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显示第 241–264 篇,共 24,588 篇文章

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Aug 5, 2024election lawparty-listcomelechretjurisdictionsupreme court

COMELEC vs HRET: When Can a Party-List Registration Be Cancelled?

The Supreme Court clarifies when COMELEC can cancel a party-list registration, even if it affects a sitting member of Congress.

Aug 5, 2024expropriationreconstituted titleres judicatatorrens systemjust compensationland registration

Navigating Land Expropriation and Title Reconstitution: A Philippine Law Guide

The Supreme Court clarifies how expropriation, reconstituted titles, and res judicata interact in property disputes.

Jul 31, 2024eminent domainjust compensationexpropriationproperty lawland rightstorrens title

Eminent Domain and Just Compensation: Land Rights After Incomplete Expropriation

Philippine Supreme Court ruling on expropriation, just compensation, and landowner rights when government fails to pay.

Jul 30, 2024labor lawlabor-only contractingindependent contractoremployer liabilityillegal dismissalsupreme court

Labor-Only Contracting in the Philippines: Employer Liability and Worker Rights

Understand labor-only contracting in the Philippines, when a principal becomes the true employer, and key lessons from a recent Supreme Court ruling.

Jul 30, 2024conjugal propertycivil lawproperty disputesfamily codeexecution salesupreme court

Conjugal Property Presumptions: Protecting Separate Assets from a Spouse's Debts

Learn how the Supreme Court protects separate property from a spouse's debts and what evidence overcomes the conjugal presumption.

Jul 30, 2024administrative lawconstruction lawcooperativespcabcontractor licensingsupreme court

Presidential Approval Required for PCAB Rules: Cooperative Licensing Case

Supreme Court ruling: PCAB regulations on contractor licensing need presidential approval, protecting construction cooperatives from forced incorporation.

Jul 30, 2024constitutional-lawfranchisepublic-utilitiescommon-goodsupreme-courtelectric-cooperatives

Franchise Amendments and Public Utilities: When Does the Common Good Justify Change

The Supreme Court upholds RA 11918 expanding MORE Power's franchise, ruling exclusive franchises are unconstitutional and Congress determines the common good.

Jul 30, 2024sheriffsadministrative liabilityneglect of dutyexecution of judgmentsrule 39civil procedure

Sheriff's Duty of Care: When Neglect in Execution Leads to Dismissal

A sheriff's deviation from Rule 39 execution procedure constitutes simple neglect of duty, warranting dismissal when aggravated by prior offenses.

Jul 30, 2024government procurementcontract splittingcommission on auditshoppingpublic biddinggood faith

Government Procurement: Contract Splitting, Shopping, and Good Faith Liability

Explore the Supreme Court's ruling on contract splitting in government procurement, shopping as an alternative mode, and when officials may be excused from returning disallowed amounts.

Jul 30, 2024legal ethicsprocurement lawgovernment contractscoapublic officersgood faith

When Generosity Becomes Misconduct: Ethical Boundaries for Philippine Lawyers

Philippine Supreme Court clarifies when public officers face liability for procurement irregularities, and how good faith affects ethical responsibility.

Jul 30, 2024property-lawindigenous-peoples-rightsbaguio-citynative-titleancestral-landsipra

Native Title vs. Statutory Rights: Land Ownership in Baguio City After the IPRA Exemption Ruling

The Supreme Court clarifies that Baguio City is exempt from the IPRA, except for native title claims based on time immemorial possession.

Jul 30, 2024freedom of informationelection lawcomelecmanual recountsuffragesupreme court

Freedom of Information in Philippine Elections: What the Supreme Court Said About Citizen Recount Requests

The Supreme Court dismissed a voter petition for a manual recount in Pangasinan, clarifying the limits of the right to information in elections.

Jul 29, 2024franking privilegesimple misconductcourt personneladministrative lawcode of conductsupreme court ruling

Franking Privilege Misuse: When Court Personnel Face Misconduct Charges

The Supreme Court clarifies when misuse of the franking privilege constitutes simple misconduct for court personnel, with key lessons on official resources.

Jul 29, 2024sheriff authoritywrit of executionproperty rightsgrave abuse of authoritycivil procedureadministrative law

Sheriff’s Abuse of Authority: Protecting Your Property Rights in the Philippines

Learn the limits of a sheriff’s authority under Rule 39 and how the Supreme Court protects property rights in Ignacio v. Balading.

Jul 29, 2024intellectual disabilitywitness competencymurderevidencecriminal lawsupreme court

Competency of Witnesses With Intellectual Disabilities: Safeguarding Justice in the Philippines

The Supreme Court affirms that intellectual disability alone does not disqualify a witness, provided they can perceive and communicate their perceptions.

Jul 29, 2024foreclosureannulment of foreclosure salereal estate mortgagebank fiduciary dutyoverpaymentwrit of possession

When Can a Bank’s Foreclosure Be Annulled? Overpayment and the Duty to Account

The Supreme Court clarifies when a bank’s foreclosure may be annulled due to overpayment or failure to render a full accounting of loan payments.

Jul 29, 2024eyewitness identificationdue processcriminal procedurephoto lineuppeople v lade

Eyewitness Identification: When Photo Lineups Pass Due Process Scrutiny

The Supreme Court clarifies when out-of-court photographic identification passes due process, citing the totality of circumstances test.

Jul 28, 2024administrative lawspeedy dispositionombudsmanpublic officialsdue process

Inordinate Delay in Administrative Cases: The Right to Speedy Disposition After Llevares

Explore how the Supreme Court's Llevares ruling protects public officials from inordinate delay in administrative cases, and what this means for your rights.

Jul 28, 2024floating statusconstructive dismissallabor lawregular employmentillegal dismissaldole

Floating Status in Philippine Labor Law: When Suspension Becomes Illegal Dismissal

Learn when an employee's floating status becomes illegal dismissal under Philippine law, based on a 2024 Supreme Court ruling.

Jul 28, 2024election gun banretroactivityarticle 22revised penal codebargado caseelection law

Election Gun Ban and Retroactivity: The Bargado Case Explained

Can a postponed election erase a gun ban violation? The Supreme Court's Bargado ruling explains retroactivity in Philippine election law.

Jul 23, 2024forcible entryunlawful detainerproperty possessionrule 42rule 65ejectment

Forcible Entry vs Unlawful Detainer: Key Rules on Property Possession Disputes

The Supreme Court clarifies the distinction between forcible entry and unlawful detainer, and the proper remedy for appealing possession cases.

Jul 23, 2024judicial misconductcode of judicial conductadministrative lawgross misconductsupreme court

When Is a Judge Liable for Misconduct in the Philippines

The Supreme Court explains when a judge's private acts constitute gross misconduct, using a case where a magistrate helped his wife defraud a supplier.

Jul 23, 2024zoninglocal-governmentreal-estate-lawvested-rightspolice-powerquezon-city

Zoning vs Vested Rights: When Local Ordinances Clash With National Policy

Supreme Court rules on Quezon City zoning ordinance vs Manila Seedling Bank's usufructuary rights over national government property.

Jul 23, 2024judicial disciplinegross ignoranceconduct unbecomingrules on evidenceadministrative complaint

When Can a Judge Be Disciplined for Rulings in a Criminal Case? Lessons from Bloomberry v. Luna

A look at when judges face discipline for trial rulings, witness disqualification, and courtroom conduct, citing the Supreme Court's 2024 ruling.