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显示第 6529–6552 篇,共 24,697 篇文章

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Jan 26, 2016civil-law

Notarial Misconduct Lawyers Accountability FOR Improper Notarization

Jan 26, 2016government auditcommission on auditdisallowancegood faithsalary standardization lawgovernment benefits

Disallowed Government Benefits and Good Faith Refund Rules: Zamboanga City Water District v. COA

When do government employees and officers have to refund disallowed benefits? The Supreme Court clarifies the good faith rule in this case.

Jan 26, 2016election-lawcomelecexecution-pending-appealelection-officersbarangay-electionsjurisdiction

COMELEC Authority Over Election Officers and Execution Pending Appeal Rules

Supreme Court clarifies COMELEC's supervisory power over election officers and when courts lose jurisdiction to order execution pending appeal.

Jan 26, 2016legal-ethics

Upholding Lawyers Duty Honesty AND Diligence IN Legal Practice

Jan 26, 2016legal ethicscode of professional responsibilitybouncing checksadministrative lawsupreme courtlawyers

When Lawyers Issue Bouncing Checks: Good Faith Is No Defense in Disciplinary Cases

The Supreme Court suspends a lawyer for two years for issuing worthless checks, clarifying that good faith is not a defense in disciplinary proceedings.

Jan 26, 2016notarial practicelegal ethicslawyer disciplinenotary publiccode of professional responsibility

Lawyer Suspended for Notarizing Without Commission and Dishonoring Financial Obligations

Supreme Court suspends lawyer for two years and permanently disqualifies him as notary for notarizing documents without a commission and for dishonesty.

Jan 26, 2016moral turpitudeelectoral disqualificationomnibus election codelibelpublic office eligibilitycertificate of candidacy

Moral Turpitude and Electoral Disqualification: Defining the Boundaries of Public Office Eligibility

The Supreme Court rules that libel is a crime involving moral turpitude, disqualifying a convicted candidate from public office under the Omnibus Election Code.

Jan 26, 2016legal ethicsdisbarmentcode of professional responsibilityforgerymarriage nullityadministrative case

Disbarment for Forgery and Misrepresentation in Marriage Nullity Case

Supreme Court disbars lawyer who filed nullity petition without client's consent, forged signature, and misrepresented herself as counsel.

Jan 26, 2016legal ethicscode of professional responsibilitysuspensionbouncing checksadministrative caselawyer discipline

Lawyer Suspended for Dishonoring Obligations and Issuing Bouncing Checks

Supreme Court suspends lawyer for two years for issuing worthless checks and evading debts, violating the Code of Professional Responsibility.

Jan 26, 2016election lawmoral turpitudedisqualificationomnibus election codelibelsupreme court

Moral Turpitude and Electoral Disqualification: Defining the Limits of Eligibility

A libel conviction bars a candidate from office for five years. The Supreme Court explains why in Ty-Delgado v. HRET.

Jan 26, 2016legal-ethics

Breach OF Duty Disbarment FOR Unauthorized Notarization AND Violation OF Lawyers Oath

Jan 25, 2016criminal-lawdrug-paraphernaliawarrantless-arrestchain-of-custodyra-9165supreme-court

Possession of Drug Paraphernalia: Warrantless Arrests and Chain of Custody Explained

The Supreme Court clarifies when warrantless arrests are valid and how chain of custody rules apply in drug paraphernalia cases under RA 9165.

Jan 25, 2016administrative lawdue processcivil servicesubstantial evidenceang tibaygovernment employees

Due Process in Administrative Cases: When Undisclosed Evidence Voids a Dismissal

The Supreme Court reinstates a PDEA agent dismissed for grave misconduct, ruling that decisions must rest on evidence disclosed to the accused.

Jan 25, 2016labor-lawunfair-labor-practiceself-organizationunion-membershipintra-union-disputelabor-code

Union Officers' Failure to Act on Member's Appeal Is Unfair Labor Practice

Supreme Court rules union officers who ignore a member's appeal commit unfair labor practice violating the right to self-organization.

Jan 25, 2016unlawful detainerjurisdictionaccion publicianartcmtcrecovery of possession

When Courts Lack Jurisdiction: Unlawful Detainer and the Limits of Mandamus in Local Governance

Understand when a case is unlawful detainer vs. accion publiciana, and why jurisdictional errors void court decisions.

Jan 25, 2016labor-lawunfair-labor-practiceunion-membershipdue-processintra-union-disputeself-organization

Union Members' Right to Due Process in Suspension and Expulsion Cases

Supreme Court rules union officers liable for unfair labor practices when they ignore members' appeals from suspension and expulsion.

Jan 25, 2016civil-laweasementright-of-wayproperty-lawservient-estatesupreme-court

Easement of Right of Way: Balancing Dominant Needs and Servient Rights

Philippine Supreme Court clarifies when a right of way may be denied, favoring least prejudice to the servient estate over shortest distance.

Jan 25, 2016criminal-lawdrug-offensesbailarrestchain-of-custodyra-9165

When Silence Isnt Golden: The High Cost of Jumping Bail in Philippine Drug Cases

Learn how failing to contest an arrest early can doom a drug case defense, as shown in Saraum v. People.

Jan 20, 2016illegal recruitmentlabor lawoverseas employmentra 8042labor codecriminal law

Illegal Recruitment: When Promising Overseas Jobs Without a License Becomes a Crime

The Supreme Court clarifies when promising overseas employment without a license constitutes illegal recruitment in large scale under Philippine law.

Jan 20, 2016agrarian reformretention rightsra 6657dar administrative orderslandowner rightscarp

Landowner Retention Rights: When Selling Land Does Not Waive the Five-Hectare Limit

The Supreme Court clarifies when a landowner's sale of agricultural land does not waive the right to retain five hectares under agrarian reform.

Jan 20, 2016civil procedurejudgment on the pleadingsrules of courtadmissionsanswer

Judgment on the Pleadings: When Admissions in an Answer Bind a Party

Philippine Supreme Court clarifies when admissions in an answer justify judgment on the pleadings, and why courts cannot look outside the pleadings.

Jan 20, 2016derivative suitcorporation lawstockholder remediesintra-corporate disputecorporate rightsphilippine supreme court

Derivative Suits vs Individual Stockholder Claims: Florete v. Florete

Philippine Supreme Court clarifies when stockholders must file derivative suits rather than individual actions for corporate wrongs.

Jan 20, 2016execution pending appealmoral damagesattorney's feescivil procedurerule 39supreme court

Execution Pending Appeal: Moral Damages and Attorney's Fees Excluded

Supreme Court rules moral damages, exemplary damages, and attorney's fees cannot be included in execution pending appeal. Learn the rules.

Jan 20, 2016tax refundvatcourt of tax appealscommissioner of internal revenue120-day rulejurisprudence

Untimely Tax Refund Claims: The Mandatory 120+30 Day Rule

Why filing a VAT refund case before the 120-day period expires can cost a taxpayer everything, even a valid claim.