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显示第 13225–13248 篇,共 24,774 篇文章

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Mar 24, 2008construction lawliquidated damagessubstantial completionciaccontractor rightschange orders

Substantial Completion vs Unjustified Delay: Contractor Entitlements in Construction Disputes

When is a contractor in delay? The Supreme Court clarifies how substantial completion and change orders affect liquidated damages.

Mar 24, 2008shareholder rightscorporate lawinterventionrules of courtcorporate personalitycivil procedure

Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute

Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.

Mar 24, 2008family lawillegitimate childrenfiliationestate settlementsuccessioncivil code

Establishing Filiation in Estate Proceedings: The Illegitimate Child's Claim

Explaining Tayag v. Tayag-Gallor: an illegitimate child may prove filiation during estate settlement, not just via recognition action.

Mar 24, 2008ombudsmanadministrative lawgrave misconductra 6770public officials

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Mar 24, 2008eminent domainexpropriationlocal governmentwrit of possessionproperty law

Immediate Possession in Expropriation: Public Purpose Need Not Be Settled First

Supreme Court clarifies that in expropriation cases, a local government may take possession of property upon filing the case and depositing 15% of the tax value, without a prior hearing on public purp

Mar 17, 2008criminal-law

Discharge OF CO Accused Corroboration OF Testimony AND THE Pursuit OF Justice

Mar 14, 2008labor-lawillegal-dismissalbreach-of-trustmanagerial-employeeterminationdue-process

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

Mar 14, 2008criminal lawdrug casestrial proceduresupreme courtjudicial ethicsphilippine law

Why the Judge Who Hears a Drug Case Must Also Decide It

Philippine Supreme Court rules trial judges must decide cases they hear, ensuring fair drug case trials and reliable factual findings.

Mar 14, 2008appealnotice of appealrules of courtcivil proceduresupreme court

Timely Notice of Appeal Protects Right to Appeal Modified Judgment

Supreme Court ruling on when a notice of appeal perfects an appeal and protects a party's right to challenge a modified judgment.

Mar 14, 2008administrative lawgross neglectsimple neglectcivil servicebackwagespublic officers

Negligence in Public Service: Distinguishing Gross from Simple Neglect and the Right to Backwages

Explains the Supreme Court's distinction between gross and simple neglect of duty in public service, and when backwages may be awarded.

Mar 14, 2008behest loansanti-graftra 3019ombudsmandue processex post facto

Upholding Due Process: The Limits of Retroactive Application in Behest Loan Cases

Supreme Court affirms Ombudsman's dismissal of behest loan charges, clarifying that administrative orders defining behest loans are not penal laws and cannot retroactively criminalize past transaction

Mar 14, 2008administrative lawjudicial misconductgross ignorance of the lawundue delayrules of court

Judicial Misconduct When Ignorance of the Law and Delay Taint Justice

A judge's dismissal of a case despite a party's active participation, plus undue delay in resolving a motion, draws fines from the Supreme Court.

Mar 14, 2008criminal-lawdangerous-drugs-actprobable-causedue-processdrug-arrestshabu

Probable Cause and Due Process in Philippine Drug Arrests: Lessons from Dacles v. People

The Supreme Court clarifies probable cause, due process, and evidence rules in drug arrests under the Dangerous Drugs Act.

Mar 14, 2008property-lawwrit-of-possessionforeclosureextrajudicial-foreclosureredemptionbanking

Writ of Possession in Foreclosure: Ministerial Duty vs Equitable Considerations

When can a court refuse to issue a writ of possession after foreclosure? The Supreme Court clarifies the ministerial duty rule and its exceptions.

Mar 14, 2008criminal lawconspiracydangerous drugs actframe-up defensephilippine jurisprudence

Conspiracy and Group Criminal Acts: How Philippine Courts Weigh Evidence in Drug Cases

In Dacles v. People, the Supreme Court upheld a drug conviction based on police testimony and explained how courts treat defenses of denial and frame-up.

Mar 14, 2008sheriffswrit of executioncivil procedureadministrative liabilityrules of court

Sheriff's Duties in Executing Writs: Lessons from Gillana v. Germinal

Philippine Supreme Court clarifies sheriff's duties in executing writs of demolition, including proper handling of expenses and timely returns.

Mar 14, 2008ejectmentunlawful detainerleasenon-payment of rentconsignationcivil law

Upholding Lease Agreements When Non-Payment of Rent Justifies Ejectment

Learn when non-payment of rent justifies ejectment under Philippine law, and why consignation matters for tenants facing disputes.

Mar 14, 2008labor-lawillegal-dismissaldishonestysubstantial-evidenceterminationdue-process

Dishonesty in the Workplace: Gauging Sufficient Evidence for Employee Termination

The Supreme Court clarifies the evidentiary standard for dismissing employees for dishonesty, distinguishing valid termination from illegal dismissal.

Mar 14, 2008estafabreach of trustmisappropriationrevised penal codecriminal lawpurchase orders

Breach of Trust Estafa Conviction for Misappropriated Purchase Orders

Supreme Court affirms estafa conviction when a seller used purchase order cards for personal benefit instead of remitting proceeds to the owner.

Mar 14, 2008property-law

Jurisdiction Over Land Titles Actual Possession Trumps Reconstitution

Mar 14, 2008labor lawsolidary liabilityindependent contractorindirect employerlabor code

Solidary Liability in Labor Disputes: When Principals and Contractors Share Responsibility

The Supreme Court clarifies when a principal is solidarily liable with an independent contractor for labor claims, and when it is not.

Mar 14, 2008constitutional-lawtaxationpublic-purposepolice-powersupreme-courtfertilizer-levy

Public Funds, Private Gain: Unpacking the Unconstitutional Levy on Fertilizer Sales

The Supreme Court struck down a fertilizer levy that funneled public funds to a private company, reaffirming that taxes must serve a public purpose.

Mar 14, 2008property lawlost titlereconstitutiondue processco-ownershipland title

Partitioning Inherited Land: Why Lost Title Proceedings Need Due Process for Co-Owners

Learn why a lost title petition was voided when the owner's duplicate was actually held by buyers, and what co-owners must know about due process.

Mar 14, 2008illegal dismissaloverseas workersmaritime employmentra 8042money claimsofw rights

Overseas Workers Rights Illegal Dismissal and Fair Compensation in Maritime Employment

Understand the Supreme Court ruling on illegal dismissal of overseas Filipino workers and how compensation is computed under RA 8042.