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显示第 6385–6408 篇,共 24,693 篇文章

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Mar 16, 2016legal ethicsprofessional misconductattorney's feesquantum meruitcode of professional responsibilitysupreme court

Lawyers Must Return Fees for Incompetent Service: A.C. No. 10543

When a lawyer accepts a case beyond their competence, they must return the full fees paid. The Supreme Court explains the rule on quantum meruit.

Mar 16, 2016forcible entryunlawful detainerejectmentjurisdictioncivil procedure

Choosing the Right Ejectment Case: Forcible Entry vs. Unlawful Detainer

The Supreme Court clarifies the distinction between forcible entry and unlawful detainer, and why filing the wrong ejectment case can be fatal to a claim.

Mar 16, 2016civil-procedurecounsel-negligencefailure-to-prosecuterule-65rule-41supreme-court

Counsel Negligence and Client Responsibility: When Procedural Dismissals Stand in Philippine Courts

Philippine Supreme Court clarifies when a client is bound by counsel's negligence and why dismissal for failure to prosecute is a final, appealable order.

Mar 16, 2016derivative suitinterventioncorporation lawthird-party mortgagebangko sentralcivil procedure

Clarifying Derivative Suits: When Can Third-Party Mortgagees Intervene?

The Supreme Court clarifies when a case is truly a derivative suit and whether third-party mortgagees may intervene in such actions.

Mar 15, 2016criminal lawplunderprobable causeconspiracypdafombudsman

Probable Cause and Conspiracy in the PDAF Scam: The Reyes v. Ombudsman Ruling

The Supreme Court's 2016 ruling in Reyes v. Ombudsman explains how probable cause and conspiracy work in plunder cases—and why courts rarely disturb the Ombudsman.

Mar 14, 2016labor lawillegal dismissalwillful disobediencejust causeterminationcooperatives

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.

Mar 14, 2016labor-lawwillful-disobedienceillegal-dismissalcooperativedue-processtermination

Willful Disobedience: When a Cooperative Employee Defies Direct Orders

Explore when an employee's defiance of a board's lawful orders constitutes willful disobedience justifying dismissal under Philippine labor law.

Mar 14, 2016labor-lawwillful-disobedienceillegal-dismissalterminationdue-processcooperative

Willful Disobedience in the Workplace: When Can an Employee Be Dismissed

Learn when willful disobedience justifies dismissal under Philippine labor law, based on a Supreme Court ruling on a cooperative cashier.

Mar 9, 2016corporate lawstock ownershipelection contestcorporation codequorum

Corporate Control and Stock Ownership: Resolving Disputes in Philippine Corporations

A Supreme Court ruling clarifies how stock ownership disputes affect corporate elections and why prior rulings cannot be overstretched.

Mar 9, 2016chattel mortgageforeclosurerepossessionlender dutiesconsumer protectioncivil law

Chattel Mortgage Foreclosure: Lender's Duty After Repossession in the Philippines

Learn the lender's obligations after chattel mortgage foreclosure and repossession in the Philippines, including redemption rights and borrower protections.

Mar 9, 2016disbarmentadministrative lawnlrcquasi-judicial officersforum shoppingprofessional responsibility

Dismissal of Disbarment Complaint Upholds Independence of Quasi-Judicial Officers

Supreme Court dismisses disbarment complaint against NLRC commissioners, warning against using disciplinary cases to harass adjudicators.

Mar 9, 2016corporate lawintra-corporate disputeselection contestsproxy rightsstockholders meetingprescription

Upholding Corporate Meeting Validity Proxy Rights AND Timeliness IN Intra Corporate Disputes

Supreme Court rules on proxy rights, notice requirements, and the 15-day prescriptive period for election contests in intra-corporate disputes.

Mar 9, 2016bill of ladingcommon carriercarrier liabilitycode of commercecommercial law

Bill of Lading and Carrier Liability: When Delivery Without Surrender Is Allowed

Philippine Supreme Court clarifies when a carrier may release goods without the original bill of lading, and why the seller's unpaid claim lies against the buyer, not the carrier.

Mar 9, 2016dishonestypersonal data sheetadministrative offensejudgescivil service

Failure to Disclose Administrative Offense in PDS Results in One-Year Suspension

A judge's failure to disclose a prior administrative case in his Personal Data Sheet constitutes dishonesty, resulting in suspension.

Mar 9, 2016mandamusinformer's rewardcustomstax lawadministrative lawsupreme court

The Limits of Mandamus in Enforcing Disputed Informer's Rewards

When can a court compel payment of an informer's reward? The Supreme Court clarifies that mandamus only lies for clear, undisputed rights.

Mar 9, 2016criminal-lawrobberyeyewitness-testimonycredibilityalibisupreme-court

Eyewitness Testimony and Credibility in Robbery Cases: Ensuring Fair Convictions

The Supreme Court affirms that credible eyewitness testimony prevails over denial and alibi in robbery cases, explaining how courts assess witness credibility.

Mar 9, 2016labor-lawprivatizationseparation-payasset-privatization-trustprescriptive-periodgovernment-liability

Privatization and Labor Rights: When Asset Transfers Create Employer Liability

A look at when government asset privatization creates employer liability and how workers can claim separation benefits.

Mar 9, 2016fixed-term employmentsecurity of tenurelabor lawproject employeesphilippine supreme court

Fixed-Term Contracts: Balancing Employer Flexibility and Employee Security of Tenure

Philippine Supreme Court clarifies when fixed-term employment contracts are valid and do not circumvent security of tenure.

Mar 9, 2016criminal-law

Rape Conviction Affirmed Addressing Inconsistencies AND Damage Awards IN Cases OF Sexual Assault

Mar 9, 2016intra-corporate disputeselection contestsprescriptioncorporation lawinterim rulessupreme court

Prescription in Intra-Corporate Disputes: The 15-Day Rule for Election Contests

Philippine Supreme Court clarifies that actions to nullify stockholders' meetings and elections are election contests subject to the 15-day prescriptive period.

Mar 9, 2016compromise agreementres judicataannulment of judgmentrule 47civil procedure

Judicial Approval Makes Compromise Agreements Final and Executory

A compromise agreement approved by the court becomes a final judgment. Annulment is limited to Rule 47 remedies.

Mar 8, 2016election-lawmandamuscomelecvoter-verified-paper-audit-trailautomated-election-systemsupreme-court

Comelec Must Enable Voter Verified Paper Audit Trail: Mandamus Granted

Supreme Court compels Comelec to activate VVPAT feature, affirming voters' right to verify their ballots under election law.

Mar 8, 2016judicial ethicsundue delayadministrative casejudgescode of judicial conduct

Judicial Efficiency: Timely Resolution of Cases and Disciplinary Action for Undue Delay

The Supreme Court holds judges accountable for undue delay in resolving cases, imposing fines for violations of the 90-day rule.

Mar 8, 2016legal-ethics

Undue Delay IN Judicial Proceedings A Judges Responsibility TO Timely Resolution