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显示第 12097–12120 篇,共 24,772 篇文章

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Mar 26, 2009carrier liabilitycargo damagecogsacommon carriershipping lawsubrogation

Carrier Liability for Cargo Damage During Unloading: The Wallem Doctrine

When is a shipping carrier liable for cargo damaged during unloading? The Supreme Court clarifies the rule on carrier responsibility and arrastre operator liability.

Mar 25, 2009criminal-lawrapesexual-assaultacts-of-lasciviousnessvictim-rightscredibility

Sexual Assault Credibility and Victim Rights in Philippine Rape Cases

How Philippine courts assess victim credibility in sexual assault cases, safeguard victim rights, and determine proper charges and penalties.

Mar 25, 2009foreclosuremortgagebad faithcivil codebanking law

When Foreclosure Is Not Bad Faith: DBP v. Doyon on Mortgagee Rights

Supreme Court clarifies when a bank's foreclosure after withdrawing an earlier case is not bad faith, and upholds mortgage possession and auction rules.

Mar 25, 2009executionfinal judgmentlabor lawbackwagesproject employeecreditors rights

Execution Pending Appeal: Weighing Discretion and Protecting Creditors' Rights in Philippine Courts

Philippine Supreme Court ruling on final judgments, execution, and the limits of challenging a labor arbiter's writ of execution.

Mar 25, 2009legal-ethicsjudicial accountabilitysheriffadministrative casepresidential decree 26grave-misconduct

Judicial Accountability Negligence VS Simple Misconduct IN Handling Delayed Cases

A sheriff’s misuse of the franking privilege drew a fine, while a letter about flag ceremony attendance was not misconduct.

Mar 25, 2009labor-lawbonusemployment-compensationphilippine-supreme-court

Bonus Entitlement Discretion VS Contractual Right IN Employment Compensation

Philippine Supreme Court ruling on when bonuses are discretionary and when they become contractual obligations of employers.

Mar 25, 2009labor-lawvoluntary-arbitrationrule-43certiorarisupreme-courtphilippines

Challenging Voluntary Arbitration Awards: The Right Remedy for Labor Disputes

Learn the correct legal remedy for appealing voluntary arbitration awards in Philippine labor disputes, from the Supreme Court ruling in Samahan ng mga Manggagawa sa Hyatt.

Mar 25, 2009foreclosuremortgagedevelopment bank of the philippinescivil codeextrajudicial foreclosuresupreme court

Foreclosure Rights: DBP Can Foreclose Despite Prior Dismissal of Case

Philippine Supreme Court ruling on whether a bank's withdrawal of a foreclosure case bars it from foreclosing again later. Learn the rules.

Mar 24, 2009labor-lawofw-rightsillegal-dismissalsupreme-courtra-8042seafarers

Safeguarding OFW Rights Supreme Court Strikes Down Unfair Compensation Limits IN Illegal Dismissal Cases

The Supreme Court struck down the three-month cap on illegal dismissal compensation for overseas Filipino workers, affirming full protection of their contractual rights.

Mar 23, 2009corporate lawratificationapparent authoritybankingcivil law

When Does a Bank Ratify an Unauthorized Act? Lessons from Westmont Bank v. Inland Construction

The Supreme Court explains when a corporation, especially a bank, is deemed to have ratified an unauthorized act of its officer.

Mar 23, 2009judicial conductadministrative lawmisconductimpartialitycode of judicial conductsupreme court

Judicial Conduct: A Judge's Duty to Uphold Impartiality and Avoid Misconduct

The Supreme Court reminds judges that even well-intentioned suggestions to litigants can cross the line into misconduct, eroding public trust in the judiciary.

Mar 20, 2009administrative-lawjudicial-misconductombudsmanhierarchy-of-courtsreckless-imprudencesupreme-court

Judicial Misconduct and Due Process: When Courts Can Try a Judge for Off-Duty Acts

The Supreme Court clarifies that judges may face criminal trial in regular courts for off-duty acts, while administrative supervision stays with the Court.

Mar 20, 2009ombudsmanadministrative lawpublic officialssuspensionra 6770civil service

Ombudsman’s Authority to Directly Impose Penalties on Erring Public Officials

Supreme Court confirms the Ombudsman may directly impose administrative penalties like suspension, not merely recommend them.

Mar 20, 2009hlurb jurisdictionhomeowners associationintra-corporate disputeproperty lawurdaneta villageconstruction rules

Homeowner Association Disputes: HLURB Jurisdiction Over Internal Rule Enforcement

When a homeowner association dispute involves internal rules, the HLURB—not regular courts—has jurisdiction. Learn from the Eristingcol case.

Mar 20, 2009finality of judgmentprocedural deadlinesrule 45rule 65court of appealslabor law

Missed Your Appeal Understanding Finality of Judgments and Procedural Deadlines in Philippine Courts

Learn how missing appeal deadlines makes judgments final and binding, using a Philippine Supreme Court case on union elections as guide.

Mar 20, 2009preliminary injunctiondue processmortgageforeclosurerules of courtsupreme court

The Imperative of Due Process Hearing Requirement for Preliminary Injunctions in Mortgage Disputes

The Supreme Court nullifies a preliminary injunction issued without hearing, underscoring due process in mortgage foreclosure disputes.

Mar 20, 2009criminal-law

Judicial Immunity When CAN Judges BE Held Liable FOR Reckless Acts

Mar 20, 2009criminal-lawrapequalifying-circumstancesinformationdue-processstatutory-rape

Mispleading Relationship in Rape Cases: Impact on Qualifying Circumstances

When an information misstates the offender's relationship to the victim, a qualifying circumstance fails, reducing rape to its simple form.

Mar 20, 2009anti-graftra 3019sandiganbayanpublic officerscorruptioninfrastructure

Graft and Corruption: Ensuring Public Officials Uphold Integrity in Infrastructure Projects

Philippine Supreme Court affirms graft convictions of city and barangay officials for defective infrastructure projects under R.A. 3019.

Mar 20, 2009litis pendentiaconsolidationcivil procedureproperty lawquieting of title

Litis Pendentia and Consolidation: Preventing Redundant Lawsuits in Philippine Courts

Philippine Supreme Court explains when two cases involve litis pendentia and when consolidation, not dismissal, is the proper remedy.

Mar 19, 2009preliminary investigationgross ignorance of the lawjudgescriminal procedureadministrative case

Delegation of Preliminary Investigation: A Judge's Duty and Its Limits

A judge cannot delegate preliminary investigation to court personnel. The Supreme Court explains why in Mago v. Judge Peñalosa-Fermo.

Mar 19, 2009agrarian reformdarabfinality of judgmentemancipation patentcertiorari

Finality of DARAB Decisions: No Reopening Despite Alleged Errors

A final DARAB ruling is immutable. Learn why the Supreme Court barred a tenant from reopening his case despite claims of jurisdictional errors.

Mar 17, 2009kidnappinghomicideextra-judicial confessionconspiracyrevised penal codecriminal law

Kidnapping for Ransom with Homicide: Accountability and Admissibility of Confessions

Supreme Court affirms conviction for kidnapping for ransom with homicide, clarifying conspiracy liability and rules on extra-judicial confessions.

Mar 17, 2009criminal-lawrapequalified-rapechild-testimonysupreme-courtrevised-penal-code

Rape Conviction Upheld: Grandfather's Betrayal of Trust and the Testimony of a Child Victim

The Supreme Court affirms a grandfather's qualified rape conviction, relying on the credible testimony of his young granddaughter and medical evidence.