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显示第 5449–5472 篇,共 24,680 篇文章

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Apr 17, 2017civil-procedurecounsel-negligenceprocedural-rulessubstantial-justiceunlawful-detainersupreme-court

Client Bound by Counsel's Negligence? SC Relaxes Rules in Pontillas Construction Dispute

Supreme Court reminds courts that procedural rules serve justice, not hinder it, in a case involving counsel's lapses.

Apr 17, 2017salnadministrative lawdishonestypublic officialsra 6713civil service

SALN Non-Disclosure: Intent Matters in Administrative Penalties for Public Officials

The Supreme Court clarifies that mere SALN omissions do not automatically mean dishonesty—intent to deceive must be shown.

Apr 17, 2017anti-money launderingforum shoppingprobable causefreeze orderbank inquiryamlc

Forum Shopping and Probable Cause: Safeguards Against Abuse in Anti-Money Laundering Cases

The Supreme Court clarifies the limits of freeze orders and bank inquiries in AMLA cases, penalizing forum shopping and demanding real probable cause.

Apr 17, 2017criminal-law

Official Overreach When A Mayors Discretion Becomes Illegal Disadvantage

Apr 17, 2017labor-lawconstructive-dismissaldemotionanti-unionillegal-terminationcorporation-code

Constructive Dismissal, Demotion, and Anti-Union Acts as Illegal Termination

When demotion and anti-union harassment amount to constructive dismissal, and how corporate mergers affect liability.

Apr 17, 2017project employeesregular employmentlabor codesecurity of tenurejurisprudence

Project Employees Remain Non-Regular Despite Repeated Rehiring: Herma Shipyard Case

Supreme Court clarifies that project employees performing necessary tasks and repeatedly rehired do not automatically become regular employees.

Apr 17, 2017project employeesregular employmentfixed-term contractslabor lawsecurity of tenurephilippine supreme court

Project vs Regular Employment: Defining Boundaries of Fixed-Term Contracts in the Philippines

The Supreme Court clarifies when project-based employees become regular employees and the validity of fixed-term contracts in Philippine labor law.

Apr 17, 2017speedy dispositioninordinate delaypreliminary investigationombudsmananti-graftcriminal procedure

Speedy Disposition of Cases: Balancing Delay and Due Process in Philippine Law

The Supreme Court clarifies the balancing test for inordinate delay in preliminary investigations, affirming that prosecutors must justify delays.

Apr 17, 2017banking-law

Insurance Proceeds AND Corporate Rehabilitation Land Banks Obligation TO Reimburse

Apr 17, 2017labor-lawproject-employeesregular-employmentsecurity-of-tenurelabor-code

Project Employees vs Regular Employees: When Contracts Determine Labor Status

Supreme Court clarifies when project-based employees remain project employees despite repeated rehiring and performing tasks necessary to business.

Apr 17, 2017excise taxsin tax lawcigarettesrevenue regulationsadministrative lawbir

Excise Tax on Cigarette Bundles: The Sin Tax Law and Packaging Rules

The Supreme Court ruled that excise tax applies to a 20-stick bundle as a whole, not to individual 5s or 10s pouches.

Apr 17, 2017mandamusbarangay fundslocal government codeclear legal rightsupreme courtdavao

Mandamus and Barangay Funds: The Imperative of a Clear Legal Right

A barangay official ousted by final court ruling cannot compel fund release via mandamus without a clear legal right.

Apr 17, 2017administrative-lawspeedy-dispositionombudsmananti-graftlegal-ethicssandiganbayan

Public Duty vs Private Interest: When a Prosecutor’s Delay Betrays Legal Ethics

The Supreme Court clarifies that a prosecutor's duty to expedite cases is not excused by a respondent's failure to assert the right to speedy disposition.

Apr 10, 2017civil-lawfinal-judgmentexecutionland-reclamationprocedure

Final Judgment Immutability and Limits of Execution in Land Reclamation Disputes

Philippine Supreme Court ruling on final judgment immutability, execution limits, and procedural remedies in land reclamation disputes.

Apr 5, 2017co-ownershiplease agreementconjugal propertyunlawful detainerfamily codeestate settlement

Co-Ownership and Lease Agreements: Property Rights After a Spouse's Death

Learn how the Supreme Court resolved lease, co-ownership, and property rights disputes after a spouse's death in Uy v. Estate of Vipa Fernandez.

Apr 5, 2017civil-law

Protecting Conjugal Property DUE Process IN Summons AND Third Party Claims

Apr 5, 2017value-added taxhealth maintenance organizationletter of authoritytax assessmentgross receiptsdue process

HMO VAT Assessments Void Without Letter of Authority: Medicard Case

Supreme Court voids HMO VAT assessment without Letter of Authority; only service fees, not earmarked medical funds, are taxable gross receipts.

Apr 5, 2017certiorarigrave abuse of discretioncivil procedurerule 65rule 17dismissal of action

Certiorari as Exception to Appeal: Grave Abuse of Discretion in Court Dismissals

When can certiorari replace appeal? The Supreme Court explains the exceptions in Martinez v. Buen, including grave abuse of discretion.

Apr 5, 2017letter of authoritybir assessmentdue processvalue-added taxhmogross receipts

BIR Assessments Without a Letter of Authority Are Void for Lack of Due Process

Philippine Supreme Court voids BIR deficiency assessments issued without a Letter of Authority, and clarifies HMO gross receipts for VAT.

Apr 5, 2017criminal-law

Reasonable Doubt Prevails Acquittal IN Rape Case Hinges ON Consensual Circumstances

Apr 4, 2017administrative lawgross neglect of dutyundue delaycourt personneljudicial discipline

When Court Staff Fail: Accountability for Delayed Case Resolution

A Supreme Court ruling clarifies that judges cannot hide behind staff negligence when motions remain unresolved for years.

Apr 4, 2017administrative lawjudiciaryneglect of dutysupreme courtjudgesclerks of court

Accountability in the Judiciary: Judges and Clerks Held Liable for Neglect of Duty

The Supreme Court reminds judges and court clerks that negligence delays justice. Learn the rules on accountability from a 2017 case.

Apr 3, 2017civil lawcivil registrycorrection of entryra 9048jurisdictionsupreme court

Correcting Birth Certificate Entries: When Courts Lack Jurisdiction Under RA 9048

Philippine Supreme Court clarifies when correction of first name in birth certificate requires administrative remedy under RA 9048, not court petition.

Apr 3, 2017civil lawbirth certificatecorrection of entryrule 108ra 9048change of name

Correcting Birth Certificate Entries: When to File with the Civil Registrar or the Court

Philippine Supreme Court clarifies when birth certificate corrections need administrative filing under RA 9048 versus judicial action under Rule 108.