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显示第 12793–12816 篇,共 24,773 篇文章

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Aug 13, 2008substantial evidenceadministrative lawhlurbcontract to sellsubdivision lawdue process

Substantial Evidence in Administrative Cases: Upholding Due Process and Fairness

Learn how the Supreme Court upheld HLURB findings in Sta. Lucia Realty v. Uyecio, clarifying substantial evidence, contract cancellation, and refund interest.

Aug 13, 2008labor lawemployer-employee relationshipcontrol testindependent contractornewspaper columnistillegal dismissal

When Is a Newspaper Columnist an Employee? The Orozco Ruling

The Supreme Court clarifies when a newspaper columnist is an independent contractor, not an employee, under the control test.

Aug 13, 2008administrative lawneglect of dutyprocess serversubpoena servicecivil service

Neglect of Duty in Subpoena Service: A Process Server's Responsibility

A process server's failure to verify a witness's whereabouts before returning a subpoena unserved constitutes simple neglect of duty, the Supreme Court rules.

Aug 13, 2008civil procedureforum shoppingcourt of appealscertiorarirules of court

Twin Resolutions and Forum Shopping: Lessons from Heirs of Valdez v. Court of Appeals

When a court issues two conflicting resolutions on the same day, what happens to the case and the forum shopping rule? The Supreme Court explains.

Aug 13, 2008labor-lawsubstantial-compliancerules-of-courtcourt-of-appealsillegal-dismissalprocedure

Substantial Compliance Upholding Justice Over Strict Procedural Rules in Labor Disputes

In Mariners Polytechnic Colleges Foundation v. Garchitorena, the Supreme Court ruled that substantial compliance with procedural rules can prevent outright dismissal of appeals.

Aug 13, 2008criminal-lawelection-gun-banillegal-firearm-possessionra-8294double-convictionsupreme-court

Election Gun Ban vs Illegal Firearm Possession: Avoiding Double Conviction

Philippine Supreme Court clarifies when a person can be convicted of illegal firearm possession during an election gun ban period.

Aug 13, 2008ombudsmanadministrative lawra 6770public officersdiscipline

Ombudsman’s Power to Discipline and the One-Year Rule Under RA 6770

The Supreme Court clarifies that administrative offenses do not prescribe and the Ombudsman can directly impose penalties on erring officials.

Aug 12, 2008administrative-law

Upholding Ethical Conduct Dismissal OF A Clerk OF Court FOR Grave Misconduct

Aug 11, 2008illegal recruitmentestafawitness testimonycriminal lawphilippine supreme court

Witness Testimony and Pre-Trial Admissions Establishing Guilt in Illegal Recruitment Cases

How witness testimony and admissions established guilt in a large-scale illegal recruitment and estafa case involving a Japanese national.

Aug 11, 2008customs lawimportationabandonmenttariff and customs codetax lawbureau of customs

Importation Rules on Abandonment and Duty Assessment in Customs Law

Chevron v. Commissioner of Customs clarifies when imported goods are deemed abandoned and how customs duties are assessed under the TCC.

Aug 11, 2008property-lawforum shoppingland registrationsubstantial compliancerules of court

Substantial Compliance in Land Registration: Belated Filing of Non-Forum Shopping Certification

The Supreme Court clarifies when belated filing of a certification against forum shopping may be excused in land registration cases.

Aug 11, 2008administrative lawclerk of courtmitigating circumstancesdishonestygrave misconductpublic service

Breach of Duty and Mitigating Circumstances: Balancing Justice and Compassion in Public Service Misconduct

When a clerk of court faces dismissal for fund shortages, mitigating circumstances can temper the penalty. The Supreme Court explains how.

Aug 11, 2008civil lawexecution of judgmentfinal judgmentproperty registrationtorrens titlesupreme court

Unwavering Enforcement: The Duty to Execute Final Judgments Despite Obstruction

Final judgments must be executed. This case shows how courts can cancel titles to enforce a ruling despite a party's obstruction.

Aug 11, 2008illegal recruitmentestafalabor codemigrant workersra 8042supreme court

Overseas Dreams, Broken Promises: The High Cost of Illegal Recruitment

The Supreme Court affirms the conviction of a Japanese national for large-scale illegal recruitment and estafa, clarifying penalties and damages.

Aug 11, 2008legal ethicscode of professional responsibilityadministrative lawgroundless suitdisbarmentjudges

When a Lawyer's Complaint Against a Judge Becomes a Groundless Suit

Filing an unsubstantiated administrative complaint against a judge can violate the Code of Professional Responsibility and result in discipline.

Aug 11, 2008labor-lawretrenchmentclosureillegal-dismissalterminationseparation-pay

Closure vs. Retrenchment: Proving Losses in Philippine Labor Disputes

Philippine Supreme Court ruling on when a business closure is treated as retrenchment, requiring proof of substantial losses.

Aug 11, 2008administrative-lawhabitual-tardinesscivil-servicejudiciarypublic-trustoffice-of-the-court-administrator

Habitual Tardiness in the Judiciary: Why Punctuality Is a Public Trust Duty

A court stenographer's habitual tardiness leads to reprimand, reaffirming that punctuality is a core duty of every judicial employee.

Aug 11, 2008labor lawcompromise agreementquitclaimnlrcsettlementattorney-client

Compromise Agreements in Labor Disputes: When Settlements Are Final and Binding

Philippine Supreme Court ruling on enforceability of compromise agreements in labor cases, even without counsel present, and limits on lawyer's authority.

Aug 11, 2008criminal-lawmurdercredibility-of-witnessesalibitreacherysupreme-court

Rape Conviction Affirmed on Credibility of Testimony and Weak Defense of Alibi

Supreme Court affirms murder conviction, explaining why credible eyewitness testimony outweighs alibi and denial in Philippine criminal cases.

Aug 11, 2008family-lawdivorcefaskhmuslim-personal-lawsres-judicatasharia-courts

Divorce by Faskh: New Grounds After a Prior Dismissal Is Not Barred by Res Judicata

Philippine Supreme Court ruling on when a dismissed divorce by faskh petition does not bar a new one due to new grounds.

Aug 8, 2008press-freedomjudicial-independenceindirect-contemptfreedom-of-expressionphilippine-lawsupreme-court

Press Freedom vs Judicial Independence: Balancing Criticism and Contempt in Philippine Law

The Supreme Court's 2008 ruling on columnist Amado Macasaet clarifies the line between fair press criticism and indirect contempt of court.

Aug 6, 2008forum shoppingres judicataco-ownershipproperty disputeslitis pendentiacivil law

Forum Shopping and Co-Ownership: Res Judicata Boundaries in Property Disputes

Learn when a second property case is barred by forum shopping or res judicata, and how co-ownership affects party identity under Philippine law.

Aug 6, 2008civil procedureservice of summonscorporationdefault judgmentrules of court

Valid Service of Summons on Corporations: Strict Rules Protect Corporate Rights

Learn how strict service of summons rules protect corporations from default judgments in Philippine civil procedure.

Aug 6, 2008civil-procedureappealfresh-period-rulemotion-for-reconsiderationrule-41supreme-court

Fresh Period Rule and Appeal Deadlines After a Motion for Reconsideration

Explaining the fresh period rule for appeals, its retroactive effect, and why the wrong remedy still fails in Makati Insurance v. Reyes.