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显示第 8857–8880 篇,共 24,714 篇文章

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Mar 12, 2013criminal-procedurejudgment-in-absentiadue-processappealpromulgation-of-judgmentphilippine-law

Judgment in Absentia: Balancing Due Process and Timely Justice in Philippine Law

The Supreme Court clarifies when judgment in absentia is valid, the limits of appeal, and how courts correct illegal penalties despite finality.

Mar 12, 2013administrative-lawdismissal-from-servicegrave-misconductombudsmanprocedural-rulesrule-65

Dismissal for Misconduct When Neglect and Delay Cost Judicial Positions

A municipal treasurer's dismissal for serious dishonesty and grave misconduct was upheld despite procedural lapses, as the Supreme Court ruled on appeal rules and substantial justice.

Mar 12, 2013police powereminent domainproperty rightslocal governmentordinancedue process

When Police Power Oversteps: The Marikina Fence Ordinance and Property Rights

The Supreme Court struck down Marikina's fence ordinance as an oppressive exercise of police power, protecting private property and privacy rights.

Mar 11, 2013vat refundprescriptive periodtax lawcourt of tax appealsequitable estoppelphilippine tax

Navigating VAT Refund Claims: Prescriptive Periods and Equitable Estoppel in Philippine Tax Law

Philippine Supreme Court clarifies the two-year prescriptive period for VAT refund claims and the mandatory 120-day waiting period before judicial appeal.

Mar 11, 2013legal ethicsattorney negligencequo warrantoadministrative casecode of professional responsibility

Lawyer Suspended for Failing to Appeal Client's Quo Warranto Case

Supreme Court suspends lawyer for three months for gross negligence in failing to appeal a quo warranto decision, causing client's removal from office.

Mar 11, 2013property-law

Writ OF Possession Rights OF Third Parties IN Foreclosure Sales

Mar 11, 2013property-laweasementpublic-dominionland-disputeswater-codeurban-development

Public Easements in Land Disputes: Private Rights vs Public Welfare

The Supreme Court clarifies that 3-meter easements along rivers and streams are public property, limiting private landowner rights.

Mar 11, 2013administrative lawretirementjurisdictionjudgesoca

Retirement Bars Administrative Action: Jurisdictional Limits in Philippine Law

When a judge retires before an administrative complaint is filed, the Court loses jurisdiction to penalize him. This article explains the rule.

Mar 6, 2013labor lawunfair labor practicemanagement prerogativecontractualizationlabor code

Management Prerogative vs Unfair Labor Practice: When Cost-Cutting is Lawful

Supreme Court clarifies when a manpower rationalization program is valid management prerogative, not unfair labor practice.

Mar 6, 2013agrarian reformcertificate of land transferpd 27ra 6657land ownershipdarab

Cultivation and Compliance: Land Ownership Under Agrarian Reform

The Supreme Court clarifies that a Certificate of Land Transfer confers only an inchoate right—full ownership requires compliance with agrarian reform conditions.

Mar 6, 2013judicial efficiencygross inefficiencysupreme courtadministrative lawjudge sanctions90-day rule

Judicial Efficiency: How the Supreme Court Sanctions Undue Delay in Courts

The Supreme Court fined a judge P40,000 for gross inefficiency after failing to decide dozens of cases within the 90-day period required by the Constitution.

Mar 6, 2013corporate lawstock certificaterescissionshare salecorporation coderestitution

Stock Certificate Delay: When Rescission of Share Sale Is Allowed

Philippine Supreme Court clarifies rescission rules for delayed stock certificate issuance and who must return payments in share sales.

Mar 6, 2013consumer rightselectric cooperativedamagescompromise agreementcivil lawutility

Consumer Rights vs Electric Utilities: Supreme Court Upholds Damages for Breach of Compromise Agreement

Supreme Court rules electric cooperatives must honor compromise agreements, awarding damages to consumers for repeated billing harassment and disconnection threats.

Mar 6, 2013property-lawreversionpublic-landabandonmentlachesdenr

Abandonment in Land Reversion Cases: Safeguarding Public Land Rights

The Supreme Court clarifies when a reversion suit may be dismissed for abandonment, protecting the State's power to recover public land.

Mar 6, 2013criminal-law

Chain OF Custody Ensuring Integrity IN Drug Evidence

Mar 6, 2013freeze ordersalnunexplained wealthanti-money launderingpublic officedue process

Unexplained Wealth and SALN Omissions: Balancing Dishonesty and Simple Negligence in Public Office

Philippine Supreme Court ruling on freeze orders, unexplained wealth, and SALN omissions in public office explained in plain language.

Mar 6, 2013chain of custodydrug casesra 9165buy-bust operationcriminal lawevidence

Upholding the Chain of Custody: Ensuring Integrity in Drug Possession Cases

The Supreme Court acquits a drug suspect due to a broken chain of custody, emphasizing the need for unbroken evidence integrity.

Mar 6, 2013criminal lawchain of custodyra 9165buy-bust operationreasonable doubtdangerous drugs

Proof Beyond Reasonable Doubt: The Necessity of an Unbroken Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect because the prosecution failed to prove an unbroken chain of custody, underscoring the strict evidentiary standard.

Mar 6, 2013criminal-lawbuy-bustdrugsconfidential-informantra-9165demurrer-to-evidence

Dispensing With the Confidential Informant: Upholding Buy-Bust Operations in Drug Cases

The Supreme Court clarifies that a confidential informant's testimony is not indispensable in drug cases when police officers personally witness the illegal sale.

Mar 6, 2013anti-money launderingfreeze orderdue processproperty rightsamlcsupreme court

Balancing Due Process and Anti-Money Laundering: Freeze Orders and Property Rights

Supreme Court rules indefinite freeze orders violate due process; six-month extension limit applies under the Rule in Civil Forfeiture Cases.

Mar 6, 2013solicitor generalgovernment representationadministrative lawpezacivil procedureosg

When Can Government Agencies Represent Themselves? The Solicitor General's Exclusive Mandate

Explaining the Supreme Court ruling in Republic v. Cuizon on when government agencies may appear in court without the Solicitor General.

Mar 6, 2013property-lawforeclosuremortgagechattel-mortgagecivil-codesupreme-court

Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure

A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.

Mar 6, 2013estafacriminal lawrules of courtproperty offensessupreme courtinformation

Estafa and Erroneous Designation of Offended Party in Property Offenses

When a wrong name appears in an estafa charge, the accused's right to be informed may still be protected. Learn the rules.

Mar 5, 2013corporate reorganizationsecurity of tenurealter ego doctrinegovernment corporationcivil service

Corporate Reorganization, Presidential Alter Ego Doctrine, and Security of Tenure Limits

Supreme Court clarifies when government corporate boards may reorganize, reassign officers, and drop employees for poor performance without violating tenure.