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May 31, 2011verificationcertification against forum shoppingrules of courtpetition for certiorariprocedural lawsupreme court

Verification and Certification Against Forum Shopping: Why All Petitioners Must Sign

A single unsigned verification can dismiss a case. Learn the strict rules on certification against forum shopping from Formoso v. PNB.

May 31, 2011administrative lawcoa disallowancedue processpublic accountabilitygovernment contracts

Personal Liability of Public Officials: COA Disallowances and Due Process in Philippine Government Contracts

When can public officials be held personally liable for disallowed government payments? The Supreme Court explains the rules on due process and liability.

May 31, 2011civil serviceback wagesreinstatementadministrative lawgovernment employeesland bank

Reinstatement and Back Wages for Philippine Civil Servants: Key Insights from Galang v. Land Bank

When must a wrongfully dismissed civil servant be reinstated, and what back wages and allowances are due? The Supreme Court clarifies in Galang v. Land Bank.

May 31, 2011grave misconductadministrative lawpolice disciplinecivil servicedismissal from service

Grave Misconduct and Dismissal: When a Police Officer Serves as a Private Bodyguard

A police officer's unauthorized work as a private bodyguard is grave misconduct warranting dismissal, even with long service.

May 31, 2011administrative casecourt personnelpublic fundsgross misconductdishonestyfiduciary fund

Court Personnel Dismissed for Misconduct and Mishandling of Public Funds

Supreme Court dismisses clerk of court for P3.1M fund shortages, affirms strict accountability for judicial personnel handling public funds.

May 31, 2011civil-serviceback-wagesreinstatementfinality-of-judgmentland-bankadministrative-law

When a Judgment Becomes Final: Back Wages and Reinstatement for Dismissed Government Employees

The Supreme Court clarifies when a judgment against a government agency becomes final, and what an illegally dismissed employee may recover.

May 31, 2011confidentialitycourt personneladministrative lawmisconductjudiciarylegal ethics

Confidentiality Rules for Court Personnel: Lessons from a Legal Researcher's Misconduct Case

A Supreme Court ruling clarifies when court personnel breach confidentiality and why even "harmless" disclosures to litigants constitute misconduct.

May 30, 2011mutuality of contractsloan interest ratescivil lawbankingsupreme courtphilippines

Philippine Savings Bank v. Castillo: Mutuality of Contracts and Unilateral Loan Interest Adjustments

Philippine Supreme Court rules that banks cannot unilaterally increase loan interest rates without borrower consent, citing the principle of mutuality of contracts.

May 30, 2011ejectmentunlawful detainerrule 70regional trial courtappealequitable mortgage

Beyond Assigned Errors: How Philippine RTCs Review Ejectment Cases

Philippine RTCs reviewing ejectment appeals may decide beyond assigned errors, based on the entire record. Learn the rules under Rule 70.

May 30, 2011mining lawadministrative lawftaampsamining rightsphilippine supreme court

Philippine Mining Rights: Securing Priority Through Timely Filing of Applications

Philippine Supreme Court ruling on mining rights priority: timely filing of applications determines preferential rights, not later registration.

May 30, 2011ofw rightsillegal dismissalback payseafarermigrant workers actsupreme court

OFW Illegal Dismissal: Full Back Pay for Unexpired Contract After Yap v. Thenamaris

Learn how the Supreme Court awarded an OFW full salaries for the unexpired contract after illegal dismissal, applying the Serrano ruling.

May 30, 2011injunctionexecutive policypolitical questionjudicial reviewra 8975infrastructure projects

When Courts Refuse to Second-Guess Executive Road Projects: The Torrecampo Case

The Supreme Court explains why courts will not substitute their judgment for the Executive's on where to build roads—and when injunctions fail.

May 30, 2011sheriffsministerial dutyadministrative lawwrit of possessioncourt ordersmisconduct

Sheriffs' Ministerial Duty: Implementing Court Orders Correctly to Avoid Misconduct Charges

Philippine Supreme Court clarifies sheriffs' ministerial duty in enforcing writs and how to properly address alleged irregularities in implementation.

May 30, 2011torrens-systememancipation-patentagrarian-reformland-registrationgood-faithsupreme-court

Good Faith and Torrens System Limits to Protection for Purchasers of Registered Land in the Philippines

Philippine Supreme Court ruling on emancipation patents, Torrens titles, and the limits of good faith protection for land purchasers.

May 30, 2011sandiganbayanjurisdictiongovernment-owned corporationsanti-graftpublic officerscriminal law

Sandiganbayan Jurisdiction: Private vs Public Corporations in the Philippines

When does the Sandiganbayan have jurisdiction over corporate officers? Learn from the Morales ruling on private vs public corporations.

May 30, 2011grave threatscriminal lawrevised penal codephilippine supreme courtcriminal intentjustifying circumstances

Grave Threats in the Philippines: Criminal Intent and Multiple Offenses Explained

Understand how Philippine courts determine separate grave threats charges, criminal intent, and the limits of justifying circumstances in this Supreme Court case analysis.

May 30, 2011corporate lawpiercing the corporate veiltrust fund doctrinestockholder liabilitycorporation codeunpaid subscriptions

Piercing the Corporate Veil: When Stockholders Become Liable for Corporate Debts in the Philippines

Philippine Supreme Court clarifies when stockholders may be held personally liable for corporate debts, including unpaid subscriptions and the trust fund doctrine.

May 30, 2011labor-lawemployee-transfersinsubordinationmanagement-prerogativephilippines

When NO Means GO Understanding Lawful Employee Transfers AND Insubordination IN THE Philippines

Learn Philippine labor law on employee transfers and insubordination—when a "no" to a lawful order can cost a job.

May 30, 2011criminal-lawcircumstantial-evidencerobbery-with-homiciderevised-penal-codesupreme-court

Circumstantial Evidence and Robbery With Homicide: Lessons from People v. Uy

The Supreme Court explains when circumstantial evidence suffices to convict for robbery with homicide, and why unexplained flight and possession of stolen goods matter.

May 30, 2011judicial reviewpolitical questiongovernment infrastructureinjunctionra 8975executive policy

Courts Cannot Second-Guess Executive Road Project Choices: Torrecampo vs MWSS

Supreme Court clarifies courts cannot enjoin government infrastructure projects based on policy disagreements, only on grave abuse of discretion.

May 30, 2011criminal-lawillegal-drugschain-of-custodycomprehensive-dangerous-drugs-actphilippine-supreme-court

Chain of Custody and Illegal Drugs: Safeguarding Rights in Drug Cases

Philippine Supreme Court rulings on the chain of custody rule in drug cases and how it protects the accused's rights.

May 30, 2011labor-lawappeal-bondgoccnlrclabor-code

Appeal Bonds for GOCCs in Labor Disputes: The Banahaw Broadcasting Case

When must government-owned corporations post appeal bonds in labor cases? The Supreme Court clarifies in Banahaw Broadcasting.

May 30, 2011labor-lawgrave-misconductconduct-prejudicialemployee-disciplineadministrative-lawcivil-service

Grave Misconduct vs Conduct Prejudicial: Understanding Employee Discipline in the Philippines

A look at how Philippine jurisprudence distinguishes grave misconduct from conduct prejudicial to the best interest of the service.

May 30, 2011administrative-lawpollutionlaguna-lake-development-authorityexhaustion-of-administrative-remediesenvironmental-lawdue-process

Exhausting Administrative Remedies: Why Businesses Can't Skip Agency Rulings in Pollution Cases

Philippine Supreme Court ruling on Universal Robina Corp. v. LLDA clarifies why businesses must exhaust administrative remedies before going to court.