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显示第 10873–10896 篇,共 24,759 篇文章

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Apr 5, 2010administrative lawjudicial misconductprejudicial questioncertiorarirules of court

When a Judge's Oversight Becomes Judicial Misconduct: The Ty-De Zuzuarregui Case

The Supreme Court clarifies when a judge's procedural lapse amounts to grave abuse of discretion, and the rules on prejudicial questions.

Apr 5, 2010labor-lawillegal-dismissaldue-processpreventive-suspensionwage-deductionslabor-code

Safeguarding Employee Rights: The Imperative of Due Process in Termination Cases

Philippine Supreme Court ruling on Genesis Transport clarifies preventive suspension limits, valid dismissal, and illegal wage deductions under the Labor Code.

Apr 5, 2010labor lawillegal dismissalwage deductionspreventive suspensiondue processlabor code

Toll Fee Deductions and Due Process: Protecting Employee Wages and Rights in Dismissal Cases

Supreme Court rules on illegal wage deductions from commissions and clarifies the 30-day preventive suspension rule in labor cases.

Apr 5, 2010civil procedurecorporate lawforum shoppingsubstantial complianceverificationcourt of appeals

Substantial Compliance in Corporate Filings: When Imperfect Paperwork Doesn't Sink the Ship

Philippine Supreme Court clarifies when defective corporate verification and non-forum shopping certifications may be cured by substantial compliance.

Apr 5, 2010criminal-lawrapeacts-of-lasciviousnessarticle-89death-of-accusedpeople-vs-bayotas

Father's Death During Appeal Extinguishes Criminal and Civil Liability

Supreme Court explains how a father's death pending appeal extinguishes criminal liability and civil liability ex delicto under Article 89.

Mar 30, 2010administrative-lawsupreme courtlawyer suspensionreinstatementpractice of lawibp

Reinstatement After Suspension: The Process for Lawyers to Resume Practice in the Philippines

The Supreme Court clarifies the procedure for lifting a lawyer's suspension, requiring a sworn statement of compliance before resuming practice.

Mar 30, 2010constitutional-law

Upholding DUE Process THE Automatic Lifting OF Sequestration Orders FOR Unimpleaded Entities

Mar 30, 2010election-law

Protecting THE Integrity OF Ballots THE Imperative OF Evidence IN Philippine Election Contests

Mar 30, 2010labor-lawconstructive-dismissalemployee-transfermanagement-prerogativeillegal-dismissal

Constructive Dismissal Redefining Unreasonable Employee Transfers Under Philippine LAW

When does a job transfer become constructive dismissal? The Supreme Court clarifies the rule on unreasonable transfers in Philippine Veterans Bank v. NLRC.

Mar 30, 2010reformation of instrumentscivil lawnotarized deedspresumption of regularitycontract law

Reformation of Instruments: Proving True Intent Beyond Notarized Deeds

Explore when Philippine courts allow reformation of a notarized deed and why clear, convincing evidence is required to override its presumption of regularity.

Mar 30, 2010treacherymurderunlicensed firearmcriminal lawphilippine lawreclusion perpetua

Treachery and Unlicensed Firearms: Defining Murder and Penalties in Philippine Law

The Supreme Court explains when a sudden, surprise shooting amounts to treachery for murder, and why using an unlicensed firearm can raise the penalty.

Mar 30, 2010labor-lawseparation-payauthorized-causecompassionate-justicesolidbanktermination

Compassionate Justice vs Legal Obligation: Limits of Financial Assistance in Authorized Dismissals

Supreme Court rules employers cannot be forced to pay extra financial assistance beyond separation pay mandated by law for valid closures.

Mar 29, 2010property-lawres-judicatacitizenshipexecution-of-judgmentfinality-of-judgmentland-ownership

Finality Prevails: Citizenship Challenges Barred After Judgment in Property Disputes

A losing party cannot raise a buyer's citizenship after judgment becomes final. The Supreme Court explains why res judicata bars such challenges.

Mar 29, 2010agrarian reformcarpdarab jurisdictionfarmer-beneficiariesadministrative lawdar

Agrarian Reform: DAR's Authority in Beneficiary Selection Prevails Over DARAB Adjudication

Supreme Court clarifies that identifying and selecting CARP farmer-beneficiaries is an exclusive administrative function of the DAR Secretary, not the DARAB.

Mar 29, 2010agrarian reformdarab jurisdictioncarpfarmer-beneficiariesadministrative lawdar

Who Picks Agrarian Reform Beneficiaries? The DAR, Not DARAB, Decides

Supreme Court clarifies that the DAR Secretary—not DARAB—has exclusive jurisdiction to identify and select qualified CARP farmer-beneficiaries.

Mar 29, 2010criminal-law

Reinstating Appeals Substantial Justice Over Technicalities IN Perjury Cases

Mar 29, 2010criminal-law

Protecting Minors Positive Identification AND Exemplary Damages IN Rape Cases

Mar 29, 2010labor-lawillegal dismissalconspiracyfraudjust-causenlrc

Conspiracy in Labor Disputes: Defining Employee Involvement in Fraudulent Transactions

Supreme Court clarifies when an employee's seemingly minor act in a fraudulent scheme constitutes conspiracy justifying dismissal.

Mar 26, 2010energy lawercdoejurisdictionepiraadministrative law

Energy Sector Disputes Clarifying Jurisdiction Between the ERC and DOE

Supreme Court clarifies which agency hears energy disputes: the ERC's jurisdiction is limited, while the DOE handles distribution issues.

Mar 26, 2010agrarian reformcarpland classificationproperty lawzoningdar

CARP Land Use Classification and Exemption Requirements Explained

Learn when land is exempt from CARP coverage based on use classification before June 15, 1988, and why "reserved for residential" is not enough.

Mar 26, 2010judicial conductgross misconductadministrative lawphilippine supreme courtjudicial ethics

When Safekeeping Turns Into Gross Misconduct: A Judge's Duty of Propriety

A Philippine judge kept a litigant's antique pieces for four years. The Supreme Court called it gross misconduct, not mere impropriety, and suspended him.

Mar 26, 2010election lawgun banairsoftcomelecfirearms regulationorceo v comelec

Election Gun Ban and Airsoft Guns: What the Supreme Court Ruled

The Supreme Court upheld COMELEC's inclusion of airsoft guns in the election gun ban but excluded replicas and imitations.

Mar 26, 2010agrarian reformjust compensationjurisdictionland bankra 6657special agrarian court

Special Agrarian Court Jurisdiction: Province-Wide, Not Just Local

Just compensation cases may be heard by the designated Special Agrarian Court anywhere in the province, even outside its regular territory.

Mar 26, 2010property lawinnocent purchasergood faithcivil lawtorrens titlesupreme court

Good Faith Prevails: Protecting Innocent Purchasers in Property Disputes

Philippine Supreme Court ruling on innocent purchasers for value, good faith, and extinguishment of claims in property disputes.