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显示第 5089–5112 篇,共 24,677 篇文章

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Sep 4, 2017quantum meruitcommission on auditgovernment contractspublic fundsdisallowance

Protecting Contractors: Quantum Meruit and COA Disallowances in Government Projects

Supreme Court clarifies when contractors may recover from void government contracts under quantum meruit, and the limits of COA's audit powers.

Sep 4, 2017labor-lawillegal-dismissalabandonmentsecurity-guardsterminationdue-process

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights

Philippine Supreme Court clarifies when a security guard who abandons his post may be validly dismissed versus illegally terminated.

Sep 4, 2017administrative caseclerk of courtcourt exhibitsneglect of dutyrules of court

Clerk of Court Liable for Simple Neglect of Duty Over Lost Firearm Exhibits

The Supreme Court holds a clerk of court guilty of simple neglect for losing firearm exhibits kept beyond case termination, explaining duties under Rule 136.

Sep 4, 2017administrative lawneglect of dutyclerk of courtcourt exhibitscustodia legisjudicial ethics

Court Clerk's Neglect of Duty: The Cost of Mishandling Exhibits in Custodia Legis

A clerk of court's failure to safekeep and dispose of exhibits led to a finding of simple neglect of duty, with lessons for all court personnel.

Sep 4, 2017legal ethicscode of professional responsibilityattorney neglectacceptance feeadministrative case

Attorney Neglect and the Duty to Return Fees: Ethical Boundaries in Legal Practice

When a lawyer takes a client's acceptance fee but renders no service, can the fee be kept? The Supreme Court says no.

Sep 4, 2017contract-lawconstructionwaiverestoppelsum-of-moneysupreme-court

Contractual Waivers and Delayed Claims: Quality Disputes in Construction Agreements

Examine how the Supreme Court enforced a contractual waiver clause in a construction dispute, barring a delayed quality claim.

Aug 30, 2017maritime lawseafarer rightsdeath benefitspoea-secconditional settlementlabor law

Conditional Settlement Protecting Seafarers Rights In Maritime Death Benefit Claims

Supreme Court rules a one-sided conditional settlement of a seafarer's death benefit claim cannot erase the employer's liability.

Aug 30, 2017agrarian reformprocedureappealdarabjust compensationsupreme court

Striking a Balance: Upholding Agrarian Justice Without Sacrificing Procedural Rules

The Supreme Court reminds appellate courts that minor procedural lapses should not defeat the right to appeal, especially in agrarian cases involving social justice.

Aug 30, 2017maritime lawcontributory negligenceallisiondamagessupreme courtphilippine law

Maritime Accidents and Shared Fault: When Contributory Negligence Affects Damage Claims

A Supreme Court ruling on maritime allision shows how contributory negligence can reduce damages even when another vessel caused the accident.

Aug 30, 2017self-defenseunlawful aggressionmurderrevised penal codecriminal lawsupreme court

Self-Defense Under Scrutiny: Establishing Unlawful Aggression in Homicide Cases

The Supreme Court clarifies when self-defense fails in homicide cases, emphasizing unlawful aggression and reasonable necessity of force.

Aug 30, 2017seafarersdisability compensationpoea-secpermanent total disabilitymaritime law

Seafarers Disability Claims: Timely Assessment and the Right to Compensation

The Supreme Court clarifies when a seafarer's disability becomes permanent and total if the company doctor fails to issue a timely assessment.

Aug 30, 2017withholding taxfinal withholding taxtax assessmentrevenue regulationsbirtax law

Withholding Tax Obligations: When Final Withholding Tax Becomes Due

Learn when final withholding tax obligations arise under Philippine tax law, based on a Supreme Court ruling on interest payments.

Aug 30, 2017corporation lawapparent authorityagencyestoppelcorporate officers

Apparent Authority: When a Corporation Is Bound by Its Agent's Actions

The Supreme Court explains when a corporation is estopped from denying its agent's apparent authority, binding it to contracts with innocent third parties.

Aug 30, 2017vat refundtax creditcourt of tax appealsjurisdictional deadlinebirinput vat

VAT Refund Claims: Why the 120-Day Rule Is Jurisdictional and Deadlines Matter

Learn how the Supreme Court's ruling in Aichi Forging clarifies the mandatory 120-day VAT refund waiting period and its impact on taxpayers.

Aug 30, 2017apparent authorityestoppelcorporation lawagencymortgage

Apparent Authority and Estoppel: When a Corporation Is Bound by Its Officer's Acts

The Supreme Court explains when a corporation is estopped from denying an officer's apparent authority to bind it to contracts with innocent third parties.

Aug 30, 2017administrative-lawdue-processombudsmansalngovernment-employeescivil-service

Due Process Rights and Fair Notice in Administrative Cases: The Iglesias Ruling

The Supreme Court clarifies that administrative due process requires fair notice of charges, but valid original allegations can still support dismissal.

Aug 30, 2017criminal lawillegal possession of firearmswarrantless arrestplain view doctrinepd 1866

Warrantless Arrest for Illegal Firearm Possession: Rights and Public Safety

The Supreme Court upholds a warrantless arrest for illegal firearm possession, clarifying the balance between constitutional rights and public safety.

Aug 30, 2017labor-lawprocedural-requirementscertiorarinlrcproject-employeessupreme-court

Dismissal Due to Technicality: Navigating Procedural Requirements in Labor Disputes

The Supreme Court affirms that strict compliance with procedural rules, like attaching certified true copies and stating material dates, is essential in certiorari petitions.

Aug 30, 2017immutability of judgmentsfinal judgmentsexecution of judgmentcivil procedureclerical errorsphilippine law

Immutability of Judgments: When Final Decisions Can Be Altered

Philippine Supreme Court explains the doctrine of immutability of judgments and its narrow exceptions, using a damages case as illustration.

Aug 30, 2017corporate lawinspection of corporate booksintra-corporate disputestockholder rightscorporation code

Corporate Inspection Rights: When Stockholder Disputes Become Intra-Corporate

Supreme Court clarifies when stockholder inspection disputes are intra-corporate controversies and how corporations may validly deny access to records.

Aug 30, 2017judicial misconductmarriage solemnizationadministrative casefamily codejudges

Judicial Misconduct When Solemnizing Marriages Goes Wrong

Two judges fined P40,000 each for sham wedding solemnization. Learn the rules on judicial marriage officiation.

Aug 30, 2017labor lawcertiorariprocedurenlrcsupreme court

Procedural Rigidity vs Substantive Justice: Certiorari Petitions in Labor Disputes

The Supreme Court clarifies when strict procedural rules in certiorari petitions outweigh substantive justice in labor cases.

Aug 29, 2017disbarmentnotarial lawlegal ethicssupreme courtadministrative case

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.

Aug 29, 2017real property taxlocal governmentelectric cooperativeepiralevylanao del norte

Taxing Power vs National Electrification: LGU Levy on Electric Cooperatives

Supreme Court rules LGUs may levy electric cooperative properties for unpaid real property taxes despite EPIRA restrictions.