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显示第 1249–1272 篇,共 24,625 篇文章

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Apr 5, 2022property-lawconstitutional-lawreclaimed-landscorporate-land-ownershipcommission-on-auditreclamation

Reclaimed Lands and Constitutional Limits: The Central Bay Case on Corporate Land Ownership

The Supreme Court voids a compromise agreement transferring reclaimed land to a private corporation's assignee, upholding constitutional bans on corporate land ownership.

Apr 5, 2022disbarmentattorney misconductcode of professional responsibilityconflict of interestclient fundsadministrative law

Disbarment for Attorney Misconduct and Negligence in Handling Client Affairs

Supreme Court disbars lawyer for unauthorized representation, conflict of interest, and mishandling client funds in a revival of judgment case.

Apr 5, 2022administrative lawlegal ethicscode of professional responsibilitybp 22lawyer disciplinesuspension

Lawyer Suspended Five Years for Issuing Worthless Checks and Neglecting Professional Duties

A lawyer who issued bounced checks for decades-old debts and ignored disciplinary orders was suspended for five years and fined P10,000.

Apr 5, 2022maritime-lawseafarer-disabilitylegal-interestattorney-feespoeasupreme court

Seafarer Disability Claims: Interest and Attorney's Fees in Maritime Disputes

Supreme Court affirms 6% legal interest and attorney's fees in seafarer disability case, clarifying rules on maritime compensation claims.

Apr 5, 2022administrative-lawgross-misconductcourt-employeerule-140judiciarysettlement-funds

Court Employee Held Liable for Misappropriating Settlement Funds

Supreme Court rules court stenographer guilty of gross misconduct for pocketing settlement payments between litigants, imposing P105,000 fine.

Apr 5, 2022land registrationalienable and disposableproperty registration decreera 11573denr certificationtorrens title

Proving Alienable and Disposable Land: The Evolving Standard After R.A. 11573

The Supreme Court clarifies how to prove land is alienable and disposable for registration, and how R.A. 11573 changed the rules.

Apr 5, 2022legal ethicscode of professional responsibilityattorney suspensionforum shoppingdue diligence

Attorney Suspended for Filing Petition Based on Client Misinformation

A lawyer's blind reliance on client claims led to a six-month suspension for violating the Code of Professional Responsibility.

Apr 4, 2022maritime-law

Navigating Seafarer Disability Claims THE Importance OF Timely Medical Assessments 2

Apr 4, 2022labor-lawfinality-of-judgmentland-registrationexecutionnlrclra

Finality of Labor Judgments: DMCI vs Bernadas on Land Registration and Execution

Supreme Court affirms that final labor judgments are immutable and registrable, and that appeals must be filed on time.

Mar 29, 2022labor-lawregularizationprobationary-employmentillegal-dismissalsecurity-of-tenurebackwages

Regularization Standards Failure To Inform Converts Probationary Employee To Regular Status

Failure to inform probationary employees of regularization standards converts them to regular employees by operation of law, with full backwages.

Mar 29, 2022labor-lawlabor-only-contractingregular-employmentsecurity-of-tenurejob-contractingsupreme-court

Challenging Labor Only Contracting: Regular Employment Rights Affirmed

Supreme Court affirms that DOLE registration alone does not prove legitimate job contracting; workers performing principal business tasks are regular employees.

Mar 29, 2022maritime-lawseafarer-disabilitypoea-sectotal-disabilitythird-doctor-referrallabor-law

Seafarers' Total Disability: The 120-Day Rule and Duty to Refer to a Third Doctor

When a company doctor's assessment lapses beyond 120 days without valid final grading, a seafarer may claim total permanent disability.

Mar 29, 2022election-lawjudicial-reviewlocus-standicomelecpdl-votingsupreme-court

Standing to Sue: Examining the Boundaries of Judicial Review in Philippine Law

The Supreme Court dismisses a challenge to COMELEC Resolution No. 9371 on PDL voting, reaffirming the strict requisites of judicial review and locus standi.

Mar 29, 2022tax lawprescriptionbir collectiondeficiency taxcourt of tax appealsnirc

Tax Collection Prescription: CIR's Collection Efforts Barred by Three-Year Period

Supreme Court affirms CTA ruling that the CIR's right to collect deficiency taxes prescribed after three years from assessment notice.

Mar 29, 2022probatedocket feespublicationrule 76rule 141civil procedure

Probate Docket Fees and Publication Rules: What Bollozos v. Heirs of Aguilar Teaches

Supreme Court clarifies probate docket fee rules and publication requirements in allowance of wills cases.

Mar 28, 2022constructive dismissalvoluntary resignationlabor lawillegal dismissalabs-cbn v. magnoemployee rights

Constructive Dismissal vs. Voluntary Resignation: Key Lessons from ABS-CBN v. Magno

The Supreme Court clarifies the burden of proof in constructive dismissal claims and the fine line between forced and voluntary resignation.

Mar 28, 2022anti-graftra 3019procurementcorruptionpublic officerssupreme court

Graft Acquittal: Why Procurement Lapses Alone Do Not Prove Corruption

Supreme Court acquits municipal officials of graft despite procurement lapses, clarifying the strict proof required under Section 3(e) of RA 3019.

Mar 28, 2022criminal lawcivil liabilitydeath of accusedrevised penal codeextinction of liability

Death Abates Criminal Liability: Supreme Court Clarifies Extinguishment of Penalties and Civil Obligations

When an accused dies before final conviction, criminal liability and civil liability ex delicto are extinguished. The Supreme Court explains the rule and its exceptions.

Mar 28, 2022agrarian reformemancipation patentforeclosurepd 27ra 6657farmer beneficiaries

Agrarian Reform vs Bank Foreclosure: Protecting Farmer Beneficiaries' Land Rights

Supreme Court voids bank foreclosure of an emancipation patent awarded under agrarian reform, reinforcing the 10-year transfer ban.

Mar 28, 2022criminal procedurerevised penal codedeath of accusedcivil liabilityextinguishment

Death of Accused Before Final Judgment Extinguishes Criminal Liability

When an accused dies before final judgment, criminal liability and civil liability ex delicto are extinguished. Learn the rule and exceptions.

Mar 28, 2022agrarian reformforeclosureemancipation patentpd 27ra 6657rural bank

When Agrarian Reform Lands Cannot Be Foreclosed: The 10-Year Rule

A Supreme Court ruling on why a rural bank's foreclosure of an agrarian reform beneficiary's land within the 10-year retention period was void.

Mar 23, 2022promissory notematerial alterationappealnegotiable instruments lawcivil procedure

Promissory Note Alterations Raised for First Time on Appeal Not Considered

Supreme Court rules that a defense of material alteration of a promissory note cannot be raised for the first time on appeal.

Mar 23, 2022homiciderevised penal codeeyewitness testimonycriminal procedureindeterminate sentence

When a Stabbing Is Homicide, Not Murder: Lessons from Gumawid v. People

The Supreme Court affirms a homicide conviction, explaining how courts weigh eyewitness testimony, denial, and penalty computation under the Revised Penal Code.

Mar 23, 2022speedy dispositionombudsmanpreliminary investigationgraftra 3019cagang doctrine

When Delay Becomes Inordinate: Ombudsman's Slow Probe Nullifies Graft Indictment

The Supreme Court nullified a graft indictment against Southern Leyte officials, ruling the Ombudsman's 1,370-day preliminary investigation violated their right to speedy disposition.