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显示第 1201–1224 篇,共 24,623 篇文章

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Jun 15, 2022administrative-lawlabor-lawconflict-of-interestpublic-serviceprivate-interestsdismissal

Dual Roles Divided Loyalties When Public Service AND Private Interests Collide

Supreme Court rules on when public service and private interests collide, and how employees can be dismissed for divided loyalties.

Jun 15, 2022moral turpitudeadministrative lawcivil servicebigamydismissal from service

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Jun 15, 2022grave misconductadministrative liabilityombudsmanpublic officialsbanking law

When Holding Two Positions Is Not Grave Misconduct: Espinas v. Ombudsman

Explaining the Supreme Court's ruling that holding concurrent public and private bank positions, without corrupt intent, is not automatically grave misconduct.

Jun 15, 2022labor-lawillegal dismissalemployment applicationsecurity of tenuretotality of infractions

Omission vs False Statement: Protecting Labor Rights in Employment Applications

Supreme Court rules mere omission of past employment in a job application is not false information justifying dismissal.

Jun 14, 2022trust receipts lawestafacriminal lawnovationbanking law

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Jun 14, 2022per diemhonorariacommission on auditgovernment compensationadministrative lawcoa disallowance

Per Diem vs Honoraria: Defining Compensation Limits for Government Board Members

Supreme Court clarifies when government board members may receive honoraria beyond their per diem, and when approving officers may be held liable.

Jun 14, 2022criminal lawrapeincestuous rapemoral ascendancycircumstantial evidencerevised penal code

Moral Ascendancy in Incestuous Rape: No Need to Prove Force or Intimidation

In incestuous rape, a father's moral ascendancy substitutes for force and intimidation, so direct proof of violence is unnecessary.

Jun 14, 2022administrative-lawjudicial-disciplinerule-140gross-misconductcourt-employeessupreme-court

Judicial Integrity Under Scrutiny: Disciplining Misconduct and Upholding Ethical Standards in the Judiciary

Court personnel face dismissal for gross misconduct, insubordination, and conduct tainting the judiciary's reputation under amended Rule 140.

Jun 13, 2022agrarian reformtenancywrit of possessionforeclosureland bankthird-party claim

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

Jun 6, 2022ombudsman decisionsjudicial reviewadministrative casesjudgestemporary restraining ordersjudicial immunity

When Court Errors Are Not Misconduct: Ombudsman Decisions and Judicial Review

Understand when judges can be disciplined for erroneous rulings and when errors must be raised through judicial remedies instead.

May 23, 2022vawccybercrimesocial mediapsychological abusesupreme courtcriminal law

Proving Online Abuse: Supreme Court Sets Guidelines on Social Media Authorship in VAWC Cases

The Supreme Court clarifies how to prove authorship of abusive social media posts and raises penalties when ICT is used in VAWC offenses.

May 16, 2022ra 9262cybercrimepsychological abusesocial mediaviolence against womensupreme court

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Harassment

Supreme Court rules that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

May 8, 2022holdover appointmentscompulsory retirementcivil servicecoa disallowancegovernment employmentquantum meruit

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

May 2, 2022mining lawmineral production sharing agreementdenrcancellationforce majeurephilippine mining act

Revitalizing Judicial Education THE Supreme Courts NEW Approach TO Philja Appointments AND Reappointments

The Supreme Court clarifies the Environment Secretary's authority to cancel mineral production sharing agreements without prior MGB recommendation.

Apr 27, 2022government procurementbids and awards committeedirect contractingadministrative liabilityra 9184public bidding

Upholding Government Procurement Standards: The Duty of Bids and Awards Committees to Ensure Lawful Transactio

The Supreme Court clarifies that Bids and Awards Committees must justify direct contracting and cannot rely blindly on recommendations, ensuring lawful government procurement.

Apr 27, 2022construction lawarbitrationciacarbitral awardsjudicial reviewsupreme court

Courts Must Respect CIAC Arbitral Awards: Key Lessons from ASEC v. Toyota Alabang

The Supreme Court reminds courts to defer to CIAC arbitral tribunals' factual findings, preserving the finality and integrity of construction arbitration.

Apr 27, 2022government-procurementdirect-contractingadministrative-liabilityra-9184ombudsmanpublic-officers

Direct Contracting in Government Procurement: When Exemptions Lead to Liability

The Supreme Court clarifies when direct contracting in government procurement is allowed and when it leads to administrative liability for public officers.

Apr 27, 2022maritime-lawseafarer-rightsdisability-benefitspoea-secpermanent-total-disabilitycompany-designated-physician

Untimely Medical Assessments Protecting Seafarers Rights TO Disability Benefits

When company doctors miss the deadline for a final assessment, a seafarer's disability is deemed permanent and total.

Apr 27, 2022psychological incapacityarticle 36family codedeclaration of nullitytan-andalcarullo-padua

Psychological Incapacity Proving Marital Nullity Beyond Expert Testimony

The Supreme Court clarifies that psychological incapacity under Article 36 need not be proven by expert testimony alone, but the totality of evidence must still show grave, juridically antecedent, and

Apr 26, 2022conditional donationscivil lawdonor intentsubstantial complianceland donationsupreme court

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Apr 26, 2022due processnoticecommission on auditadministrative lawgovernment procurementphilippine supreme court

Due Process and the Right to Notice: Protecting Fair Legal Proceedings

When a government agency fails to notify a party of an adverse decision, it violates due process and voids the ruling.

Apr 26, 2022forcible entryejectmentprior physical possessionrules of courtcivil law

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

Apr 26, 2022anti-graftra-3019section-3egood-faithpublic-officersconspiracy

Good Faith Defense in Graft Cases: When Official Duty Is Not Corruption

The Supreme Court acquits public officers of graft, ruling that honest mistakes in performing official duty are not corruption absent corrupt motive.

Apr 25, 2022summary judgmentcivil procedurerule 35equitable mortgagegenuine issue of fact

Genuine Factual Disputes Prevent Summary Judgment: A Deep Dive

Explore when Philippine courts deny summary judgment due to genuine factual disputes, as illustrated by Aljem's Credit Investors Corp. v. Bautista.