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显示第 13729–13752 篇,共 24,858 篇文章

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Oct 9, 2007gross dishonestygrave misconductadministrative casepublic servicecourt personneldismissal

Upholding Integrity: Dishonesty in Public Service Leads to Dismissal

A court utility aide who stole and encashed a colleague's check is dismissed for gross dishonesty and grave misconduct, even after the complainant desisted.

Oct 9, 2007temporary restraining orderelectionannulmentcorporate lawservice of summonsrules of court

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Oct 9, 2007legal ethicslawyer disciplinemisappropriationcode of professional responsibilityclient trustsupreme court

Lawyer Suspended for Misappropriating Client Funds and Deceiving Client About Judge

A lawyer's two-year suspension for misappropriating client funds and falsely claiming payments to a judge, explained in plain language.

Oct 9, 2007administrative lawmilk codebreastfeedingexecutive order 51department of healthcommercial speech

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Oct 9, 2007legal ethicscode of professional responsibilitycontempt of courtlawyer disciplinejudicial dignitysupreme court

When a Lawyer's Criticism of a Judge Leads to Suspension: A Philippine Case Study

A senior state prosecutor's media attacks on a judge led to a one-year suspension. Learn the limits of lawyer speech.

Oct 9, 2007constitutional-law

Judicial Conduct Breaching Constitutional Mandates ON Decision Making

Oct 9, 2007judicial accountabilitycourt fundsundue delayadministrative caseclerks of court

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.

Oct 5, 2007rapecriminal lawmental incapacityrevised penal codeconsentsupreme court

Rape Conviction Upheld Despite Victim's Mental Incapacity: People v. Constantino

The Supreme Court affirmed a rape conviction where the victim had the mental age of a child, clarifying that mental incapacity negates consent under Philippine law.

Oct 5, 2007due processmarriage nullityadministrative casejudgesrules of courtcivil procedure

Judicial Due Process When Haste Makes Waste in Nullity Cases

Two judges fined for gross ignorance of procedure after rushing a marriage nullity case, depriving the husband of due process.

Oct 5, 2007sequestrationsandiganbayanjurisdictionill-gotten wealthpcggcorporate law

Debt-to-Equity Conversions and Stockholder Rights in Sequestered Corporations

The Supreme Court clarifies that ordinary courts lose jurisdiction over disputes involving sequestered corporations, which must be heard by the Sandiganbayan.

Oct 5, 2007constitutional-law

When Government Sequestration Collides With Contractual Obligations Resolving Jurisdictional Disputes

Oct 5, 2007venuecivil procedurecontract lawexclusive venue stipulationrules of court

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Oct 5, 2007civil-proceduredefault-judgmentejectmentdue-processsummary-procedurevenue

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.

Oct 5, 2007criminal lawrapecredibilityreasonable doubtrevised penal codesupreme court

Reasonable Doubt and Prior Inconsistent Actions in Philippine Rape Cases

How the Supreme Court weighed credibility, prior sexual history, and the sweetheart defense in a rape conviction.

Oct 5, 2007double saleland ownershipgood faithcivil lawproperty lawtorrens title

Double Sale of Immovable Property: Good Faith as the Decisive Factor in Land Ownership Disputes

Learn how good faith determines ownership in double sale cases under Philippine law, and what buyers must do to protect their property rights.

Oct 5, 2007jurisdictionsandiganbayansequestrationpcggcontract-lawill-gotten-wealth

When Contract Claims Must Yield to the Sandiganbayan: Jurisdiction Over Sequestered Assets

A contract dispute over sequestered shares belongs to the Sandiganbayan, not the regular courts, when the assets are subject of ill-gotten wealth cases.

Oct 4, 2007labor lawillegal dismissalarticle 284labor codeterminationdisease

Duterte v. Kingswood: Burden of Proof in Disease-Based Dismissals

Philippine Supreme Court clarifies that employers, not employees, must secure a health authority certification to validly terminate on disease grounds.

Oct 4, 2007foreclosurepresidential decree 385government financial institutionsborrower rightssupreme courtphilippine law

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.

Oct 4, 2007labor-lawillegal dismissaldisease terminationburden of proofholiday pay

Burden of Proof in Illegal Dismissal Cases: Employer's Duty to Certify Illness

In Duterte v. Kingswood Trading, the Supreme Court held the employer, not the worker, must prove that illness justified a dismissal.

Oct 4, 2007criminal-law

Accountability FOR Accomplices Establishing Conspiracy AND Liability IN Murder Cases

Oct 4, 2007criminal lawaccountable officercash advancesarticle 218local governmentcommission on audit

Accountable Public Officer Failing to Render Accounts: Liability for Cash Advances

Municipal mayors who receive cash advances are accountable officers. Failure to liquidate or return disallowed funds within two months is a crime under Article 218 of the Revised Penal Code.

Oct 4, 2007property-lawjust-compensationexpropriationgovernment-liabilitydefault-judgmenttorrens-title

Government Liability When Illegal Land Seizure Requires Just Compensation

Supreme Court ruling on government liability for illegally seized property, default judgments, and limits on monetary awards.

Oct 2, 2007real property taxlocal government codetax exemptiongovernment instrumentalitypfda

Real Property Tax Exemption: Government Instrumentalities vs. Beneficial Use by Private Entities

When does a government agency's real property tax exemption end? The Supreme Court clarifies the rule on leased government properties.

Oct 2, 2007criminal-lawdrugsbuy-bust operationchain of custodyra-9165supreme-court

Valid Buy-Bust Operation Upholds Conviction Despite Chain of Custody Concerns in Drug Cases

The Supreme Court affirms a drug conviction, ruling that minor lapses in chain of custody do not automatically warrant acquittal when the evidence's integrity is preserved.