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显示第 11713–11736 篇,共 24,771 篇文章

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Jul 28, 2009labor-lawillegal-dismissalabandonmentdue-processterminationnominal-damages

Due Process vs Abandonment: Balancing Employee Rights in Termination Cases

Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.

Jul 28, 2009labor-lawillegal dismissalabandonmentdue processnominal damagesnlrc

Abandonment of Work and Due Process: When Dismissal Is Valid but Still Costs the Employer

Philippine Supreme Court clarifies that abandoning work is a just cause for dismissal, but employers who skip the two-notice rule still pay nominal damages.

Jul 28, 2009contempt of courtjudicial conductdue processrule 71administrative law

Judicial Restraint Limits on Contempt Power and Due Process Rights

The Supreme Court fines a judge P40,000 for citing a driver in contempt over a parking space, stressing restraint and due process in contempt cases.

Jul 27, 2009labor-lawcivil-serviceretirementappointment-disputessupreme-courtgovernment-reorganization

Retirement Rights Prevail Resolving Appointment Disputes IN Philippine Civil Service

Philippine Supreme Court ruling on how retirement moots appointment disputes in civil service reorganization cases.

Jul 27, 2009criminal-lawrobbery-with-homiciderevised-penal-codesupreme-courtphilippines

Robbery With Homicide: When the Killing Lacks the Required Connection to the Robbery

Philippine Supreme Court explains when a killing is "by reason or on the occasion" of robbery, and when separate crimes result instead.

Jul 27, 2009administrative lawjudicial disciplinespeedy dispositioncourt managementjudgesclerks of court

Upholding Judicial Efficiency: Disciplinary Actions for Delayed Case Resolution in the Philippine Judiciary

The Supreme Court holds judges and clerks of court accountable for delayed case resolution, reinforcing the constitutional right to speedy disposition of cases.

Jul 27, 2009contract-lawstipulation-pour-autruicivil-coderight-of-repurchasephilippine-supreme-court

Stipulation Pour Autrui: The Beneficiary's Right and Timely Acceptance

Philippine Supreme Court clarifies stipulation pour autrui requisites, acceptance timing, and repurchase rights under Article 1606 in Narvaez v. Alciso.

Jul 27, 2009civil-serviceadministrative-lawretirementappointmentmootnesscsc

When Does a Retirement Moot an Appointment Disapproval? A CSC Case Study

Explore Civil Service Commission v. Tahanlangit, where the Supreme Court ruled on when retirement renders an appointment disapproval moot.

Jul 27, 2009civil-procedurerule-65certiorarisupreme-courtrules-of-courtlaguna-metts

No More Extensions for Certiorari Petitions: The Strict 60-Day Rule Under A.M. No. 07-7-12-SC

The Supreme Court clarifies that courts can no longer grant extensions for Rule 65 certiorari petitions after A.M. No. 07-7-12-SC deleted the allowance.

Jul 27, 2009election lawcomelecappeal feesestoppellacheselection protest

Election Appeal Fees and Estoppel: Divinagracia v. Comelec Explained

The Supreme Court rules that belatedly questioning unpaid election appeal fees may be barred by estoppel by laches. Learn the rules.

Jul 27, 2009civil service commissiongovernment appointmentretirementadministrative lawsupreme courtphilippine law

When Retirement Moots a Disapproved Appointment: CSC vs. Tahanlangit

Explaining the Supreme Court ruling that optional retirement during the appeal period renders a CSC appointment disapproval moot.

Jul 27, 2009right of repurchasestipulation pour autruiphilippine civil codeland ownershipprescription

Prescription and Land Ownership: Protecting the Rights of Long-Term Land Possessors

A Supreme Court ruling clarifies how the right to repurchase land works, when acceptance of a contract benefit is valid, and why builders on their own land need no protection.

Jul 27, 2009election lawcertificate of candidacyvoter registrationdisqualificationomnibus election codecomelec

Voter Registration Integrity False Statements AND Election Candidacy

SC ruling on double voter registration and false statements in certificates of candidacy under Section 78 of the Omnibus Election Code.

Jul 24, 2009legal ethicsconflict of interestattorney disqualificationcode of professional responsibilitydisbarmentlawyer-client relationship

Attorney Disqualification When Client Loyalty Trumps Informal Advice

A lawyer who gives informal advice can still form a client-lawyer relationship; representing opposing interests leads to disbarment.

Jul 23, 2009conjugal-propertyspousal-consentproperty-lawcivil-codereal-estate

Spousal Consent in Real Estate Sales: When a Sale Without It Is Void

Philippine Supreme Court ruling on why selling conjugal property without the wife's consent makes the sale void, explained in plain language.

Jul 23, 2009property-law

Writ OF Possession Ministerial Duty Despite Pending Annulment Case

Jul 23, 2009labor-law

Clarifying Back Wages IN Illegal Dismissal Coca Cola VS Agito

Jul 23, 2009collective bargaining agreementlabor lawtuition fee increasevoluntary arbitrationuniversity employees

Contractual Obligations Prevail Interpreting Collective Bargaining Agreements in Labor Disputes

When CBA terms are clear, courts enforce them literally—even if the employer later finds the deal unfavorable.

Jul 23, 2009legal ethicsdisbarmentcode of professional responsibilityclient fundsattorney negligencemisappropriation

Attorney Disbarred for Gross Neglect and Misappropriation of Client Funds

Supreme Court disbars lawyer who neglected a client's criminal case and misappropriated P18,000 intended for bail bond.

Jul 23, 2009expropriationjust compensationappeallandbankagrarian reform

Lost Appeal Timeliness Rules in Expropriation Cases in the Philippines

When must an expropriation appeal be filed? Philippine Supreme Court clarifies appeal timeliness rules in land compensation cases.

Jul 23, 2009labor-lawcorporate-liabilitypiercing-corporate-veilseafarer-benefitspoea-contract

Piercing the Corporate Veil: Corporate Officer Liability in Labor Disputes

When can corporate officers be personally liable for labor claims? The Supreme Court clarifies the doctrine of piercing the corporate veil in Nisda v. Sea Serve Maritime Agency.

Jul 23, 2009criminal-lawdrug-offenseschain-of-custodyentrapmentreasonable-doubtjurisprudence

Entrapment vs Instigation: Chain of Custody in Drug Offenses

The Supreme Court acquits a drug suspect due to a broken chain of custody, explaining the rules on entrapment and evidence integrity.

Jul 23, 2009seafarersdisability benefitspoea contractwork-related illnessmaritime lawoverseas employment

Seafarers Disability: Proving Work-Related Illness Under the POEA Contract

Learn how the Supreme Court ruled on a seafarer's disability claim for heart disease under the POEA Standard Employment Contract.

Jul 23, 2009criminal-lawrapewitness-testimonymental-retardationcredibilityqualified-rape

Mental Retardation and Witness Credibility in Rape Cases: People v. Martinez

The Supreme Court affirms that mental retardation alone does not disqualify a rape victim from testifying credibly.