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显示第 9073–9096 篇,共 24,714 篇文章

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Nov 21, 2012default judgmentcivil proceduremotion to dismissrules of courtright to answerphilippine supreme court

Default Judgment Set Aside: Premature Declaration Violates Defendant's Right to Answer

Supreme Court rules a defendant cannot be declared in default while a motion to dismiss is pending, as the answer period is suspended.

Nov 21, 2012labor-lawconstructive-dismissalmanagement-prerogativereassignmentterminationsupreme-court

Constructive Dismissal When Reassignment Becomes Termination

When a bank replaced an employee before offering a new assignment, the Supreme Court ruled it was constructive dismissal, not valid management prerogative.

Nov 21, 2012civil-lawattorney-admissionsquieting-of-titlepre-trialjudicial-admissionsproperty-law

When a Lawyer's Admission in Court Binds the Client: Lessons from Chung v. Mondragon

A client's fate can hinge on counsel's admissions in court. Learn how the Supreme Court applied this rule in quieting of title cases.

Nov 20, 2012administrative-lawgrave-misconductgovernment-officialsombudsmancivil-serviceghost-projects

Upholding Ethical Conduct Liability for Grave Misconduct Despite Reliance on Subordinates

Philippine Supreme Court clarifies when reliance on subordinates excuses government officials from administrative liability for ghost projects.

Nov 20, 2012judicial clemencyadministrative lawgovernment serviceforfeited benefitsrule 140public officers

Judicial Clemency Reintegrating Errant Public Servants AND Restoring Forfeited Rights

When can a dismissed judge return to government service? The Supreme Court explains judicial clemency and restoration of benefits.

Nov 20, 2012criminal-law

Breach OF Public Trust Dishonesty AND Grave Misconduct IN Public Office

Nov 20, 2012judicial clemencyadministrative lawgross misconductgovernment serviceleave creditssupreme court

Judicial Clemency After Dismissal: Remorse, Reformation, and Public Service

The Supreme Court explains when a dismissed judge may return to government service and claim leave credits.

Nov 14, 2012intra-corporate disputesprohibited pleadingsmotion to dismisscorporate lawcivil proceduresec

Prohibited Pleadings in Intra-Corporate Disputes: Dismissal Motions and Board Resolutions

Philippine Supreme Court clarifies that motions to dismiss are prohibited pleadings in intra-corporate disputes, even when backed by board resolutions.

Nov 14, 2012diplomatic immunityprivacy rightscivil damagesabuse of rightsphilippine law

Diplomatic Immunity vs Personal Accountability: The Limits of Privilege

Philippine Supreme Court ruling on diplomatic immunity, privacy rights, and personal liability for damages under the Civil Code.

Nov 14, 2012self-defensetreacheryhomicidecriminal-lawrevised-penal-codesupreme-court

Self-Defense and Proximate Cause: When a Killing Is Homicide, Not Murder

Philippine Supreme Court clarifies self-defense requirements and treachery in homicide cases, reducing murder conviction to homicide.

Nov 14, 2012technical malversationpublic fundsrevised penal codelocal governmentcriminal law

Technical Malversation: Good Faith Is No Defense for Misapplying Public Funds

A mayor diverted food for malnourished children to calamity victims. The Supreme Court ruled this is technical malversation—good faith is no defense.

Nov 14, 2012lachesland ownershiptorrens titlerecovery of possessioncivil law

Laches and Land Ownership: Registered Titles Prevail Despite Delayed Action

The Supreme Court clarifies that laches cannot bar a registered landowner's right to recover property, reaffirming the strength of Torrens titles.

Nov 14, 2012civil-lawinvasion-of-privacydamagesdiplomatic-immunityrule-45supreme-court

Invasion of Privacy, Diplomats, and the Limits of Official Duty

Philippine Supreme Court ruling on diplomatic residence privacy, damages for invasion of privacy, and procedural rules in Rule 45 petitions.

Nov 14, 2012criminal-law

Beyond Carnal Knowledge Rape BY Sexual Assault AND THE Insertion OF Objects

Nov 14, 2012tax-law

Local Government Taxing Power Limitations ON Business TAX Impositions

Nov 14, 2012judiciary fundsadministrative caseclerk of courtremittancephilippine courts

Delayed Remittance of Judiciary Funds: Accountability of Court Personnel Explained

The Supreme Court clarifies that delayed remittance of court collections is neglect of duty, even if shortages are later fully restituted.

Nov 14, 2012criminal-lawself-defensehomicideproximate-causeevidenceres-gestae

Self-Defense and Proximate Cause in Homicide: Lessons from Belbis v. People

The Supreme Court clarifies when self-defense fails and how proximate cause links stab wounds to death in homicide cases.

Nov 14, 2012judiciary fundsadministrative casecourt employeeremittancenegligence

Court Employees Must Remit Judiciary Funds on Time: Full Restitution Does Not Erase Liability

Learn why a court employee who fully repaid missing funds still faced a P10,000 fine for delayed remittance of judiciary collections.

Nov 14, 2012criminal-lawrapesexual-assaultrevised-penal-codesupreme-courtvictim-protection

Rape Conviction Upheld Despite Lack of Visible Physical Injuries Protecting Victims of Sexual Violence

Philippine Supreme Court ruling clarifies that an intact hymen does not negate rape, and explains the distinction between rape by sexual intercourse and rape by sexual assault.

Nov 14, 2012criminal lawself-defensehomicideunlawful aggressiondying declarationrules of court

Self-Defense vs Homicide: Understanding Criminal Intent in Philippine Law

The Supreme Court clarifies when self-defense fails and homicide stands, explaining unlawful aggression, dying declarations, and criminal liability.

Nov 14, 2012mortgagee-in-good-faithsimulated-saletorrens-titlebanking-lawreal-estate-lawsupreme-court

Mortgagee in Good Faith Doctrine Protects Banks Despite Simulated Property Sales

Philippine Supreme Court rules banks can retain mortgage rights even when mortgagors' titles trace back to simulated sales, if bank acted in good faith.

Nov 14, 2012administrative lawjudicial accountabilityundue delaycode of judicial conductjudges

Judicial Accountability: The Consequences of Undue Delay in Resolving Cases

A judge's failure to resolve a motion within 90 days is gross inefficiency. The Supreme Court explains the consequences.

Nov 14, 2012civil proceduredefault orderservice of pleadingsrule 13rule 19

Default Orders and Procedural Compliance: The Limits of Technical Objections

Understand when a technical defect in service of pleadings can—and cannot—justify setting aside a default order in Philippine civil procedure.

Nov 14, 2012civil-procedurejurisdictionappealsquestions-of-lawquestions-of-factsupreme-court

Jurisdiction Defined: Mixed Questions of Law and Fact in Appeals

The Supreme Court clarifies when an appeal raises mixed questions of law and fact, and why jurisdiction depends on the nature of the issues raised.