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显示第 11617–11640 篇,共 24,769 篇文章

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Aug 23, 2009local government codesangguniang bayanmunicipal appointmentscivil service commissionadministrative law

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.

Aug 19, 2009labor lawappeal bondnlrcprocedural rulesillegal dismissaljurisprudence

The Binding Nature of Counsel's Negligence: Upholding Procedural Rules in Labor Appeals

Explore how the Supreme Court addressed appeal bond requirements and procedural rules in labor cases, balancing technicalities with substantial justice.

Aug 19, 2009administrative-law

Upholding Honesty IN Public Service Falsification OF Time Records AND Mitigating Circumstances IN Administrative Cases

Aug 19, 2009civil procedurefresh period rulenotice of appealmotion for reconsiderationneypes doctrinephilippine law

Fresh Period Rule: The Right to Appeal After a Motion for Reconsideration

Learn how the Fresh Period Rule in Neypes v. CA gives litigants 15 days from denial of a motion for reconsideration to appeal.

Aug 19, 2009statutory rapechild testimonycriminal lawalibiphilippine jurisprudence

Rape of a Minor: Upholding a Child Victim's Testimony in Statutory Rape Cases

In People v. Lazaro, the Supreme Court affirmed a statutory rape conviction, showing how child testimony, medical evidence, and settled doctrine sustain a guilty verdict.

Aug 19, 2009criminal-lawpositive-identificationalibimurderfrustrated-murderevidence

Positive Identification Prevails Over Alibi in Philippine Criminal Cases

The Supreme Court affirms that positive identification by credible witnesses outweighs the defense of alibi in establishing guilt beyond reasonable doubt.

Aug 19, 2009forum shoppingcivil procedurelegal remedysupreme courtphilippines

Forum Shopping One Wrongful ACT One Legal Remedy Only

A Philippine Supreme Court ruling on forum shopping, one wrongful act, and the single legal remedy rule in civil procedure.

Aug 19, 2009land registrationproperty registration decreepossessiontorrens titlecivil law

Land Registration: Proving Open Continuous Possession Since 1945

How the Supreme Court applied Section 14(1) of the Property Registration Decree to confirm title through open, continuous possession since June 12, 1945.

Aug 19, 2009legal feesindigent litigantsupreme courtcorporationsfree access to courtsrule 141

Indigency Status Corporations Cannot Claim FEE Exemption Despite Aiding THE Poor

Philippine Supreme Court rules corporations cannot claim indigent litigant fee exemptions, even when serving the poor. Learn the legal basis.

Aug 19, 2009labor-lawillegal-dismissalvoluntary-resignationseparation-payburden-of-proofconstructive-dismissal

Illegal Dismissal Termination Requires Proof of Voluntary Resignation

Employers claiming voluntary resignation must prove it; otherwise, dismissal is illegal and separation pay is due.

Aug 19, 2009evidencerules of courtamendment of pleadingssurety agreementcivil procedure

Substitution of Evidence: Balancing Justice and Procedural Rules in Contract Disputes

When a bank filed a collection suit with an altered surety agreement, the Supreme Court ruled on substituting evidence and amending pleadings.

Aug 19, 2009criminal lawdangerous drugsra 6425buy-bust operationsupreme court

Separate Convictions for Drug Sale and Possession: Protecting Public Safety and Upholding the Law

The Supreme Court clarifies that selling and possessing illegal drugs are distinct crimes, each carrying its own penalty under Philippine law.

Aug 19, 2009attachmenttorrens systemunregistered saleproperty lawphilippine jurisprudence

Attachment vs. Unregistered Sale: Who Has the Better Right Over Land?

A registered writ of attachment generally beats an earlier unregistered deed of sale, but knowledge of the prior sale can change the outcome. Here is how the Court ruled.

Aug 19, 2009labor-lawillegal-dismissalbreach-of-trustgross-negligenceelectric-cooperativejust-cause

Breach of Trust and Misappropriation of Funds Justify Dismissal in Electric Cooperative

Supreme Court rules that misappropriating collections and gross negligence are valid causes for dismissing employees of an electric cooperative.

Aug 19, 2009labor-lawsurety-bondappeal-perfectionnlrcillegal-dismissalaccreditation

Surety Bond Validity: The Impact of Accreditation on Appeal Perfection in Labor Cases

Learn how the Supreme Court ruled that a surety bond remains valid if the bonding company was accredited at the time of issuance, affecting labor appeal perfection.

Aug 19, 2009election-lawcomelecappealfiling-feesjurisprudence

Perfecting Appeals: Strict Adherence to COMELEC Rules on Filing Fees

The Supreme Court underscores that failure to pay the correct appeal fee within the reglementary period is fatal to an election appeal before the COMELEC.

Aug 16, 2009criminal-lawrapestatutory-rapesupreme-courtchildrenreclusion-perpetua

Rape Conviction Upheld: The Law Protects Vulnerable Children

The Supreme Court affirms the conviction of a man for statutory rape of an 11-year-old girl, clarifying key rules on carnal knowledge and penalties.

Aug 14, 2009trademarkintellectual propertyginebrasecondary meaningpreliminary injunctionphilippine law

When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?

The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.

Aug 14, 2009labor-lawillegal dismissalgross negligenceserious misconductdue processlabor code

When Heated Words Lead to Illegal Strikes: Balancing Free Speech and Order in Labor Disputes

Philippine Supreme Court ruling on gross negligence, serious misconduct, and due process in employee dismissal cases under the Labor Code.

Aug 14, 2009mining lawjurisdictionpanel of arbitratorsphilippine mining actcontract disputessupreme court

Navigating Mining Disputes When Courts NOT Arbitrators Decide Contract Validity

Philippine Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining contract disputes.

Aug 14, 2009labor-law

Redundancy Programs Employers Prerogative VS Employee Rights IN Termination

Aug 14, 2009ombudsmangrave-abuse-of-discretionadministrative-lawjudicial-reviewfinality-of-decisions

Grave Abuse of Discretion: When Final Ombudsman Decisions Can Be Challenged

Explore when a final Ombudsman decision may be challenged for grave abuse of discretion, and the limits of judicial review.

Aug 14, 2009mining lawcontract lawjurisdictionpanel of arbitratorsphilippine mining actsupreme court

Mining Disputes and Contract Validity: When Courts Take Over From Arbitrators

Philippine Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining contract disputes.

Aug 14, 2009labor-lawconstructive-dismissalmanagement-prerogativeemployee-benefitstransfer-of-employees

Management Prerogative vs Constructive Dismissal: When Transfer of Employees Is Valid

Supreme Court clarifies when a permanent transfer is valid management prerogative and not constructive dismissal, and when benefits may be reduced.