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显示第 11209–11232 篇,共 24,768 篇文章

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Dec 21, 2009constitutional-lawlocal-governmentcityhoodequal-protectionlegislative-powersupreme-court

Cityhood Laws and Equal Protection: Defining Legislative Power in Local Governance

The Supreme Court upholds cityhood laws exempting municipalities from RA 9009's income requirement, affirming Congress's plenary power.

Dec 21, 2009agrarian reformtenant redemptiondarabrule 43right of redemptionprocedural rules

Tenant's Right of Redemption: Written Notice Requirement and the Perils of Wrong Appeal Remedy

Supreme Court clarifies tenant redemption rights require written notice, and errors in appeal mode are fatal to agrarian cases.

Dec 18, 2009administrative lawlaguna lake development authoritywater pollutionimplied powersenvironmental regulationpd 984

LLDA's Implied Power to Impose Fines for Water Pollution Violations

Supreme Court affirms LLDA's implied power to impose daily fines for water pollution, citing its regulatory and quasi-judicial functions.

Dec 18, 2009property-lawprescriptionlachesconjugal-propertycivil-codereconveyance

Prescription and Marital Consent: Protecting Property Rights in the Philippines

A Supreme Court ruling on how prescription and laches can bar claims over conjugal property sold without the wife's consent.

Dec 18, 2009administrative-lawcivil-service-commissionexhaustion-of-administrative-remediesgovernment-reorganizationprimary-jurisdictionsecurity-of-tenure

Exhaustion of Administrative Remedies: CSC Jurisdiction Over Government Reorganization Disputes

Learn why the Supreme Court ruled that dismissed government employees must first exhaust remedies before the CSC, not the courts.

Dec 18, 2009labor-lawseparation-payretirement-benefitsepiranational-power-corporationgovernment-reorganization

Double Dipping Denied: Separation Pay vs Retirement Benefits in Government Restructuring

Supreme Court rules NPC employees who received separation pay under EPIRA cannot also claim retirement benefits under CA 186, as amended.

Dec 18, 2009labor-lawseparation-paysocial-justiceterminationgross-neglectsupreme-court

Separation Pay for Validly Dismissed Employees: The Quiambao Ruling on Social Justice Limits

Supreme Court clarifies when validly dismissed employees may receive separation pay, balancing social justice against employer rights.

Dec 18, 2009forum shoppingcertification against forum shoppinghlurbadministrative lawappealfinal and executory

Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB

A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.

Dec 18, 2009rapecriminal lawwitness credibilityalibiphilippine jurisprudence

Conviction for Rape Based on Credible Victim Testimony Alone

The Supreme Court affirms that a rape conviction may rest solely on the victim's credible testimony, even without medical findings or corroborating witnesses.

Dec 18, 2009mortgage foreclosurepreliminary injunctiongrave abuse of discretionbanking lawcivil procedureextrajudicial foreclosure

Mortgage Foreclosure Rights Prevail When Preliminary Injunction Lacks Legal Basis

Supreme Court nullifies preliminary injunction blocking bank foreclosure, ruling debtors' failure to show clear right constitutes grave abuse of discretion.

Dec 17, 2009bill of ladingconsignee liabilityfreight chargescontract of carriageshipping law

When Is a Consignee Liable for Freight? The MOF v. Shin Yang Rule

A consignee named in a bill of lading is not automatically liable for freight charges. The Supreme Court explains when liability attaches.

Dec 16, 2009administrative lawmmdabillboard regulationpolice powerproperty rightssupreme court

MMDA Has No Power to Dismantle Billboards on MRT3 Private Property

Supreme Court ruling that MMDA cannot dismantle billboards on MRT3 structures, clarifying the agency's limited administrative powers under RA 7924.

Dec 16, 2009criminal-law

Entrapment VS Instigation Upholding Convictions IN Drug Cases Through Valid BUY Bust Operations

Dec 16, 2009administrative lawdue processpezaecozonesubstantial evidencecancellation of registration

Due Process in Administrative Cases: PEZA Cancellation of Ecozone Registration Upheld

Supreme Court rules on due process and substantial evidence in administrative proceedings involving PEZA cancellation of ecozone enterprise registration.

Dec 16, 2009contract-lawmmdamrt3billboardsproperty-rightsadministrative-law

Advertising Rights vs Public Authority: MMDA's Power Over MRT3 Advertisements

Supreme Court ruling on whether MMDA could dismantle billboards on MRT3, a private property under a build-lease-transfer agreement.

Dec 16, 2009civil service commissionjudicial independenceadministrative lawcourt personneldisciplinary jurisdictionsupreme court

Upholding Judicial Independence: The Limits of CSC Authority Over Court Personnel

Supreme Court affirms only it can discipline court personnel, even in civil service exam anomalies.

Dec 16, 2009administrative lawdue processpezaregistration cancellationspecial economic zone

Due Process in PEZA Registration Cancellation: What Fair Administrative Action Requires

The Supreme Court clarifies what due process means in PEZA registration cancellation cases, explaining the notice-and-hearing requirement for ecozone enterprises.

Dec 15, 2009writ of possessionextrajudicial foreclosureforum shoppingact no. 3135civil proceduresupreme court

Writ of Possession in Extrajudicial Foreclosure: No Certification Against Forum Shopping Required

Learn why the Supreme Court ruled that an ex parte petition for a writ of possession is not an initiatory pleading, so no certification against forum shopping is needed.

Dec 15, 2009civil-law

DUE Process AND Forcible Entry Prior Possession Prevails IN Land Disputes

Dec 14, 2009vat refundcapital goodstax exemptiondepreciable assetskepcobir

VAT Refund on Capital Goods: Strict Rules on Depreciable Assets

Philippine Supreme Court clarifies strict requirements for VAT refund claims on capital goods, emphasizing proper accounting treatment as depreciable assets.

Dec 14, 2009good-faithtorrens-titleownership-disputereconveyanceland-registrationconstructive-trust

Good Faith and Land Titles: Resolving Ownership Disputes in the Philippines

Learn how the Supreme Court balances Torrens titles against good faith in ownership disputes, and why buyers must investigate suspicious circumstances.

Dec 14, 2009annulment of judgmentextrinsic fraudcivil procedureland disputedue diligence

Annulment of Judgment: Extrinsic Fraud and Due Diligence in Land Disputes

The Supreme Court clarifies when annulment of judgment is available, emphasizing due diligence and the limits of extrinsic fraud claims.

Dec 14, 2009legal ethicsdisbarmentattorney disciplineclient fundsprofessional responsibility

When Deceit and Misappropriation Tarnish Legal Practice: A Case on Attorney Disbarment

Learn how the Supreme Court disciplines lawyers who deceive clients and mishandle funds, and what this means for ethical practice.

Dec 14, 2009retroactivity of lawsbank liquidationpdicvested rightscivil codesurplus dividends

Retroactivity of Laws and Vested Rights in Bank Liquidation: PDIC v. Stockholders of Intercity Bank

When can a new law apply to an ongoing bank liquidation? The Supreme Court explains the rule on retroactivity and vested rights.