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显示第 9385–9408 篇,共 24,721 篇文章

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Jun 27, 2012real-estate-lawmortgageforeclosuresecond-mortgageecivil-codeproperty-law

Mortgage Rights vs Property Transfer: Foreclosure Options for Second Mortgagees

When a mortgaged property is sold to the first mortgagee, can the second mortgagee still foreclose? The Supreme Court explains the limits.

Jun 27, 2012labor-lawillegal-dismissalemployer-employee-relationshipjust-causeburden-of-proofprocedural-rules

Shifting Legal Theories in Employer-Employee Disputes: Lessons from Duty Free Philippines v. Tria

Supreme Court ruling on when employers can change legal theories in illegal dismissal cases and the burden of proof for just cause.

Jun 27, 2012labor-lawretirement-paybank-liquidationsupreme-courtbanco-filipinoemployee-benefits

Liquidation vs Length of Service: Defining Retirement Benefits in Philippine Banking

Supreme Court ruling on whether bank liquidation periods count in computing retirement benefits for Philippine bank employees.

Jun 27, 2012criminal-lawappealcounsel-negligencecertiorarirules-of-courtsupreme-court

Binding Counsel When Attorney Negligence Impacts A Clients Appeal IN Philippine LAW

Philippine Supreme Court ruling on when a client is bound by counsel's negligence in failing to file an appeal brief, and limits of certiorari.

Jun 27, 2012estate administrationrules of courtintestate successiondocument examinationcivil law

Estate Administration: The Administrator's Right to Examine Documents for Estate Properties

A Supreme Court ruling on an estate administrator's power to compel production of documents believed to reveal properties belonging to the decedent's estate.

Jun 27, 2012stare decisisreal estatebanking lawgeneral banking actreconveyancesupreme court

Stare Decisis in Real Estate Disputes: When a Prior Ruling Binds Later Bank Cases

The Supreme Court applies stare decisis to dismiss a bank's reconveyance case, ruling that a prior finding of a void warehousing agreement binds all similar cases.

Jun 27, 2012unlawful detainertenant estoppeltacita reconduccionleaseejectmentcivil law

Tenant Estoppel and Tacita Reconduccion in Unlawful Detainer: Samelo v. Manotok Services

Philippine Supreme Court ruling on tenant estoppel, implied lease renewal, and interest in unlawful detainer cases.

Jun 26, 2012administrative-lawdishonestycivil-serviceimpersonationdismissalcourt-personnel

Dishonesty in Civil Service Exams: Impersonation Leads to Dismissal and Perpetual Disqualification

The Supreme Court dismisses a court stenographer for letting someone take her Civil Service exam, ruling it is dishonesty with grave penalties.

Jun 26, 2012estafacriminal lawrevised penal codemisappropriationtrustarticle 315

Failure to Account for Trust Property as Evidence of Estafa

Philippine Supreme Court ruling on how failure to return property held in trust can prove estafa under Article 315 of the Revised Penal Code.

Jun 26, 2012election-lawcomelechretdisqualificationproclamationresidency

Electoral Tribunals Authority Challenging A Legislators Qualifications After Proclamation

The Supreme Court clarifies that once a congressional candidate is proclaimed, only the HRET, not COMELEC, may rule on qualifications.

Jun 26, 2012election-lawcomelechretjurisdictionresidencydisqualification

Electoral Jurisdiction: When COMELEC’s Authority Ends and HRET Begins

The Supreme Court clarifies the boundary between COMELEC and HRET jurisdiction over election disputes involving proclaimed congressmen.

Jun 26, 2012environmental lawreclamationeialocal governmentboracaycontinuing mandamus

Balancing Development and Ecology: The Imperative of Environmental Impact Assessments in Reclamation Projects

The Supreme Court underscores the mandatory nature of environmental impact assessments and consultations in reclamation projects, balancing development with ecological protection.

Jun 26, 2012prescriptionanti-graftra 3019criminal lawsupreme courtill-gotten wealth

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for anti-graft cases begins, using a landmark Marcos-era case.

Jun 25, 2012plunderforfeitureill-gotten wealthsandiganbayanra-7080criminal-law

Forfeiture in Plunder Cases: Tracing Ill-Gotten Wealth and Protecting State Interests

Explaining how the Supreme Court upheld the forfeiture of assets traceable to plunder, including shares held by third parties, under RA 7080.

Jun 25, 2012expropriationsocialized housingeminent domainlocal governmentproperty lawra 7279

Expropriation for Socialized Housing: Balancing Public Needs and Private Property Rights

The Supreme Court clarifies the strict requirements local governments must meet before expropriating private land for socialized housing under R.A. 7279.

Jun 25, 2012rapeincestmoral ascendancycredibilitycriminal lawanti-rape law

Moral Ascendancy and Rape Credibility: Lessons from an Incest Conviction

How the Supreme Court weighed a father's moral ascendancy over his daughter in affirming an incest rape conviction.

Jun 25, 2012expropriationsocialized housingeminent domainra 7279local governmentproperty law

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Jun 20, 2012ombudsmanadministrative lawlegal standingappealgovernment employees

When the Ombudsman Cannot Appeal a Reversed Administrative Decision

The Supreme Court rules on the Ombudsman's lack of legal standing to appeal when its administrative decision is reversed on appeal.

Jun 20, 2012judicial accountabilitygross ignorance of the lawadministrative casecode of judicial conductrtc judge

Judicial Accountability: Judge Fined for Gross Ignorance of the Law Over Inaction on Pending Case

A judge was fined P10,000 for gross ignorance of the law after failing to act on a contempt petition for years, underscoring judicial accountability.

Jun 20, 2012gross ignorance of the lawjudicial disciplinedue processcivil procedureadministrative casejudges

Due Process Demands Judges Act on Cases: Gross Ignorance of Law Ruling

A judge who lets a contempt petition sit idle faces sanctions. The Court explains why judges must move cases forward.

Jun 20, 2012labor-lawillegal-dismissalserious-misconducttheftterminationsupreme-court

Employee Theft and Termination: Defining Analogous Misconduct at Work

Theft from a co-employee is analogous to serious misconduct and can justify dismissal, even without employer loss.

Jun 20, 2012labor-lawillegal-dismissalserious-misconductterminationtheftsupreme-court

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

Jun 20, 2012torrens-titleinheritanceland-disputeagrarian-reformjurisdictioncivil-law

Torrens Title vs Claim of Inheritance: Resolving Land Ownership Disputes

When does a Torrens title prevail over a claim of inheritance? The Supreme Court clarifies jurisdiction rules in land disputes.

Jun 20, 2012religious freedomcorporation lawsec jurisdictionchurch disaffiliationcorporate nameecclesiastical affairs

Church Disaffiliation and Corporate Rights: Balancing Religious Freedom and SEC Jurisdiction

A local church's right to disaffiliate from a national church body, and the SEC's jurisdiction over religious corporations, explained.