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显示第 11257–11280 篇,共 24,768 篇文章

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Dec 4, 2009labor-lawappeal-bondillegal dismissalnlrcreturn-to-workreinstatement

Return-to-Work Orders and Appeal Bonds: Lessons from Ramirez v. Valcueba

When a labor arbiter orders reinstatement and awards money, an employer's appeal must post the full bond—or risk a final judgment.

Dec 4, 2009labor-lawdrug-testingillegal-dismissalemployee-rightsra-9165due-process

Drug Testing in the Workplace: Ensuring Procedural Rigor and Employee Rights

The Supreme Court ruled that employers must ensure drug tests are properly administered, or face liability for illegal dismissal.

Dec 4, 2009eminent domainjust compensationagrarian reformland bankfinal judgments

Just Compensation and Timely Payment: Landowners' Rights in Eminent Domain

Apo Fruits v. Land Bank clarifies when interest and attorney's fees may be awarded in agrarian expropriation cases and why final judgments cannot be reopened.

Dec 4, 2009criminal-lawdrug-possessionra-9165evidencecredibilityshabu

Navigating Drug Possession Laws: Evidence and Credibility in Shabu Cases

A Supreme Court ruling on drug possession explains why minor witness inconsistencies and the defense of frame-up often fail against credible police testimony.

Dec 4, 2009civil-lawappealsestate-proceedingsrules-of-courtjurisdictionspecial-proceedings

Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings

Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.

Dec 4, 2009maritime-law

Mandatory Medical Reporting FOR Seafarers Forfeiture OF Benefits FOR NON Compliance

Dec 4, 2009derivative suitminority shareholdersservice of summonsjurisdictioncorporate lawphilippine litigation

Protecting Minority Shareholders When CAN A Derivative Suit BE Dismissed

Learn when Philippine courts may dismiss a derivative suit, the strict rules on service of summons, and how jurisdiction protects minority shareholders.

Dec 4, 2009public fundscompromise agreementgovernment assetspncccorporate governancesupreme court

Protecting Public Funds Supreme Court Invalidates Compromise Agreement Involving Government Assets

Supreme Court voids PNCC-Radstock compromise that would have transferred P6.185 billion in public assets to a private foreign firm.

Dec 4, 2009annulmentprescriptionfamily codecivil lawphilippine law

Prescription in Annulment Cases: When Does the Clock Start Ticking?

Philippine law on prescription periods for annulment of marriage explained, including when the prescriptive period begins and key rules.

Dec 4, 2009administrative-lawgross-neglect-of-dutycourt-personnelcertificationcode-of-conduct

Exhaustion of Administrative Remedies and the Finality of COA Decisions

Court personnel who certify documents without verifying records face dismissal for gross neglect of duty, as this ruling shows.

Dec 4, 2009agrarian reformcarpland conversiontourism zoneproperty lawsupreme court

Agrarian Reform vs Tourism: Resolving Land Use Conflicts in the Philippines

Supreme Court ruling on whether tourism zone proclamations automatically exempt agricultural lands from CARP coverage.

Dec 4, 2009legal ethicsdisbarmentcode of professional responsibilityforum shoppingcandor

Disbarment for Misconduct: Upholding Candor and Justice in Legal Practice

A lawyer's disbarment for abuse of court processes, forum shopping, and falsehoods—a reminder that zeal must yield to truth and justice.

Dec 3, 2009election-lawcomeleccontemptinvestigative-powerelectionscommission-on-elections

COMELEC Contempt Power Upholds Investigative Authority for Fair Elections

Supreme Court affirms COMELEC's power to punish contempt during fact-finding investigations, reinforcing its constitutional mandate to ensure honest elections.

Dec 3, 2009election-lawcomeleccontemptdue-processomnibus-election-code

Contempt of the COMELEC: Scope of Power and Due Process in Election Investigations

The Supreme Court affirms COMELEC's power to initiate contempt proceedings motu proprio during fact-finding investigations, clarifying due process requirements.

Dec 3, 2009rescissionprescriptionproperty lawcivil codesaleswarranty against eviction

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Dec 3, 2009writ of amparoenforced disappearancehuman rightsconstitutional lawpolice accountability

Enforced Disappearance and Government Accountability: The Writ of Amparo Explained

The Supreme Court clarifies the writ of amparo as a protective remedy against enforced disappearance, distinguishing responsibility from accountability.

Dec 3, 2009timber licensepresidential warrantynon-impairment clauseconstitutional lawnatural resourcesmandamus

Presidential Warranty vs Constitutional Limits: Timber License Rights in the Philippines

The Supreme Court clarifies that timber licenses and presidential warranties are not contracts protected by the non-impairment clause, upholding constitutional limits on natural resource exploitation.

Dec 3, 2009election-lawcomeleccontemptquasi-judicialbedolsupreme-court

Contempt of the COMELEC: The Scope of Its Quasi-Judicial Power Explained

The Supreme Court affirms COMELEC's power to cite for contempt even when acting through fact-finding task forces, clarifying the scope of its quasi-judicial authority.

Dec 3, 2009constitutional-lawnatural-resourcestimber-licensepresidential-warrantynon-impairment-clausemandamus

Presidential Warranties vs. State Sovereignty: The PICOP Timber License Case

The Supreme Court ruled presidential warranties on timber licenses are not contracts, and state sovereignty over natural resources prevails.

Dec 3, 2009constitutional-lawright-to-travelwrit-of-amparohold-departure-ordercriminal-procedure

Right to Travel vs Public Interest: Examining the Scope of the Writ of Amparo

The Supreme Court explains why the writ of amparo cannot question travel restrictions such as hold departure orders issued in pending criminal cases.

Dec 2, 2009labor-lawreinstatementbackwagescorporate-restructuringillegal-dismissalseparation-pay

Reinstatement vs Restructuring: Employee Rights in Corporate Changes

Philippine Supreme Court ruling on employee rights when corporate restructuring invalidates termination—reinstatement, backwages, and separation pay explained.

Dec 2, 2009labor-lawillegal-dismissalreinstatementnational-power-corporationpsalmepira

Unlawful Termination of NPC Employees: Reinstatement Rights and Corporate Liability

The Supreme Court clarifies reinstatement rights for illegally dismissed NPC employees and limits PSALM's liability in execution.

Dec 1, 2009election-lawequal-protectioncertificate-of-candidacyappointive-officialscomelecsupreme-court

Balancing Public Service and Political Rights: The Unconstitutionality of Automatic Resignation for Appointive

The Supreme Court strikes down the automatic resignation rule for appointive officials who file certificates of candidacy, upholding equal protection and political rights.

Nov 30, 2009labor lawillegal dismissalretirement paybackwagessecurity of tenurephilippine supreme court

Reinstatement vs. Abandonment: How the Supreme Court Determines Illegal Dismissal and Employee Rights

A Supreme Court ruling clarifies when an employee is illegally dismissed, when retirement is truly voluntary, and what backwages and separation pay are owed.