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显示第 1009–1032 篇,共 24,619 篇文章

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Sep 20, 2022mandamusdengvaxiaright to healthseparation of powerssupreme courtadministrative law

Dengvaxia Mandamus Petition: Supreme Court on Judicial Power in Public Health Crises

Supreme Court dismisses Dengvaxia mandamus petition, ruling continuing mandamus is for environmental cases, not health rights disputes.

Sep 19, 2022construction lawciaccoaarbitrationgovernment contractsfinality of judgments

Final CIAC Awards Binding on COA: Supreme Court Limits Audit Body's Review Power

Supreme Court ruling in Sunway Builders v. COA confirms COA cannot modify final CIAC arbitration awards, limiting its role to execution and payment.

Sep 19, 2022administrative lawjudicial ethicstemporary restraining ordergross ignorance of the lawjudicial discretion

When Court Errors Are Not Misconduct: Judicial Discretion vs. Administrative Liability

The Supreme Court clarifies when a judge's errors in issuing TROs are judicial matters, not grounds for administrative discipline.

Sep 19, 2022anti-graftra 3019sandiganbayanrevised penal codeprisoncovid-19

Serving Time, Not Home Care: Graft Convicts Must Stay in Penal Facilities

The Supreme Court affirms that convicted graft offenders must serve prison terms in penal institutions, rejecting house arrest pleas.

Sep 14, 2022criminal-lawspeedy-dispositionsandiganbayananti-graftpreliminary-investigationdue-process

Justice Delayed IS Justice Denied: Speedy Disposition and Evidence in Graft Cases

Explore the Supreme Court's ruling in Lorenzo v. Sandiganbayan on inordinate delay in preliminary investigations and the right to speedy disposition of cases.

Sep 14, 2022labor lawcollective bargaining agreementmanagement prerogativeloan policysupreme court

CBA Stability vs Management Prerogative: Loan Policy Changes Ruled Invalid

Supreme Court rules banks cannot unilaterally add conditions to CBA-embedded loan programs, affirming collective bargaining rights.

Sep 12, 2022tax lawdue processbir assessmentspreliminary assessment noticedeficiency tax

Due Process in Tax Assessments: Strict Adherence to Notice Requirements

The Supreme Court nullified a deficiency tax assessment because the BIR issued the Final Assessment Notice before the taxpayer's 15-day period to reply to the Preliminary Assessment Notice lapsed.

Sep 12, 2022equitable mortgageunlawful detainerproperty lawcivil codepossessory rightstorrens title

Equitable Mortgage vs Sale: Protecting Possessory Rights in Philippine Property Law

When is a deed of sale actually an equitable mortgage? The Supreme Court explains how Article 1602 protects possessory rights.

Sep 12, 2022labor lawproject employmentregular employmentlabor-only contractingsecurity of tenuresupreme court

Regular vs. Project Employment: Key Insights from a Recent Supreme Court Ruling

The Supreme Court clarifies when fixed-term project employment is valid and how to distinguish a legitimate independent contractor from labor-only contracting.

Sep 7, 2022condominium lawextrajudicial foreclosurespecial power of attorneycondominium actphilippine supreme court

Condominium Foreclosure Special Authority Imperative FOR Extrajudicial Sales

Philippine Supreme Court clarifies that condominium corporations need special authority to extrajudicially foreclose units for unpaid dues.

Sep 7, 2022real estate mortgageagencyconstructive trustprescriptionphilippine national bank

When a Bank's Auction Purchase Benefits the Mortgagor: PNB v. Tad-y

A bank that buys mortgaged property at a tax auction may hold it in trust for the mortgagor under the mortgage's agency clause.

Sep 7, 2022maritime lawseafarer disabilitypoea-seccompany-designated physicianpermanent total disability

When a Company Doctor's Silence Ends a Seafarer's Claim: The Lingering Duty to Assess

A company-designated physician's failure to issue a final disability assessment within 240 days makes a seafarer's disability total and permanent by operation of law.

Sep 7, 2022criminal procedureappealcounsel negligencedangerous drugsra 9165chain of custody

Balancing Justice and Procedure When Counsel's Negligence Impacts an Appeal

The Supreme Court rules that a counsel's failure to file a brief on time should not cost an accused his appeal, especially when liberty is at stake.

Sep 7, 2022reconveyanceprescriptionlachestorrens titlecivil lawland registration

Imprescriptibility of Reconveyance Actions Challenging Titles Based on Nonexistent Contracts

When a land title is based on a nonexistent contract, the action for reconveyance does not prescribe, the Supreme Court rules.

Sep 7, 2022agrarian reformjust compensationland valuationdarland bankproperty law

Just Compensation in Agrarian Reform: Why the Valuation Date Matters

Philippine Supreme Court clarifies that just compensation in agrarian reform must use the valuation date and DAR formula applicable at the time of taking.

Sep 6, 2022reconveyancevoid contractsprescriptionland titlescivil lawtorrens title

Reconveyance for Void Contracts: Imprescriptible Actions Under Article 1410

When a land transfer rests on a void or inexistent contract, an action for reconveyance does not prescribe, protecting rightful owners.

Sep 6, 2022forcible entryejectmentprior physical possessiontorrens titleland disputerule 70

Forcible Entry: How a Torrens Title Proves Prior Physical Possession

In ejectment cases, prior physical possession can be proven by a Torrens title and tax declarations, not just actual occupation. The Supreme Court explains.

Sep 6, 2022judicial independenceadministrative complaintsharassment suitsjudgesgross ignorance of lawjudicial ethics

Judicial Independence vs Harassment: Striking the Balance in Administrative Complaints Against Judges

The Supreme Court clarifies when administrative complaints against judges become harassment suits, protecting judicial independence while ensuring accountability.

Sep 5, 2022criminal-lawrapedue-processsupreme-courtrevised-penal-codeconstitutional-rights

Double Jeopardy and Rape Conviction: What the Supreme Court Said About Due Process

A rape conviction upheld despite the victim's intellectual disability—here's why the Court refused to impose statutory rape.

Sep 5, 2022labor lawillegal dismissalserious misconductterminationbackwagessecurity of tenure

Serious Misconduct and Illegal Dismissal: When a Petty Quarrel Isn't Grounds for Termination

The Supreme Court clarifies when a workplace fight constitutes serious misconduct justifying dismissal, and when it amounts to illegal termination.

Aug 31, 2022cohabitationproperty lawfamily codeco-ownershipillicit relationshipsseafarer

Unmarried Cohabitation Establishing Property Rights In Long Term Illicit Relationships

The Supreme Court ruled that long-term illicit cohabitation can establish co-ownership rights under Article 148 of the Family Code.

Aug 31, 2022labor lawself-organizationfaculty rightscertification electionlabor unionsmanagerial employees

Faculty Rights and Union Membership: Protecting the Right to Self-Organization in Educational Institutions

The Supreme Court clarifies that faculty members are not managerial employees and may form unions, protecting their right to self-organization.

Aug 31, 2022double jeopardycriminal proceduredemurrer to evidenceestate administrationsolicitor generalcertiorari

Double Jeopardy and the Limits of Estate Representation in Criminal Appeals

A Supreme Court ruling clarifies when an estate administrator may appeal an acquittal—and why double jeopardy bars such appeals.

Aug 31, 2022anti-graftra-3019procurementpublic-officergross-negligencesandiganbayan

Breach of Public Trust When Negligence in Procurement Leads to Graft Conviction

Supreme Court affirms graft conviction of DOH supply officer for gross inexcusable negligence in anomalous drug purchases, clarifying liability under RA 3019.