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显示第 10729–10752 篇,共 24,754 篇文章

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Jun 23, 2010estafabreach of trustcriminal lawrevised penal codearticle 315supreme court

Breach of Trust Estafa Conviction Affirmed for Failure to Return or Account for Jewelry

Supreme Court affirms estafa conviction under Article 315(1)(b) when a jeweler fails to return or account for entrusted jewelry.

Jun 23, 2010accretionpublic domainland ownershipacquisitive prescriptioncivil law

Accretion vs Public Domain: Private Land Rights Along Waterways in the Philippines

Philippine Supreme Court clarifies when accreted land along creeks belongs to private owners and when prescription applies.

Jun 23, 2010pezaancestral-land-claimsbuilding-permitseconomic-zonesindigenous-peoples-rightsnational-building-code

PEZA Authority Over Building Permits Prevails Over Ancestral Land Claims in Economic Zones

Supreme Court clarifies that PEZA, not local building officials, issues building permits within ecozones; CALC holders cannot build without PEZA permits.

Jun 22, 2010election-lawparty-listcomelecadministrative-lawstatutory-constructionlokin-v-comelec

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

Jun 22, 2010election-lawcomelecappeal-periodprocedural-rulesvenuejurisprudence

Timeliness Matters: Appealing Election Protests and the Strict Application of Procedural Rules

The Supreme Court ruled that late appeals in election protests are fatal, even when the trial court erred on venue.

Jun 22, 2010administrative-lawcommission-on-auditretirement-benefitsgovernment-corporationsstatutory-constructiongsis

When Retirement Benefits Exclude Allowances: Reading EO 756 in Context

The Supreme Court rules that PITC's retirement gratuity under EO 756 was a temporary reorganization incentive, not a permanent benefits scheme.

Jun 22, 2010constitutional-law

Extraordinary Diligence IN Enforced Disappearances THE Burgos Case AND THE Writ OF Amparo

Jun 22, 2010seafarer claimsprescriptionlabor codedeath benefitspoea contractmaritime law

Prescription of Seafarer Claims: Labor Code Prevails Over Standard Employment Contract

Supreme Court rules 3-year Labor Code prescription governs seafarer money claims, but death benefits require death during contract effectivity.

Jun 22, 2010labor-lawretirement-benefitsgovernment-corporationscommission-on-auditstatutory-constructionreorganization

Retirement Benefits: When Incentives During Corporate Reorganization Are Narrowly Interpreted

Supreme Court rules retirement gratuities under EO 756 were temporary reorganization incentives, not permanent benefits including allowances.

Jun 22, 2010immunity agreementpcggill-gotten wealthdue processsandiganbayanconstitutional law

Upholding Immunity Agreements: The Government's Duty to Honor Its Word

In Disini v. Sandiganbayan, the Supreme Court held that the Republic must honor an immunity agreement it freely entered into with a witness.

Jun 22, 2010election-lawcomelecgross-negligenceboard-of-canvasserscertiorariadministrative-sanctions

Gross Negligence and Disqualification: Defining the Limits of COMELEC's Authority

Explore how the Supreme Court upheld COMELEC's power to perpetually bar grossly negligent canvassers in Beluso v. COMELEC.

Jun 21, 2010neglect of dutyadministrative lawcivil servicepublic officersdisaster response

Neglect of Duty in Public Service: When Personal Concerns Must Yield to Public Welfare

A Supreme Court ruling on a Davao City health officer who skipped a bombing emergency shows how gross neglect of duty can cost a public servant their job.

Jun 18, 2010real-estate-lawmortgage-foreclosureblanket-mortgageredemption-rightstorrens-systemphilippine-law

Blanket Mortgage Clause: Redemption Rights and Foreclosure Limits Explained

Learn how a blanket mortgage clause affects redemption rights, future loans, and foreclosure obligations under Philippine law.

Jun 18, 2010agrarian reformland conversionland reclassificationdarcarplocal government

Land Reclassification vs Conversion: DAR's Authority Over Agricultural Land Use

The Supreme Court clarifies that reclassified agricultural lands still need DAR conversion approval, distinguishing reclassification from conversion.

Jun 18, 2010labor-lawconstructive-dismissalmanagement-prerogativeillegal-dismissalsupreme-courtemployment

Constructive Dismissal: Balancing Management Prerogative and Employee Rights

Learn when a job transfer amounts to constructive dismissal under Philippine labor law and how courts balance employer prerogative with employee rights.

Jun 18, 2010res judicataforum shoppingmotion to dismisscivil procedurephilippine national bank

Res Judicata and Forum Shopping: When Repeated Motions Delay Justice

Philippine National Bank v. Intestate Estate of Francisco de Guzman clarifies res judicata, forum shopping, and the limits of repeated motions to dismiss.

Jun 18, 2010labor lawseparation payloss of trustillegal dismissallabor code

Loss of Trust: When Separation Pay Is Not an Option

Philippine Supreme Court clarifies when dismissed employees forfeit separation pay, even if dismissal is for loss of trust and confidence.

Jun 18, 2010agrarian reformland conversiondarreclassificationcarpadministrative law

Land Reclassification vs Conversion: Clarifying DAR's Authority Over Agricultural Lands

The Supreme Court clarifies that reclassified agricultural lands still need DAR conversion approval, distinguishing reclassification from conversion.

Jun 18, 2010administrative lawmisconductcourt personnelcode of conductjudiciarydecorum

Workplace Misconduct Upholding Decorum IN THE Philippine Judiciary 2

Court employee fined for simple misconduct after verbal abuse and physical assault on a co-worker inside court premises.

Jun 18, 2010perjurycriminal lawevidencereasonable doubtrevised penal codesupreme court

Perjury Acquittal: When Contradictory Statements Do Not Prove Guilt Beyond Reasonable Doubt

Supreme Court acquits Eriberto Masangkay of perjury, holding that contradictory statements alone cannot prove deliberate falsehood beyond reasonable doubt.

Jun 18, 2010execution saleredemptionfinal certificate of salecivil procedureproperty law

Finality of Execution Sale: Failure to Redeem Vests Indefeasible Rights

When a judgment debtor fails to redeem property within the one-year period, the execution sale becomes final and the purchaser gains indefeasible rights.

Jun 16, 2010early-retirementlabor-lawmanagement-prerogativecontract-lawretirement-benefitssupreme-court

Early Retirement Programs: Contractual Obligations vs Management Prerogative

When does a company's early retirement offer become a binding contract? The Supreme Court clarifies the limits of management prerogative.

Jun 16, 2010criminal-lawdrugschain-of-custodywarrantless-searchra-9165jurisprudence

Navigating the Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court clarifies warrantless searches of moving vehicles and the chain of custody rule for seized drugs under RA 9165.

Jun 16, 2010kidnappingeyewitness identificationpolice lineupcriminal lawevidencereclusion perpetua

Eyewitness Identification Upholding Conviction Despite Informal Police Lineup in Kidnapping Case

Supreme Court affirms kidnapping conviction despite informal police lineup, ruling eyewitness identification was positive and independently reliable.