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显示第 10825–10848 篇,共 24,757 篇文章

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Apr 20, 2010constitutional lawmidnight appointmentsjudicial appointmentssupreme courtjudicial and bar councilde castro

Midnight Appointments and the Judiciary: The De Castro Ruling on the Constitutional Ban

The Supreme Court explains why the ban on midnight appointments does not apply to judicial posts, including the Chief Justice.

Apr 19, 2010tax lawvalue-added taxpawnshopscourt of tax appealssubstantial justice

When Pawnshops Were Exempt From VAT: TFS, Inc. v. CIR

A 2010 Supreme Court ruling cancelled a pawnshop's deficiency VAT assessment and relaxed procedural rules to prevent unjust enrichment.

Apr 19, 2010reversionpublic landsales patentoffice of the solicitor generalpublic land actproperty law

Reversion of Public Land: Only the Government Can Sue

The Supreme Court rules that only the government, through the Office of the Solicitor General, may file an action for reversion of public land.

Apr 19, 2010illegal dismissallabor lawburden of proofterminationabandonmentemployer-employee relationship

Proving Illegal Dismissal: The Employee's Burden to Establish Termination

Employees must first prove they were dismissed before employers must justify termination. Learn the rules from a Supreme Court ruling.

Apr 19, 2010criminal-law

BUY Bust Operations Legality AND Proof IN Drug Sale Convictions

Apr 19, 2010criminal-lawhomicideproximate-causerevised-penal-codesupreme-court

Proximate Cause in Homicide: Liability for Unintended Fatal Consequences

A punch that led to a fatal fall still means homicide. The Supreme Court explains proximate cause and criminal liability under Article 4 of the RPC.

Apr 19, 2010civil-procedurejudicial-reviewripenessextrajudicial-foreclosurepublication-requirementact-no-3135

When a Constitutional Question Is Ripe for Court Intervention: Defining Judicial Review Limits

Philippine Savings Bank v. Geronimo clarifies the ripeness doctrine and the burden of proving compliance with publication requirements in extrajudicial foreclosures.

Apr 19, 2010illegal dismissallabor lawburden of proofabandonmentemployer-employee relationship

Establishing Illegal Dismissal: The Employee's Burden to Prove Dismissal First

Employees must first prove they were dismissed before employers must justify termination. A Supreme Court ruling explains the evidence required.

Apr 19, 2010agencycivil lawreal estatespecial power of attorneyjurisdiction

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Apr 19, 2010property-lawextrajudicial-foreclosurepublication-requirementdue-processact-no-3135mortgagor-rights

Publication Requirements in Extrajudicial Foreclosure: Protecting Mortgagors' Due Process

Philippine Savings Bank v. Geronimo clarifies that strict compliance with publication requirements is essential for a valid extrajudicial foreclosure.

Apr 19, 2010crossed checksnegotiable instruments lawholder in due coursebanking lawcivil lawsupreme court

The Perils of Crossed Checks: Navigating Holder in Due Course Status

A crossed check warns holders to verify the indorser's title. Learn how the Supreme Court applied this rule in Dino v. Judal-Loot.

Apr 15, 2010property lawco-ownershipnotarized documentshearsaypartitionevidence

Challenging Notarized Documents in Philippine Property Co-Ownership Disputes

When can a notarized affidavit be challenged in a Philippine property dispute? The Supreme Court explains the limits of notarization.

Apr 15, 2010labor lawillegal dismissalabandonmentdue processtermination

Abandonment Defense in Illegal Dismissal Cases Requires Proof and Notice

Employers claiming abandonment as a defense to illegal dismissal must prove it with clear evidence and serve two required notices.

Apr 14, 2010criminal-lawchain-of-custodyra-9165illegal-drugsevidencesupreme-court

Chain of Custody in Drug Cases: Preserving Evidence Integrity for a Fair Trial

How the Supreme Court in Balarbar v. People clarified that minor gaps in drug evidence handling do not automatically void a conviction.

Apr 13, 2010labor lawprobationary employmentfixed-term contractteachers rightsillegal dismissalsupreme court

Fixed-Term Contracts vs Probationary Employment: Protecting Teachers' Rights in the Philippines

The Supreme Court clarifies when fixed-term teaching contracts must yield to probationary employment rules under Philippine law.

Apr 13, 2010agrarian reformdarabrules of procedureappealsubstantial justicecivil procedure

Substantial Justice Over Strict Procedure in Agrarian Appeals: DARAB Rules Liberally Construed

SC rules DARAB notices of appeal should be liberally construed; technical defects must not defeat substantial justice in agrarian cases.

Apr 13, 2010labor lawprobationary employmentfixed-term contractillegal dismissalteachersacademic freedom

Probationary Employment vs Fixed-Term Contracts: What Schools Must Prove to Avoid Illegal Dismissal Claims

Philippine Supreme Court clarifies how probationary employment rules apply to teachers on fixed-term contracts, and what employers must prove.

Apr 13, 2010labor-lawjust-causedismissalserious-misconductdue-processtechnol-eight

Workplace Misconduct: Defining the Boundaries of Just Cause for Dismissal in the Philippines

When does a fistfight outside work justify dismissal? The Supreme Court clarifies the limits of just cause under Philippine labor law.

Apr 13, 2010property-lawreconveyancepossessionexecution-of-judgmentimprovementsrule-39

Possession Follows Ownership Clearing Improvements After Land Reconveyance

When a court orders reconveyance of land, does possession automatically follow? The Supreme Court clarifies the rules on removing improvements.

Apr 12, 2010forcible-entryjurisdictionejectmentstealthpossessionproperty-law

Forcible Entry Jurisdiction: When Stealth Extends the One-Year Filing Period

Learn how the Supreme Court ruled on forcible entry jurisdiction, stealth dispossession, and the one-year filing period in Nuñez v. SLTEAS Phoenix Solutions.

Apr 12, 2010kidnappingcriminal lawconspiracyalibirevised penal code

Kidnapping for Ransom Conviction Affirmed: The Limits of Alibi and Denial of Conspiracy

Supreme Court affirms kidnapping-for-ransom convictions, explaining why alibi fails against positive identification and how conspiracy is inferred from concerted acts.

Apr 12, 2010forcible entryejectmentjurisdictionpossessionjuridical actsproperty law

Upholding Possession Jurisdiction in Forcible Entry Cases and the Significance of Juridical Acts

Learn how the Supreme Court ruled on forcible entry jurisdiction, possession through juridical acts, and the one-year prescriptive period.

Apr 8, 2010election-lawparty-listlgbt rightsequal protectioncomelecreligious freedom

Beyond Morality: LGBT Rights and Party-List Accreditation in the Philippines

The Supreme Court ruled that moral disapproval alone cannot bar LGBT groups from party-list accreditation, affirming equal protection and secular governance.

Apr 8, 2010administrative-lawjurisdictionnwrbcourt-of-appealswater-coderule-43

Appeals From the NWRB: Clarifying Jurisdiction Between the RTC and Court of Appeals

The Supreme Court clarifies that appeals from National Water Resources Board decisions go to the Court of Appeals, not the RTC.