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Showing 1–24 of 34 articles for “military”

Quieting Title Actions in the Philippines: What Property Owners Must Know

Learn how Philippine courts handle property title disputes, military reservations, and why the Balmaceda case matters for landowners.

Property Rights vs. Military Reservations: The Balmaceda Case on Void Titles

A landmark Supreme Court ruling on why titles tracing back to cancelled certificates cannot defeat the government's claim over military reservations.

Republic v. Heirs of Bernabe: Who May Sue for Reversion of Former Military Lands

The Supreme Court clarifies that the Republic, not the BCDA, is the real party in interest in reversion cases involving former military reservations.

Mamasapano Tragedy: Determining Liability in Complex Military Operations

The Supreme Court clarifies the standards for determining criminal negligence and probable cause in the Mamasapano tragedy, addressing command responsibility and intervening causes.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Presumptive Death for Military Benefits: No Court Declaration Needed

Supreme Court clarifies that PVAO and AFP can process death benefits of missing soldiers without a court declaration of presumptive death.

When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case

The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.

EDCA and Constitutional Limits: Senate Concurrence on Foreign Military Presence

The Supreme Court ruled EDCA is an executive agreement, not a treaty, so Senate concurrence is not required under the Constitution.

Mootness in Military Justice: When Court Martial Acquittals Nullify Legal Challenges

The Supreme Court explains why post-acquittal court martial proceedings render constitutional challenges moot and academic in military justice cases.

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Upholding Military Honor, Due Process, and Academic Freedom in PMA Dismissals

The Supreme Court affirms PMA's dismissal of a cadet for honor code violation, balancing military discipline with due process rights.

Jurisdiction in Property Disputes: Nullifying Contracts vs. Recovering Land Rights

When can the government nullify land titles? The Supreme Court clarifies jurisdiction rules in property disputes involving military reservations.

Military Retirement Credit for Civilian Service Under PD 1638: Reblora Case

Supreme Court clarifies how prior civilian government service counts toward military retirement under PD 1638, as amended.

Order of Battle and the Writ of Amparo: Proving a Real Threat to Life, Liberty, and Security

The Supreme Court clarifies when inclusion in a military Order of Battle amounts to a real threat warranting amparo protection.

Civilian Courts Prevail Over Military Tribunals for Non-Service-Connected Crimes

Supreme Court clarifies that military personnel accused of murder face trial in civilian courts, not court-martial, under R.A. 7055.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Upholding Public Land Rights Denying Land Registration Within Military Reservations

Supreme Court affirms that lands inside military reservations and forest lands are inalienable public domain, not registrable.

Liberty vs Military Authority: Balancing Rights in the Philippine Armed Forces

Supreme Court ruling on a general's preventive suspension and arrest, clarifying due process and injunctive relief in military discipline cases.

Military Pension and Citizenship: The Parreño Ruling on PD 1638

Retired AFP officers who lose Filipino citizenship can have their pensions terminated under PD 1638, as upheld in Parreño v. COA.

Public Land vs Private Claim: Military Reservations and the Limits of Land Acquisition in the Philippines

The Supreme Court voids a title over land inside Fort Bonifacio, ruling military reservations are inalienable public land.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Presidential Proclamations and Land Ownership: Military Reservations in the Philippines

Can a presidential proclamation override private land claims? The Supreme Court clarifies how military reservations affect ownership rights.

Habeas Corpus and Military Detention: The Limits of the Writ in the Oakwood Case

The Supreme Court clarifies when habeas corpus applies to military detention and what rights detainees retain, using the 2003 Oakwood incident as the backdrop.