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显示第 13249–13272 篇,共 24,774 篇文章

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Mar 14, 2008forum shoppingindirect contemptadministrative casecriminal casesandiganbayanprobable cause

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.

Mar 14, 2008criminal-lawanti-graftsandiganbayanpublic-officersprobable-causeadministrative-case

Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office

Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.

Mar 14, 2008civil-law

Discretion Prevails THE NON Appealable Nature OF Special Administrator Appointments IN Estate Proceedings

Mar 14, 2008criminal lawbatas pambansa blg 22bounced checksolicitor generalcourt of appealsprocedural rules

B.P. 22 Appeals: Failure to Serve Solicitor General Justifies Dismissal

Learn why failing to serve the Solicitor General in a B.P. 22 appeal can be fatal, and what procedural rules apply.

Mar 14, 2008writ of possessionextrajudicial foreclosuremortgageredemptionministerial duty

Writ of Possession After Foreclosure: Ministerial Duty of Courts Explained

Learn when courts must issue writs of possession after extrajudicial foreclosure and why pending cases questioning mortgage validity do not stop it.

Mar 14, 2008civil procedureappealnotice of appealrule 41perfection of appealphilippine supreme court

Perfected Appeal: No Second Notice Needed After Decision Modification

A timely first notice of appeal perfects an appeal even if the trial court later modifies its decision. Learn the rule from PNB-Republic Bank v. Cordova.

Mar 12, 2008election lawpre-proclamation controversycomelecsenate electoral tribunalpimentel v. comelec

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Mar 12, 2008land registrationproperty lawpossessionpublic domaintorrens titlecivil law

Land Title Registration: Proving Open Continuous Possession Since June 12, 1945

Philippine Supreme Court ruling on what evidence is needed to register land title based on possession since June 12, 1945.

Mar 12, 2008election-lawcomelecbarangay-electionsupreme-courtlocal-governmentphilippines

Disputes on Barangay Existence: Supreme Court Upholds Comelec Authority on Election Matters

The Supreme Court affirms Comelec's authority to resolve questions on barangay existence in election disputes, settling the Sangcopan case.

Mar 11, 2008administrative lawcivil servicepublic officialsdiscourtesymisconductsupreme court

Official Duty vs. Discourtesy: When Public Officials Cross the Line

The Supreme Court clarifies that public officials cannot hide behind official duty to justify discourtesy, reaffirming public office as a public trust.

Mar 10, 2008commission on auditquantum meruitgovernment contractsdisallowancedue processconstruction arbitration

Quantum Meruit and COA Disallowances: What Contractors Must Know

The Supreme Court affirms COA's power to determine overpayments to government contractors under quantum meruit, and explains when belated jurisdictional challenges are barred.

Mar 9, 2008ra 9262cybercrimepsychological abusesocial media evidenceviolence against women

When Social Media Abuse Qualifies for Higher Penalties Under Philippine Law

The Supreme Court clarifies how Facebook posts can prove psychological abuse under RA 9262 and why ICT use raises the penalty.

Mar 7, 2008civil-law

Attorneys Conflict OF Interest Upholding Client Loyalty AND Confidentiality

Mar 7, 2008labor-lawsolidary-liabilitylabor-only-contractinglabor-codewagesdole

Solidary Liability in Labor-Only Contracting: Catholic Vicariate v. Sto. Tomas

Explains when a principal is solidarily liable with contractors for unpaid wages, even without an employer-employee relationship.

Mar 7, 2008criminal-law

Possession IS KEY Illegal Logging AND THE Importance OF Proper Documentation

Mar 7, 2008labor-only contractingemployer-employee relationshiplabor codeillegal dismissalcontractor liability

Labor-Only Contracting: When a Principal Becomes the True Employer

Explaining labor-only contracting under Philippine law, and when a principal employer is liable as the true employer of contractor-supplied workers.

Mar 7, 2008agrarian reformjust compensationland valuationra 6657darland bank

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Mar 6, 2008administrative lawphilippine ports authoritypilotage feesgovernment shareshipping linesadministrative orders

Pilotage Fees and Government Share: PPA Can Collect Directly from Shipping Lines

Supreme Court ruling on PPA's authority to collect the 10% government share on pilotage fees directly from shipping companies.

Mar 6, 2008administrative lawneglect of dutyclerk of courtcourt recordscivil service

Neglect of Duty in Handling Court Funds: A Clerk's Responsibility

A clerk of court's failure to safely keep court records and exhibits constitutes simple neglect of duty, warranting suspension.

Mar 6, 2008administrative-lawcourt-recordsclerk-of-courtsimple-neglectcivil-service

Custodian Negligence Court Personnel Held Liable for Missing Case Records

Court personnel who negligently handle case records face administrative liability. Learn the rules on custodianship of court exhibits.

Mar 4, 2008agrarian reformemancipation patenttenant rightsfrauddarabproperty law

Tenant Rights and Fraud Claims in Agrarian Disputes: Quitoriano v. DARAB

The Supreme Court affirms that emancipation patents stand unless fraud is proven by clear and convincing evidence in agrarian disputes.

Mar 4, 2008labor-lawabandonmentinsubordinationterminationemployee-rightsemployer-authority

Defining Abandonment And Insubordination Employee Rights VS Employer Authority

Philippine Supreme Court ruling on employee abandonment and insubordination, balancing worker rights against employer authority in termination disputes.

Mar 4, 2008agricultural tenancyabandonmentra 3844leaseholdcultivation rightsagrarian reform

Abandonment in Agricultural Tenancy: When Hiring Help Costs Cultivation Rights

Philippine Supreme Court ruling on when a tenant's surrender of cultivation to another amounts to abandonment and loss of tenancy rights.

Mar 3, 2008commercial-law

Senior Citizen Discounts: Defining meant only the acquisition cost of medicines, not the full discount amount.

The Issue: Tax Credit vs. Tax Deduction The central legal question was whether the 20% senior citizen discount should be claimed as a tax credit or as a tax de