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显示第 13513–13536 篇,共 24,857 篇文章

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Jan 22, 2008sandiganbayanjurisdictionestafapublic officersgraftcriminal procedure

When Can the Sandiganbayan Try a Private Citizen? Serana v. Sandiganbayan

A UP student regent was charged with estafa over P15 million in public funds. The Supreme Court ruled the Sandiganbayan had jurisdiction over her and her private co-accused.

Jan 22, 2008ombudsmanadministrative lawpublic school teachersmagna carta for public school teachersdisciplinary authoritycivil service

Ombudsman's Authority Upheld Disciplining Public School Teachers and Employees

Supreme Court confirms the Ombudsman can directly discipline public school teachers and employees, not just recommend action.

Jan 22, 2008compromise agreementmemorandum of understandingmining lawmines adjudication boardspeedy dispositioncivil code

Compromise Agreements in Mining Disputes: The Binding Force of MOUs and the Duty of Speedy Disposition

The Supreme Court clarifies when a Memorandum of Understanding becomes a binding compromise agreement in mining disputes, and why tribunals need not wait indefinitely for parties to settle.

Jan 22, 2008criminal-law

Diminished Responsibility When Altercations Mitigate Murder TO Homicide

Jan 22, 2008co-ownershippartitionproperty lawcivil coderes judicataphilippine law

Co-Ownership Rights and the Finality of Partition in Property Disputes

A Supreme Court ruling clarifies that a final partition judgment binds co-owners and their successors, limiting what a co-owner can sell.

Jan 22, 2008administrative-law

Judicial Accountability Timely Resolution OF Cases AND Administrative Compliance

Jan 21, 2008administrative lawjudicial ethicsharassment suitstemporary restraining ordersgross ignorance of the law

When Administrative Complaints Against Judges Are Harassment: The Tallado v. Racoma Case

The Supreme Court clarifies when administrative complaints against judges are harassment suits and why judicial errors must be raised in court, not in disciplinary cases.

Jan 18, 2008estafacriminal lawrevised penal coderestaurant fraudunpaid billsswindling

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.

Jan 18, 2008preventive suspensionbackwageslocal government codeadministrative lawcivil servicera 7160

Preventive Suspension and Backwages of Local Government Employees Under Investigation

When can a suspended local government employee claim backwages? The Supreme Court clarifies the rule in Plaza v. Court of Appeals.

Jan 18, 2008election-lawpresidential-electoral-tribunalelection-protestabandonmentlegardade-castro

Abandonment in Election Protests: Legarda v. De Castro and the Effect of Subsequent Candidacy

PET dismisses Legarda's VP protest against De Castro on abandonment and evidentiary grounds, clarifying election protest rules.

Jan 18, 2008labor-lawexecutionthird-party claimsherifflevycivil-procedure

Challenging Ownership The Affidavit Requirement In Third Party Claims Over Levied Property

Third-party claims over levied property need more than a bare affidavit. Learn the rules from Bacos v. Arcega.

Jan 18, 2008civil lawhuman relationsabuse of rightsdamagescorporation codemembership

When Club Membership Turns Costly: Limits of Discretion and the Price of Bad Faith

A club's right to reject membership applications is not absolute. Learn how bad faith and abuse of rights led to damages in Cebu Country Club v. Elizagaque.

Jan 7, 2008arbitrationcivil procedurealternative dispute resolutionra 9285foreign arbitrationsupreme court

Philippine Courts Must Honor Foreign Arbitration Clauses Under RA 9285

Philippine courts must respect foreign arbitration clauses. The Supreme Court explains when trial courts should refer disputes to arbitration.

Jan 1, 2008labor-lawemployees-compensationosteosarcomagsispd-626supreme-court

Osteosarcoma Claims: Easing the Burden of Proof for Workers

The Supreme Court ruled that impossible proof requirements for non-occupational diseases like osteosarcoma should not bar compensation claims.

Dec 31, 2007legal ethicscode of professional responsibilitydisbarmentadministrative lawlawyer disciplinesupreme court

Lawyer's Disrespect Toward Court and Staff Draws Fines Despite Prior Disbarment

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and defying IBP directives, reaffirming lawyer discipline standards.

Dec 30, 2007presumption of regularitypublic documentsadministrative lawevidencefalsification

Presumption of Regularity of Public Documents: The High Bar for Proving Falsification

Public documents enjoy a presumption of regularity. Learn the high evidentiary standard needed to overcome it in administrative cases.

Dec 28, 2007legal-ethics

Judicial Accountability Judges Must Uphold THE LAW AND Maintain Professional Competence

Dec 27, 2007civil-lawproperty-lawwrit-of-executiondue-processsupreme-courtphilippines

Voiding Land Deals Fraud AND THE Limits OF Good Faith Acquisition IN Philippine Property LAW

Philippine Supreme Court clarifies when writs of execution may be void and the limits of procedural due process in property disputes.

Dec 27, 2007administrative-law

Revocation OF Airman License Upholding AIR Safety Standards AND DUE Process

Dec 27, 2007criminal-law

Incestuous Rape Upholding Victim Testimony AND Penalty Adjustments

Dec 27, 2007civil-procedurewrit-of-executionjudgmentcompromise-agreementdue-processrules-of-court

Execution Must Reflect Judgment Altering Terms Invalidates Writ

A writ of execution that varies the terms of the judgment it enforces is void. Learn the rule from KKK Foundation v. Judge Calderon-Bargas.

Dec 27, 2007civil-law

Void Donation Private Instrument Insufficient FOR Transferring Real Property Under THE OLD Civil Code

Dec 27, 2007constitutional-law

Legislative Inquiry VS Judicial Power Delineating THE Boundaries OF Investigation

Dec 27, 2007anti-graftra-3019good-faithundue-injurypublic-officerssandiganbayan

Good Faith Defense in Anti-Graft Cases for Withholding Employee Benefits

When does withholding salaries become graft? The Supreme Court explains good faith and undue injury under RA 3019.