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显示第 8545–8568 篇,共 24,713 篇文章

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Jul 31, 2013labor-lawunion-securityunfair-labor-practicedue-processsupreme-courtphilippines

Union Security Clauses: Balancing Union Rights and Employee Protection in the Philippines

Philippine Supreme Court ruling on union security clauses, expulsion, due process, and unfair labor practice claims.

Jul 31, 2013anti-graftra 3019ghost purchasespublic officerssandiganbayanevident bad faith

Ghost Purchases and Public Trust: When Oversight Reliance Fails in Graft Cases

The Supreme Court affirms graft convictions for ghost purchases, clarifying when public officers cannot rely on subordinates' work to escape liability.

Jul 31, 2013torrens titleland registrationphilippine jurisprudenceproperty lawreconveyance

When a Torrens Title Is Questioned: VSD Realty v. Uniwide and the Remand for Fact-Finding

The Supreme Court remanded a decades-old land dispute to the Court of Appeals to determine which of two conflicting titles traces back to the genuine OCT No. 994.

Jul 31, 2013land ownershipdecree of registrationtax declarationstorrens titlelachescivil law

Decree of Registration Prevails Over Tax Declarations in Land Ownership Disputes

Supreme Court ruling on why a decree of registration outweighs tax declarations and receipts in land ownership disputes.

Jul 31, 2013agencyproperty lawcorporation codedeed of salecivil codephilippine law

Agency and Authority: When a Deed Does Not Mean a Done Deal in Property Sales

Philippine Supreme Court ruling on when a deed of sale is void without proper agency authority under the Civil Code.

Jul 31, 2013criminal-lawvatcontract-lawsupreme-courttax-liabilitymemorandum-of-agreement

Appeal Denied: Understanding Timeliness and Binding Counsel in Philippine Law

A look at Mendiola v. Commerz Trading, where the Supreme Court clarified VAT liability and the binding effect of contractual stipulations between parties.

Jul 29, 2013labor-lawillegal-dismissalvoluntary-resignationproject-employeesregular-employmentsupreme-court

Voluntary Resignation vs Illegal Dismissal: Protecting Employee Rights in the Philippines

When is a resignation voluntary? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases involving claims of voluntary resignation.

Jul 29, 2013legal ethicsconflict of interestcode of professional responsibilitydisciplinary actionsupreme courtlawyers

Upholding Client Loyalty Disciplinary Action FOR Attorneys Representing Conflicting Interests IN THE Philippin

A lawyer cannot represent opposing clients even in unrelated cases. The Supreme Court explains the rule on conflicting interests and its consequences.

Jul 29, 2013judicial ethicsadministrative liabilityjudgesgross inefficiencyvoluntary inhibition

When Judges Err: Administrative Liability vs. Judicial Remedies in the Philippines

Supreme Court clarifies when judges face administrative sanctions for errors, misconduct, and delay in deciding cases, and when judicial remedies apply instead.

Jul 29, 2013civil-procedureindispensable-partiesbirth-certificatepublic-recordsevidencephilippine-law

Proper Documentation Matters: When Belated Birth Registration Fails in Philippine Law

The Supreme Court nullified a correction of birth date in police service records for lack of indispensable parties and weak evidence. Learn the rules.

Jul 29, 2013property-lawdue-processquieting-of-titlethird-party-claimexecution-salehlurb

Due Process Prevails: Protecting the Rights of Unheard Parties in Property Disputes

A property buyer not impleaded in a prior case cannot be bound by its ruling. The Supreme Court affirms the right to due process in separate actions.

Jul 29, 2013labor-lawillegal-dismissalproject-employeesvoluntary-resignationregular-employmentsupreme-court

Project Employees and Voluntary Resignation: Lessons from D.M. Consunji v. Bello

When does a project employee become regular, and what proves voluntary resignation? The Supreme Court clarifies in D.M. Consunji v. Bello.

Jul 29, 2013corporate rehabilitationinsolvencycram-down rulesecured creditorsfinancial distress

Rehabilitation Over Liquidation: Protecting Corporate Viability in Financial Distress

The Supreme Court affirms that corporate rehabilitation, not liquidation, is preferred when a distressed firm can be revived and creditors remain protected.

Jul 29, 2013agrarian reformjust compensationland valuationland bankproperty law

Just Compensation in Agrarian Reform: Balancing Land Valuation Factors

The Supreme Court explains how courts balance CNI, CS, and MV factors in determining just compensation for agrarian reform lands.

Jul 29, 2013eminent domainjust compensationrule 67expropriationnational power corporationproperty law

Substantial Compliance in Appointing Commissioners for Just Compensation

The Supreme Court clarifies when appointing a committee instead of individual commissioners in expropriation cases amounts to substantial compliance with Rule 67.

Jul 29, 2013indispensable partiescorrection of public recordsadministrative lawphilippine national policecivil procedure

Indispensable Parties: Why Government Agencies Must Be Included in Correction of Public Record Cases

The Supreme Court nullified a correction of birth date ruling because government agencies were not impleaded as indispensable parties. Learn the rules.

Jul 29, 2013civil-law

Judicial Conduct Upholding Impartiality AND Addressing Delays IN Decision Making

Jul 29, 2013receivershiprule 59property lawcivil proceduresupreme court

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Jul 29, 2013administrative-law

Upholding Integrity Dismissal FOR Dishonesty IN Government Service

Jul 29, 2013labor lawillegal dismissalvoluntary resignationproject employeeregular employment

Voluntary Resignation Defense in Illegal Dismissal Cases: The Burden on Employers

When can an employer rely on a resignation letter? The Supreme Court clarifies the burden of proof in illegal dismissal cases involving claims of voluntary resignation.

Jul 24, 2013criminal lawrobbery with homicideeyewitness testimonydeaf-mute witnessevidencerevised penal code

When a Deaf-Mute Eyewitness Testifies: Credibility and Positive Identification in Robbery with Homicide

The Supreme Court affirms a robbery with homicide conviction based on a deaf-mute eyewitness's credible testimony and positive identification of the accused.

Jul 24, 2013maritime-law

Finished Contract VS Medical Repatriation Understanding Seafarer Disability Claims IN THE Philippines

Jul 24, 2013insurance lawsubrogationcarriage of goodsarrastre operatorcommon carriercogsa

Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage

Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.

Jul 24, 2013real-estate-lawmaceda-lawcontract-to-sellinteresttender-of-paymentconsignation

Interest on Installment Payments: When Does the Clock Stop Ticking

A buyer's mere letter of intent to pay does not stop interest from running. The Supreme Court explains tender of payment and consignation rules.