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显示第 13465–13488 篇,共 24,857 篇文章

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Feb 4, 2008civil-procedureinterventionassigned-interestsphilippine-lawrules-of-court

The Right to Intervene: Protecting Assigned Interests in Court Proceedings

Explore the right to intervene in Philippine civil procedure, protecting assigned interests and preventing injustice through timely court participation.

Feb 4, 2008labor lawappeal bondnlrcfinal and executoryillegal dismissalcivil procedure

Appeal Bond in Labor Cases: Why Missing the Deadline Is Fatal to an Employer's Appeal

The Supreme Court explains why an employer's failure to post an appeal bond on time is fatal, rendering the labor arbiter's decision final and executory.

Feb 4, 2008preliminary attachmentfraudburden of proofrules of courtcivil procedure

When a Lawyer's Statement Decides the Case: The Fraud Requirement for Preliminary Attachment

A bank's failure to prove fraud with specific facts, not just general allegations, led to the discharge of its writ of preliminary attachment.

Feb 4, 2008malversationpublic fundsloanownership transferrevised penal codelocal government

Loan vs Malversation: When Public Funds Become Private After Ownership Transfer

When does public money stop being public? The Supreme Court clarifies how a loan transfers ownership and defeats malversation charges.

Feb 4, 2008certiorarigrave abuse of discretioncivil proceduredamage suitsjudicial review

Certiorari and Grave Abuse of Discretion: Limits on Reviewing Judicial Actions in Damage Suits

The Supreme Court explains when certiorari may question judicial rulings, distinguishing errors of jurisdiction from errors of judgment.

Feb 4, 2008agencyapparent authorityratificationcorporationcivil lawinsurance

When Apparent Authority Binds a Corporation: Lessons from Filipinas Life v. Pedroso

When can a corporation be liable for its agent's unauthorized acts? The Supreme Court explains apparent authority and ratification in Filipinas Life v. Pedroso.

Feb 4, 2008administrative lawgrave misconductombudsmangovernment employeescivil servicecash shortage

When Does a Government Employee's Cash Shortage Become Grave Misconduct?

A Supreme Court ruling explains when cash shortages become grave misconduct and dishonesty in Philippine government service.

Feb 4, 2008burden of proofpreponderance of evidencedamagescivil lawtestimonyrules of court

Burden of Proof: Uncorroborated Testimony Insufficient to Establish Liability in Damages Claim

Philippine Supreme Court ruling on why a plaintiff's sole, uncorroborated testimony cannot establish liability in a damages claim.

Feb 4, 2008sheriffswrit of executionadministrative lawneglect of dutyrule 39civil procedure

Sheriffs Duty in Enforcing Writs of Execution and Reporting Requirements

A sheriff's failure to enforce a writ of execution and file required reports constitutes simple neglect of duty, warranting suspension.

Feb 4, 2008agrarian reformjust compensationpd 27ra 6657land valuationland bank

Agrarian Reform Just Compensation and Timely Valuation of PD 27 Lands

When are PD 27 lands valued for just compensation? The Supreme Court clarifies the date of taking and applicable law.

Feb 4, 2008administrative lawombudsmandue processgrave misconductdishonestycivil service

Safeguarding Public Funds: Due Process in Ombudsman Cases for Misconduct and Dishonesty

Explaining when a formal investigation is required in Ombudsman administrative cases and the due process rights of public officers facing dismissal.

Feb 4, 2008labor-lawnlrcappeal-bondjurisdictional-requirementillegal-dismissalsurety-bond

Perfecting Labor Appeals: The Indispensable Surety Bond and Jurisdictional Requirements

Posting an appeal bond is jurisdictional in labor cases. A late bond means no appeal, and the Labor Arbiter's decision becomes final.

Feb 4, 2008corporate rehabilitationinterim rulesserious situation testpryce corporationstay orderreceivership

Rehabilitation Proceedings: The "Serious Financial Situation" Requirement for Corporate Recovery

Philippine Supreme Court clarifies the "serious situation test" for corporate rehabilitation petitions under the Interim Rules, citing Pryce Corporation v. Court of Appeals.

Jan 31, 2008criminal-lawmotion-to-quashpreliminary-investigationprobable-causerules-of-courtsupreme-court

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.

Jan 31, 2008labor-lawdue-processterminationnominal-damagestwo-notice-rulejurisprudence

Due Process in Termination: The Two-Notice Rule and Nominal Damages

Learn the two-notice rule in employee termination and when nominal damages apply, based on a Philippine Supreme Court ruling.

Jan 31, 2008criminal-lawrapechild-abusecredibilitysupreme-courtra-7610

Protecting Children Credibility IN Rape AND Lasciviousness Cases Involving Minors

The Supreme Court affirms that minor inconsistencies do not destroy a child rape victim's credibility, explaining why delay in reporting is justified.

Jan 31, 2008government procurementpublic biddingadministrative lawequal protectiongovernment contractsmiaa

Bidding Required Government Contracts Must Ensure Fair Competition

Philippine Supreme Court clarifies when public bidding is mandatory for government service contracts and why negotiated awards violate fair competition.

Jan 31, 2008criminal-lawtreacherymurderhomiciderevised-penal-codeself-defense

From Murder to Homicide When Sudden Attacks Lack Treachery in Philippine Law

The Supreme Court explains when a sudden attack qualifies as treachery and when it does not, reducing murder to homicide.

Jan 31, 2008equitable mortgagesale with right of repurchasecivil code article 1602property lawsupreme courtreformation of contract

Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals

Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.

Jan 30, 2008administrative-law

Double Jeopardy AND Judicial Accountability Reassessing Penalties FOR Similar Infractions

Jan 30, 2008election lawcomelecpre-proclamationelection returnscanvassphilippines

Navigating Election Disputes: The COMELEC's Authority in Pre-Proclamation Cases

A look at Cambe v. COMELEC on the proper handling of pre-proclamation cases, including the need for division-level review and the rules on excluding election returns.

Jan 30, 2008election-lawpre-proclamationcomelecdue-processcanvasssupreme-court

Safeguarding Electoral Integrity: Due Process in Pre-Proclamation Cases

The Supreme Court nullifies a hasty proclamation in Cambe v. COMELEC, underscoring due process and the proper procedure for excluding election returns.

Jan 30, 2008criminal lawrapequalified rapeparental rapevictims rightssupreme court

Protecting the Vulnerable: Upholding Justice for Victims of Parental Rape

Philippine Supreme Court affirms conviction for qualified rape committed by a father against his minor daughter, emphasizing the law's protection for vulnerable victims.

Jan 29, 2008falsificationdishonestycivil serviceadministrative liabilitydaily time recordsombudsman

Falsification of Daily Time Records: Upholding Honesty in Public Service

The Supreme Court reinstated the Ombudsman's ruling that falsifying daily time records constitutes dishonesty, even without proof of malice or damage.