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Showing 1–24 of 287 articles for “mining”

Acquittal Due to Lack of Proof: Examining the Elements of Estafa and Theft in Philippine Law

A look at how Philippine courts distinguish estafa from theft, and why the prosecution must prove every element beyond reasonable doubt.

Prescription in Property Disputes: The Necessity of Trial for Determining the Validity of Land Sales

When is a land sale valid despite an injunction? The Supreme Court clarifies perfection of contracts and the need for trial.

Probable Cause and Dismissal: Examining Double Murder Charges in Montilla v. People

The Supreme Court clarifies judicial probable cause, venue vs. jurisdiction, and dismissal of double murder charges in Montilla v. People.

Prompt Compensation Imperative in Determining Just Compensation in Philippine Expropriation Cases

Philippine Supreme Court rules just compensation is reckoned from the date of taking, not the filing of the complaint, and must be paid promptly with interest.

Ascendancy and Abuse: Examining Parental Authority in Rape Cases

The Supreme Court affirms a father's rape conviction, explaining how parental authority can substitute for force and intimidation.

Balancing Local Authority and National Mining Rights: The Luisito Marty Case

A mayor's refusal to issue mining permits tested the line between local autonomy and national mining law. The Supreme Court's ruling explained.

Mining Rights vs Indigenous Rights: Prior Consent Is Paramount for MPSA Renewal

Supreme Court rules FPIC and NCIP certification are mandatory for MPSA renewal, protecting indigenous peoples' ancestral domain rights.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Mining Rights vs Land Patents: When a Mining Claim Does Not Beat a Free Patent

The Supreme Court explains why a mining claim holder cannot annul free patents without proving ownership and fraud. Key lessons for property disputes.

Standing to Sue: Examining the Boundaries of Judicial Review in Philippine Law

The Supreme Court dismisses a challenge to COMELEC Resolution No. 9371 on PDL voting, reaffirming the strict requisites of judicial review and locus standi.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

The Limits of Delegated Authority Protecting Indigenous Land Rights in the Philippines

A mining firm's compliance certificate was voided when an NCIP commissioner signed it without valid delegated authority. Learn the rules.

Non-Delegation Doctrine Shields Indigenous Rights in Mining Agreements

Supreme Court voids mining compliance certificate signed under invalid delegation, protecting Mamanwa Tribes' ancestral domain rights.

Balancing Efficiency and Due Process: The 60-Day Certiorari Rule in Court Operations

Examining Puregold v. Court of Appeals, which underscores the strict 60-day period for certiorari and the binding effect of counsel's receipt of orders.

Determining Employer-Employee Relationship: The Indispensability of a Worker's Role in Business Operations

When does a worker become a regular employee? The Supreme Court clarifies the test under Article 295 of the Labor Code.

Understanding Share Redemption in Public Utilities: Insights from Philippine Legal Precedents

Explore the Supreme Court's ruling on share redemption in public utilities, examining PLDT's preferred share buyback and its legal implications.

Examining Judgment Debtors: How Courts Can Enforce Judgments Against Elusive Corporations

Winning a lawsuit is only half the battle. Learn how Philippine courts can examine corporate officers to enforce judgments against elusive debtors.

Fairness in Land Valuation: Determining Just Compensation in Agrarian Reform

Philippine Supreme Court clarifies how just compensation is determined in agrarian reform cases, balancing landowner rights and agrarian justice.

Determining Employee Status: The Fine Line Between Employment and Partnership in Philippine Law

The Supreme Court clarifies when workers are employees, not partners, and the legal consequences for dismissal in the Philippines.

Can the DENR Secretary Cancel a Mining Agreement Without MGB Recommendation? The Awayan Doctrine

The Supreme Court clarifies the DENR Secretary's independent authority to cancel mining agreements without prior MGB recommendation, resolving a key procedural question.

Just Compensation in CARP Cases: When Courts Must Follow the DAR Formula

Philippine Supreme Court clarifies when Special Agrarian Courts may deviate from the DAR valuation formula in determining just compensation under CARP.

Maritime Liability in Vessel Collisions: Fault, Insurance Claims, and the Code of Commerce

When vessels collide, determining liability depends on the cause of action—contract or tort. The Supreme Court clarifies the governing rules.

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.

Treachery Defined: Examining the Elements of Murder in Philippine Law

The Supreme Court explains treachery and the elements of murder under Article 248 of the Revised Penal Code in People v. Almosara.