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显示第 12577–12600 篇,共 24,772 篇文章

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Oct 17, 2008parol evidence rulecivil lawcontractsevidencesupreme courtbroker commission

Parol Evidence Rule in Philippine Contracts: When Verbal Agreements Cannot Alter Written Terms

Philippine Supreme Court clarifies when the parol evidence rule applies and why subsequent verbal agreements to modify written contracts require credible proof.

Oct 17, 2008labor-lawretrenchmentretirement-payseparation-paycollective-bargaining-agreementquitclaim

Retrenchment vs Retirement: When Separation Pay Bars Retirement Benefits

Philippine Supreme Court clarifies when retrenched employees can claim retirement benefits on top of separation pay under the Labor Code and CBA.

Oct 16, 2008robberyintent to gainanimus lucrandicriminal lawrevised penal codesupreme court

Intent to Gain in Robbery: When Helping a Neighbor Is Not a Crime

The Supreme Court acquitted a man of robbery for helping a neighbor move property, ruling that intent to gain must be proven beyond reasonable doubt.

Oct 16, 2008real-estate-law

Mortgage Validity Good Faith Requirement When Dealing With Agents

Oct 15, 2008sheriffswrit of executionadministrative lawneglect of dutyrules of courtcivil procedure

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Oct 15, 2008criminal-law

Balancing Justice AND Procedure When Courts Must Consider Appeals Despite Technical Errors

Oct 15, 2008labor-lawconstructive-dismissalmanagement-prerogativeemployee-transfercompressed-workweeksupreme-court

Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection

When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.

Oct 15, 2008land reformcarpjust compensationlease agreementtenant rightsland bank

Lease vs Land Reform: Tenant Rights to Crops and Improvements Under CARP

When the government acquires land under CARP, who owns the standing crops and improvements—the landowner or the tenant? The Supreme Court clarifies.

Oct 15, 2008notarial practicelegal ethicspersonal appearancenotary publicadministrative casecode of professional responsibility

Notarial Duty Ensuring Personal Appearance In Document Acknowledgment

A notary public must require personal appearance of signatories before notarizing documents. Learn the legal consequences of violating this duty.

Oct 15, 2008preventive suspensionombudsmanmootnessadministrative lawpublic officialsgrave misconduct

Preventive Suspension of Public Officials: When a Case Becomes Moot

Explore when a challenge to preventive suspension becomes moot, using the Supreme Court's ruling in Radaza v. Court of Appeals.

Oct 15, 2008administrative-lawexhaustion-of-remediesforum-shoppingcivil-servicedue-process

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court explains why courts dismiss cases filed before administrative appeals are exhausted, using Oporto v. NPC.

Oct 15, 2008criminal procedureappealcertiorarirules of courtright to counseldangerous drugs

When a Wrong Remedy Costs an Appeal: The Deus v. People Doctrine on Liberal Construction

The Supreme Court reminds courts to relax procedural rules when an unrepresented accused files the wrong remedy, protecting the right to liberty.

Oct 15, 2008administrative lawexhaustion of remediesforum shoppingdue processgovernment employeescivil service

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Oct 15, 2008judicial ethicsadministrative lawcode of judicial conductcourt of appealsmeralco-gsis case

Judicial Independence vs Ethical Boundaries: The Meralco-GSIS Case

The Supreme Court's ruling on CA justices in the Meralco-GSIS case clarifies the ethical limits of judicial independence and propriety.

Oct 15, 2008criminal-law

Navigating Corporate Disputes THE Interplay OF Contract Crime AND Corporate Sequestration

Oct 15, 2008writ of possessionextrajudicial foreclosureact no. 3135real estate mortgageredemption periodbanking law

Writ of Possession After Foreclosure: When It Becomes a Ministerial Duty

Learn when a writ of possession after extrajudicial foreclosure becomes a ministerial duty of the court, and why pending cases do not stop it.

Oct 15, 2008criminal-lawcircumstantial-evidencearsonhomiciderevised-penal-codepeople-v-gil

Circumstantial Evidence in Arson with Homicide: Proving Guilt Beyond Reasonable Doubt

How Philippine courts use circumstantial evidence to convict in arson with homicide cases, explained through People v. Gil.

Oct 14, 2008ancestral domainexecutive powermoa-adpeace processsupreme courtconstitutional law

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Oct 13, 2008legal ethicsdisbarmentclient fundscontemptcode of professional responsibility

Breach of Trust: Attorney's Ethical Duty to Account for Client Funds

A disbarred lawyer's failure to return client funds leads to indirect contempt and a writ of execution, underscoring lawyers' duty to account.

Oct 10, 2008labor-lawsecurity-of-tenureregular-employmentfixed-term-contractsillegal-dismissalelectric-cooperative

Regular Employment vs Fixed-Term Contracts: Security of Tenure for Electric Cooperative Linemen

When do fixed-term contracts mask regular employment? The Supreme Court clarifies security of tenure rules for linemen in Agusan del Norte Electric Cooperative v. Cagampang.

Oct 10, 2008civil-law

Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages

Oct 10, 2008civil-law

Government Immunity VS Erroneous Cost Assessment Clarifying THE States Protection IN Legal Disputes

Oct 10, 2008lease contractsautomatic cancellationnon-payment of rentphilippine civil codedamages

Automatic Lease Cancellation: Non-Payment of Rent Triggers Termination

A Supreme Court ruling confirms that a lease clause allowing automatic cancellation for unpaid rent takes effect by itself, leaving the lessee without any right to damages.

Oct 10, 2008labor lawappeal bondnlrclabor arbiterfinal and executoryrule 45

Perfecting Appeals in Labor Cases: Strict Compliance With Appeal Bonds Required

Learn why posting an appeal bond is jurisdictional in labor cases, and how failure to do so makes a labor arbiter's decision final.