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显示第 1057–1080 篇,共 24,620 篇文章

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Aug 17, 2022tax lawadministrative lawjurisdictiongovernment agenciespresidential powercourt of tax appeals

Executive Authority vs Judicial Review: Resolving Tax Disputes Between Government Entities

The Supreme Court rules that tax disputes between executive agencies must first undergo administrative settlement, not judicial review.

Aug 17, 2022ombudsmansexual harassmentgrave misconductadministrative lawgovernment employeesra 7877

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Aug 16, 2022eminent domainjust compensationexpropriationproperty lawngcp v. gaite

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Aug 16, 2022legal ethicsattorney disciplineindefinite suspensionwillful disobediencecode of professional responsibilitysupreme court

Upholding Court Authority Indefinite Suspension FOR Attorneys Persistent Disobedience

The Supreme Court indefinitely suspends a lawyer for over a decade of willful disobedience of lawful court orders, underscoring the duty of attorneys to respect judicial authority.

Aug 16, 2022judicial accountabilitygross ignorance of lawadministrative lawrule 140neglect of dutysupreme court

Judicial Accountability: Dismissal-Level Penalties for Gross Ignorance of Law and Neglect of Duty

Supreme Court penalizes judge, clerk, and process server for procedural lapses in annulment and drug cases, affirming strict judicial accountability standards.

Aug 16, 2022administrative lawpolice powerdelegation of legislative powerland transportationtraffic regulationsconstitutional law

Upholding Traffic Regulations: Valid Delegation of Power and Public Safety

The Supreme Court upholds traffic penalty regulations as valid exercises of delegated legislative power and police power for public safety.

Aug 15, 2022agrarian reformcarplivestock raisingland exclusiondarproperty law

Agrarian Reform Exclusion: Land Must Be Used Exclusively for Livestock Raising

The Supreme Court clarifies when lands may be excluded from CARP coverage for livestock raising and why good faith matters.

Aug 15, 2022administrative lawjurisdictiongaming regulationeconomic zonesjudicial courtesycease and desist order

Jurisdictional Boundaries Defining Regulatory Authority Over Gaming Operations in Economic Zones

Supreme Court clarifies limits of judicial courtesy, territorial jurisdiction, and regulatory authority over gaming operations in economic zones.

Aug 15, 2022co-ownershipproperty lawaccion publicianatorrens titlecivil lawinheritance

Co-Ownership Rights and Provisional Ownership in Property Disputes

Philippine Supreme Court clarifies that co-owners cannot eject each other from inherited property before partition, even with a Torrens title.

Aug 10, 2022criminal-lawillegal-drugswarrantless-arrestexclusionary-rulebill-of-rightsra-9165

Unlawful Arrest and the Exclusionary Rule: Protecting Rights Against Illegal Marijuana Seizure

Supreme Court acquits in marijuana cultivation case, ruling that evidence from an unlawful warrantless arrest is inadmissible.

Aug 10, 2022notarial practicecode of professional responsibilityadministrative casenotary publiclegal ethicssupreme court

Notarial Duties Are Personal: Attorney's Lapses in Recording SPA Lead to Suspension

A lawyer cannot delegate notarial record-keeping to staff. Learn the rules and consequences from a recent Supreme Court ruling.

Aug 10, 2022criminal-lawmurdercircumstantial-evidencereasonable-doubtchild-deathacquittal

Insufficient Evidence Acquittal in Child's Death Due to Drowning

Supreme Court acquits grandmother of murder after prosecution fails to prove guilt beyond reasonable doubt in child's drowning death.

Aug 10, 2022anti-graftra 3019ra 6713public officerssolicitationgraft charges

Solicitation by Public Officials: When Accepting Gifts Leads to Graft Charges

A DARAB adjudicator's conviction for soliciting P120,000 and a tuna fish clarifies graft law and double prosecution rules.

Aug 9, 2022lachesregistered landproperty lawprescriptioncivil lawtorrens system

When Delay Defeats Title: Laches and Registered Land in Lorenzo v. Eustaquio

The Supreme Court ruled that laches can defeat registered land ownership, even when the original transfer was flawed. Learn the key rules.

Aug 9, 2022constitutional-lawforeign-loanspresidential-immunitymonetary-boardgovernment-procurementsovereign-debt

Sovereign Debt vs Constitutional Mandates: Balancing Loan Agreements With National Interests

The Supreme Court upheld two China-financed loan agreements, ruling on presidential immunity, Monetary Board concurrence, and procurement rules.

Aug 9, 2022copyrightintellectual-property-lawfilscappublic-performanceradio-broadcastrestaurants

Restaurants Infringe Copyright by Playing Radio Broadcasts Without a License

The Supreme Court rules that restaurants playing radio broadcasts as background music without a FILSCAP license commit copyright infringement.

Aug 9, 2022judicial clemencyadministrative lawsupreme courtgross ignorance of the lawra 9165judge discipline

Judicial Clemency: When Is a Judge Entitled to a Second Chance?

The Supreme Court explains the strict requirements for judicial clemency, including remorse, reformation, and the five-year waiting period.

Aug 9, 2022copyright lawpublic performancefilscapintellectual propertyradio musicrestaurant licensing

Copyright vs Fair Use: Restaurants Playing Radio Music in the Philippines

The Supreme Court rules that restaurants playing radio music through speakers must pay license fees to FILSCAP for public performance.

Aug 9, 2022election-lawcitizenshipdual-citizenshipcomeleccertificate-of-candidacyjurisprudence

Dual Citizenship by Birth vs. Naturalization: Election Eligibility in the Philippines

The Supreme Court clarifies when dual citizens by birth may run for office without renouncing foreign citizenship under R.A. 9225.

Aug 8, 2022ancestral-landncipjurisdictionindigenous-peoplesproperty-law

Ancestral Land Disputes and the NCIP's Jurisdictional Limits in the Philippines

Understand when the NCIP has jurisdiction over ancestral land disputes and when courts or other agencies must hear the case.

Aug 7, 2022piercing-corporate-veiljurisdictionservice-of-summonsforeign-corporationslabor-lawdue-process

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

Aug 7, 2022labor lawillegal dismissalbmbemicro-enterpriseseparation paysupreme court

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

Aug 3, 2022venuejurisdictionprobatespecial proceedingscivil procedurerule 73

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Aug 3, 2022oral partitionproperty disputemortgage validityheirs rightslachescivil law

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.