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显示第 9409–9432 篇,共 24,722 篇文章

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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, 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.

Jun 20, 2012jurisdictionhlurbsubdivision disputesortigasrtcreal estate law

Jurisdiction Over Subdivision Disputes: HLURB vs RTC in Enforcement Actions

Ortigas v. CA clarifies when HLURB has exclusive jurisdiction over subdivision disputes and when the RTC handles local government enforcement cases.

Jun 20, 2012corporate lawcontempt of courtstockholder rightscorporation codecivil procedureaudit

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Jun 20, 2012administrative lawgrave misconductcourt personneljudiciarypublic accountability

Court Fines Utility Worker for Grave Misconduct Involving Court Documents

Utility worker fined P10,000 for grave misconduct after taking court records and DTRs without authority, highlighting accountability in the judiciary.

Jun 20, 2012annulment of judgmentfinality of judgmenttreacherymurdercredibility of witnessescriminal procedure

Annulment of Judgment: The High Bar for Overturning Final Decisions in the Philippines

Philippine courts rarely overturn final convictions. This case explains the strict standards for credibility, treachery, and finality of judgments.

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, 2012administrative lawcivil servicejudicial ethicsunauthorized practice of lawcontempt of courtsupreme court

Unauthorized Practice of Law and Judicial Ethics: Lessons from Ciocon-Reer v. Lubao

The Supreme Court clarifies when judges face administrative liability and penalizes a non-lawyer for unauthorized practice of law.

Jun 20, 2012rapecriminal lawstep-parentmoral ascendancyanti-rape lawsupreme court

Breach of Trust: Examining Guilt in Step-Parent Rape Cases Under Philippine Law

The Supreme Court affirms a stepfather's rape conviction, explaining how moral ascendancy and threats establish intimidation in incestuous rape.

Jun 20, 2012unlawful detainerejectmentcivil lawdemand to vacatejurisdictionsummary procedure

Determining the Reckoning Point for Unlawful Detainer Actions: The Significance of the Final Demand to Vacate

Philippine Supreme Court clarifies that the one-year period for unlawful detainer is counted from the last demand to vacate, not lease expiration.

Jun 19, 2012falsificationdishonestyadministrative casepublic servicesheriffdaily time record

Falsification of Official Documents: Upholding Integrity in Public Service

Supreme Court ruling on sheriff's DTR falsification underscores that public office is a public trust and dishonesty merits severe penalties.

Jun 19, 2012retirement benefitsjudgesra 910voluntary resignationjudiciarylabor law

Retirement Benefits for Judges: Voluntary Resignation vs. Involuntary Incapacity

The Supreme Court clarifies when a judge may retire with benefits under RA 910, distinguishing voluntary resignation from incapacity.

Jun 19, 2012constitutional-law

Navigating Legislative Inquiries Upholding Senate Authority IN Corporate Mismanagement Probes

Jun 19, 2012resignationadministrative liabilitygross misconductdishonestycourt personnel

Resignation Does Not Erase Dishonesty: Rojas v. Mina on Court Employees' Liability

The Supreme Court held that a court employee's resignation does not extinguish administrative liability for stealing and encashing checks payable to judges.

Jun 19, 2012administrative-lawdishonestyfalsificationpublic-trustcourt-personnelcivil-service

Upholding Public Trust: Dishonesty Leads to Dismissal Despite Mitigating Factors

Supreme Court ruling shows falsifying a Daily Time Record is grave dishonesty warranting forfeiture of retirement benefits, even after resignation.

Jun 19, 2012retirement benefitsadministrative liabilityresignationforfeiturepublic officerscivil service

Retirement Benefits and Voluntary Resignation: Clarifying Eligibility Under Philippine Law

Can resignation save retirement benefits after administrative liability? The Supreme Court clarifies forfeiture rules for public officers.

Jun 19, 2012amparoenforced disappearanceconstitutional lawstate complicityra 9851supreme court

Enforced Disappearance and State Complicity: The Amparo Writ's Core Requirement

The Supreme Court clarifies that a writ of amparo requires proof of state involvement in enforced disappearances, not just evidence that a person is missing.

Jun 18, 2012contract-lawleasemarket-stallscivil-codeequitable-mortgagesupreme-court

When a Lease Isn't a Lease: Clarifying Rights in Market Stall Agreements

A Supreme Court ruling clarifies the distinction between leasehold rights and ownership of improvements in market stall transactions under Philippine law.

Jun 18, 2012civil-procedurefinality-of-judgmentforeclosuredeficiency-recoverysupreme-courtappeals

Finality of Judgments and Why Proper Appeals Matter in Philippine Law

Explaining the Supreme Court ruling on bid price inadequacy, deficiency recovery, and why timely appeals protect final judgments.

Jun 18, 2012litis pendentiacivil procedureres judicatadeclaration of heirshipcivil register

Litis Pendentia vs. Separate Causes of Action: A Philippine Civil Law Primer

Philippine Supreme Court clarifies when two suits involve the same cause of action, distinguishing litis pendentia from separate proceedings.

Jun 18, 2012custodia legisagrarian reformjust compensationland bankspecial agrarian courtcivil procedure

Custodia Legis: Ensuring Impartial Custody of Just Compensation in Agrarian Reform

The Supreme Court affirms that trial courts may order physical turnover of agrarian reform deposits to the clerk of court for custodia legis, ensuring impartial custody pending final valuation.

Jun 18, 2012labor-lawterminationserious-misconductloss-of-trustunauthorized-actsmeralco

When an Employee's Unauthorized Acts Justify Dismissal: Meralco v. Dejan

The Supreme Court clarifies when an employee's unauthorized release of company property constitutes serious misconduct and loss of trust, justifying termination.

Jun 18, 2012demolitiondue processgraftofficial actioncriminal liability

Demolition Without Due Notice: The Limits of Official Action and Graft Prosecution

A look at when demolition without notice crosses the line into criminal liability, and the legal safeguards against official overreach.

Jun 18, 2012agencysurety bondcivil lawapparent authorityspecial power of attorneyinsurance

When an Agent Exceeds Authority: Surety Bonds and the Limits of Apparent Authority

The Supreme Court clarifies when a principal is liable for an agent's unauthorized surety bond, and when third persons must verify authority.