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显示第 4969–4992 篇,共 24,676 篇文章

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Nov 6, 2017grave misconductcourt personnelsheriffcode of conduct for court personneladministrative casejudicial integrity

Sheriff's Suspension for Handling Litigant's Money: A Lesson in Judicial Integrity

A sheriff's attempt to pass a litigant's P7,500 to a prosecutor was grave misconduct. The Court explains why court personnel must never handle litigants' money.

Nov 6, 2017presumption of regularityadministrative caseprosecutorscode of professional responsibilitypreliminary investigationdisbarment

Presumption of Regularity Shields Prosecutors From Baseless Bias Claims

Supreme Court clarifies that prosecutors enjoy presumption of regularity in performing duties, dismissing baseless administrative bias complaint.

Nov 6, 2017civil-procedurerules-of-courtfinality-of-judgmentnotice-of-appeal3-day-notice-rulepersonal-service

Finality of Court Orders and the 3-Day Notice Rule: Ti v. Diño

The Supreme Court clarifies that defective motions do not toll the appeal period, and personal service is mandatory when practicable.

Oct 30, 2017reconstitution of titlelost certificate of titlerepublic act no. 26land registrationsupreme court ruling

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Lost Certificates of Title

The Supreme Court reinstates a trial court ruling on reconstituting a lost title, clarifying the rules on evidence and documentation.

Oct 23, 2017value-added taxvat refundequal protectiontaxationtourismsupreme court

VAT Refund for Tourists Upheld: Why the Supreme Court Found No Equal Protection Violation

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection and uniform taxation.

Oct 18, 2017civil procedureservice of summonsvoluntary appearancejurisdictionthird-party complaintprescription

Voluntary Appearance and Proper Service of Summons in Philippine Courts

Learn when a defendant's voluntary appearance cures defective summons and why improper service alone does not warrant dismissal.

Oct 18, 2017constructive dismissallabor lawillegal dismissalemploymentmanagement prerogative

When an Employer Fails to Provide Work: Constructive Dismissal in the Philippines

The Supreme Court explains when an employer's failure to give work assignments amounts to illegal constructive dismissal, and what workers must prove.

Oct 18, 2017notarized deedsforgeryproperty lawcivil lawsupreme courtevidence

Upholding Notarized Deeds: Supreme Court on Authenticity and Forgery in Property Sales

The Supreme Court affirms that notarized deeds enjoy a presumption of authenticity, and forgery claims require clear and convincing evidence to overturn them.

Oct 16, 2017land-title-registrationsubstantial-justiceprocedural-rulesphilippine-lawsupreme-court

Belated Evidence and Land Title Registration: Substantial Justice Prevails

Explore how the Supreme Court balances procedural rules with substantial justice in land title registration cases, ensuring fairness prevails.

Oct 11, 2017unlawful detainerejectmentproperty lawpossessiontorrens titlephilippine law

Unlawful Detainer: Tolerance vs. Right of Possession in Property Disputes

Philippine Supreme Court clarifies that in unlawful detainer cases, mere tolerance by the owner establishes possession, and ownership issues cannot be collaterally attacked.

Oct 11, 2017criminal-lawrobbery-with-raperapevictim-testimonyrevised-penal-codesupreme-court

Robbery with Rape: Proving Intent and Credibility of Victim Testimony

The Supreme Court affirms a robbery with rape conviction, explaining how intent to rob and credible victim testimony establish guilt.

Oct 11, 2017labor-lawredundancyillegal dismissalsecurity of tenurequitclaimmanagement prerogative

Redundancy Programs Ensuring Fairness IN Employee Selection

The Supreme Court rules that a redundancy program must use fair criteria in selecting employees to dismiss, not just general business logic.

Oct 11, 2017property-law

Land Rights Prior Subdivision Approval Does NOT Guarantee Free Patent Application Approval

Oct 11, 2017arrastre-operatorcargo-damageinsurance-subrogationprescriptionlimited-liabilityphilippine-law

Timely Claims and Limited Liability: Arrastre Operator Obligations in Cargo Damage Cases

A Supreme Court ruling clarifies when cargo damage claims against arrastre operators are timely filed and how liability limits apply.

Oct 11, 2017preliminary injunctionproperty lawcivil proceduretorrens systemirreparable injury

Injunction Relief in Property Disputes: Establishing Clear Rights and Irreparable Harm

The Supreme Court clarifies when courts may grant preliminary injunctions in property disputes, requiring actual existing rights and urgent necessity.

Oct 11, 2017psychological incapacityfamily codemarriage nullityarticle 36annulmentsupreme court

Psychological Incapacity: Mere Disagreement Is Not Grounds for Marriage Nullity

The Supreme Court clarifies that irreconcilable differences and personality clashes do not amount to psychological incapacity under Article 36 of the Family Code.

Oct 10, 2017administrative lawcourt administrationmitigating circumstancesclerks of courtocajudicial discipline

Judicial Accountability vs Mercy: Balancing Misconduct Penalties with Mitigating Circumstances

The Supreme Court shows how mitigating circumstances can temper penalties for court employees guilty of grave misconduct, gross neglect, and dishonesty.

Oct 10, 2017criminal-lawjurisdictiondrug-casessandiganbayande-limasupreme-court

Jurisdiction in Drug Cases: The Limits of Anti-Graft Authority and Protecting Individual Rights

The Supreme Court clarifies jurisdiction over drug cases involving public officials, emphasizing procedural rules and the hierarchy of courts.

Oct 10, 2017commission-on-auditprescriptionpublic-fundsnotice-of-disallowancegovernment-recoveryadministrative-law

Prescription and COA Authority Over Disbursed Public Funds: Ramiscal v. COA

The Supreme Court clarifies that the State's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Oct 10, 2017prescriptioncommission on auditpublic fundsnotice of disallowancegovernment recoveryadministrative law

State's Right to Recover Public Funds: Prescription Does Not Run Against the Government

Supreme Court rules the government's right to recover illegally disbursed public funds does not prescribe, but limits COA's power over tax collection.

Oct 9, 2017expropriationjust compensationproperty rightsroad wideningeminent domainphilippine law

Expropriation and Just Compensation: Protecting Property Rights in Road Widening Projects

Learn how Philippine law protects property owners in expropriation cases, ensuring just compensation for land taken for road widening projects.

Oct 9, 2017syndicated estafapresidential decree 1689revised penal codeinvestor protectionsecurities fraudcriminal law

Syndicated Estafa Liability and Investor Protection Under Philippine Law

Supreme Court affirms syndicated estafa conviction under PD 1689, clarifying liability of corporate officers and investor protection.

Oct 9, 2017criminal-lawchain-of-custodydangerous-drugsra-9165reasonable-doubtdrug-cases

Chain of Custody Breaches Lead to Acquittal in Drug Cases: People v. Lim Ching

Supreme Court acquits drug suspect after police breached chain of custody rules under Section 21, RA 9165, safeguarding the accused's right to proof beyond reasonable doubt.

Oct 9, 2017judicial ethicsadministrative casemediationcourt personnelsupreme courtjudges

When Judges Fall Short: Accountability, Mediation Rules, and Court Personnel Duties

Philippine Supreme Court ruling on judicial accountability, proper mediation referral, and the limits of delegating court personnel duties.