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显示第 8761–8784 篇,共 24,714 篇文章

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Apr 17, 2013administrative lawneglect of dutycourt personnelcivil servicedisciplinary action

Court Personnel Neglect of Duty: When Delayed Case Records Trigger Administrative Liability

Philippine Supreme Court ruling on simple neglect of duty by court personnel who delayed transmitting appeal records, with penalties explained.

Apr 17, 2013criminal lawentrapmentinstigationbuy-bust operationdangerous drugsra 9165

Entrapment vs. Instigation: Safeguards Against Illegal Drug Sale Convictions

Explaining the difference between entrapment and instigation in buy-bust operations, and when courts may acquit in drug cases.

Apr 17, 2013property-lawforum-shoppingunlawful-detainerpossessionpublic-landejectment

Possession vs Ownership: Forum Shopping in Land Dispute Cases

When two ejectment suits over one lot become forum shopping, and why actual possession matters more than tax declarations.

Apr 17, 2013agrarian reformdarabadministrative lawlegal ethicsdue processwrit of possession

Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process

A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.

Apr 17, 2013criminal-law

Moral Ascendancy AS Force Rape Conviction Upheld Despite Absence OF Physical Violence

Apr 17, 2013labor-lawsalary-standardizationgovernment-employeesrataphilippine-ports-authoritysupreme-court

Salary Standardization Incumbency Determines RATA Entitlement

Philippine Supreme Court clarifies that RATA benefits under the Salary Standardization Law apply only to incumbents as of July 1, 1989.

Apr 16, 2013election-law

Party List System Ensuring Genuine Representation AND Addressing Nominee Qualifications

Apr 16, 2013writ of amparoenforced disappearanceright to securityhuman rightsphilippine supreme courtaccountability

The Writ of Amparo and Enforced Disappearances: Accountability Beyond Criminal Guilt

The Supreme Court clarifies the writ of amparo's preventive and curative roles in enforced disappearance cases, emphasizing the duty to investigate.

Apr 16, 2013dual citizenshipelection lawdisqualificationcertificate of candidacylocal government codera 9225

Dual Citizenship and Public Office: When Using a Foreign Passport Disqualifies a Candidate

The Supreme Court rules that using a foreign passport after renouncing foreign citizenship disqualifies a candidate from running for local office.

Apr 16, 2013election-lawelectoral-protestshretautomated-electionsballotselection-returns

Ballots vs Election Returns: Authenticity Prevails in Electoral Protests

When physical ballots are tampered, election returns become the best evidence of voter intent. Learn the rule from the Vinzons-Chato case.

Apr 16, 2013election-lawparty-listcomelecinternal-disputesnominee-qualificationjurisprudence

Party Autonomy vs Individual Rights in Party-List Internal Disputes

Supreme Court ruling on COMELEC’s authority to resolve internal party-list disputes and cancel registrations for nominee disqualification.

Apr 16, 2013security of tenurecareer executive servicecescivil servicequo warrantommda

Security of Tenure and CES Appointments: Lessons from De Castro v. Carlos

Explaining when a government position belongs to the Career Executive Service and what security of tenure really means for presidential appointees.

Apr 15, 2013property lawland disputesreconveyancesurvey errorscivil lawtorrens title

Property Rights and Survey Errors: Resolving Land Disputes Through Proper Legal Action

A Supreme Court ruling explains why survey errors must be corrected administratively, not through court actions for reconveyance.

Apr 15, 2013consignationcivil lawjurisdictionhlurbloan paymentsupreme court

Judicial Consignation: Paying a Loan When the Creditor’s Identity Is Unclear

When two entities claim the right to collect a debt, judicial consignation lets the debtor deposit payment in court and be released.

Apr 15, 2013labor-lawmanagement-prerogativenon-diminution-rulevoluntary-arbitrationemployee-benefitssupreme-court

Management Prerogative vs Employee Benefits: When Removing Workplace Chairs Is Valid

Supreme Court ruling on when management can remove workplace amenities without violating labor laws or the non-diminution rule.

Apr 15, 2013co-ownershipejectmentunlawful detainerproperty lawcivil codephilippine law

Co-Owner's Right to File Ejectment: Clarifying Philippine Rules on Co-Ownership and Unlawful Detainer

Can one co-owner file ejectment without joining others? The Supreme Court clarifies co-owners' rights under Article 487 in Catedrilla v. Lauron.

Apr 14, 2013co-ownershipejectmentunlawful detainerproperty lawcivil codesupreme court ruling

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Apr 11, 2013administrative-lawcommission-on-auditexhaustion-of-administrative-remediesgsisspecial-auditjurisdiction

Exhaustion of Administrative Remedies and COA Audit Jurisdiction Over GSIS Transactions

Supreme Court rules GSIS must exhaust COA remedies before court action; special audit teams validly constituted.

Apr 11, 2013notarial practiceadministrative lawlegal ethicssupreme courtlawyer disciplinecode of professional responsibility

Unauthorized Notarization: When a Lawyer’s Integrity Is Put on the Line

A lawyer who notarizes documents without a commission faces suspension and disqualification, as the Supreme Court reminds the bar.

Apr 11, 2013local-governmentsmall-scale-miningdenrmining-lawlocal-autonomysupreme-court

Local Autonomy vs State Control: DENR's Authority Over Small-Scale Mining Permits

The Supreme Court upholds DENR's power to review and cancel small-scale mining permits issued by provincial governors, clarifying limits of local autonomy.

Apr 11, 2013grave misconductadministrative lawextortionpublic servicecivil service commissionreassignment

Demanding Money for Reassignment: Extortion as Grave Misconduct in Public Service

When a fire marshal demanded P5,000 from subordinates to keep their posts, the Supreme Court upheld his dismissal for grave misconduct.

Apr 11, 2013election-lawdue-processelection-protestssupreme-courtintegrated-barphilippines

Due Process in Philippine Election Protests: Ensuring Fair Notice and Participation

Philippine election protest rules require due process—fair notice and participation—before any electoral outcome is overturned.

Apr 10, 2013tax-law

Directors' Bonuses and Withholding Tax: Clarifying Employee Status in Philippine Tax Law

Philippine Supreme Court ruling on directors' bonuses, withholding tax on compensation, and the definition of received a Letter of Authority in 1998 to examine its books for taxable year 1997. Followi

Apr 10, 2013criminal-lawchain-of-custodydangerous-drugsbuy-bustra-9165supreme-court

Chain of Custody in Drug Cases: Integrity Over Strict Compliance

The Supreme Court clarifies that substantial compliance with Section 21, RA 9165 suffices when the drug's integrity and evidentiary value are preserved.