules may be relaxed.

Union Disaffiliation and Freedom of Association: Philippine Skylanders v. NLRC

When can a local union validly disaffiliate from its mother federation? The Supreme Court explains in Philippine Skylanders v. NLRC.

Local Union Disaffiliation Rights: Philippine Skylanders vs NLRC Explained

Supreme Court ruling on local unions' right to disaffiliate from mother federations, and when disaffiliation is valid under Philippine labor law.

Appointment vs Reassignment: Clarifying the Role of Local School Boards in Superintendent Designations

The Supreme Court clarifies when local school board consultation is required for schools division superintendent designations, distinguishing appointment from reassignment.

When Can the DBM Intervene in Local Salary Disputes? The Boncodin Case

The Supreme Court clarifies when the DBM may intervene in local government salary cases—and why timing matters.

Disputed Birth Records and Filiation in Philippine Estate Administration

A Supreme Court ruling shows why a birth certificate from the local civil registry can be rejected as spurious when it conflicts with the copy kept by the Civil Registrar General.

Funding Education Balancing Local Control AND National Mandates IN Special Education Fund Usage

Supreme Court clarifies which teacher salaries and scholarship grants may be charged to a local government's Special Education Fund.

Mayoral Prerogative vs Police Professionalism: Understanding the Limits of Local Executive Power in Police App

A look at how the Supreme Court balances a mayor's appointment power with the need for police professionalism and legal limits.

Contempt of Court: Balancing Judicial Authority and Attorneys' Rights to Advocate

A look at Frani v. Pagayatan on when a judge's loss of composure in court crosses the line, and when it does not.

When a Court Employee's Conviction and Procedural Rights Collide: Lessons from OCA v. Garong

A court interpreter's frustrated homicide conviction raised key questions on procedural notice, finality of judgments, and administrative discipline for judiciary employees.

Certification of Non-Forum Shopping: When a Philippine Agency Can Sign for Its Foreign Principal

The Supreme Court held that a local recruitment agency may sign the certification of non-forum shopping for its foreign principal, but strict rules still apply to service of pleadings.

Eminent Domain vs Urban Development: Balancing Public Need and Property Rights in Manila

The Supreme Court clarifies when local governments may expropriate private land for socialized housing under R.A. 7279.

Protecting Overseas Workers: Solidary Liability and Illegal Dismissal in Philippine Labor Law

The Supreme Court clarifies the solidary liability of local recruitment agencies and the burden of proof in illegal dismissal cases involving overseas Filipino workers.

Party Representation Prevails in Filling Sanggunian Vacancies Under Local Government Code

Supreme Court clarifies how permanent vacancies in the Sanggunian are filled, emphasizing party representation under the Local Government Code.