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显示第 15625–15648 篇,共 24,858 篇文章

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Feb 16, 2006adoptionestate settlementcollateral attackfamily lawphilippine supreme court

Validity of Adoption in Estate Settlement: Why a Decree Stands Until Annulled

A valid adoption decree cannot be attacked collaterally in estate proceedings. Learn the rule from Reyes v. Sotero.

Feb 16, 2006labor lawgovernment-owned corporationscommission on auditemployee benefitsphilippine ports authoritycorporate autonomy

Corporate Autonomy and Employee Benefits: The PPA Hazard Pay and Birthday Gift Case

The Supreme Court clarifies when government-owned corporations can grant employee benefits, using the PPA hazard pay and birthday cash gift case.

Feb 16, 2006criminal-lawcomelec-gun-banstrict-liabilitymala-prohibitaelection-periodfirearms

Strict Liability and the Comelec Gun Ban: Why Ignorance of the Law Is No Excuse

The Supreme Court explains why carrying a firearm during an election period without a permit is a strict liability offense under COMELEC Resolution No. 2323.

Feb 16, 2006civil servicesecurity of tenurepermanent appointmenttemporary appointmentcareer serviceadministrative law

Permanent vs Temporary Appointments: Security of Tenure in Philippine Civil Service

A Supreme Court ruling clarifies when a "permanent" appointment is actually temporary, and what it means for security of tenure in government service.

Feb 13, 2006implied trustpurchase money resulting trustcivil code article 1448property lawdonationsupreme court

Unveiling Implied Trust: How Purchase Money Defines Property Rights in the Philippines

Philippine Supreme Court explains purchase money resulting trust under Article 1448, Civil Code, and its effect on donations of property.

Feb 13, 2006speedy trialjudicial ethicsarraignmentmandamuscriminal procedureright to counsel

Judicial Efficiency: A Judge's Duty to Expedite Case Resolution and Avoid Undue Delay

The Supreme Court reminds judges of their duty to expedite proceedings, ruling that prolonged arraignment delays violate the constitutional right to speedy trial.

Feb 13, 2006compromise agreementcivil lawcontractsres judicatasecurity banksupreme court

Compromise Agreements: Who Is Actually Bound by a Settlement?

A compromise agreement binds only its signatories. Learn how the Supreme Court protected a co-maker not named in the settlement.

Feb 13, 2006property lawejectmentco-ownershipcivil codesupreme courtlitigation

Res Judicata in Philippine Property Disputes: Preventing Endless Litigation

When can a co-owner file ejectment alone? The Supreme Court clarifies Article 487 and the rules on indispensable parties.

Feb 13, 2006litis pendentiaforum shoppingcivil procedureres judicatarules of court

When Two Lawsuits Overlap: Litis Pendentia and the Peril of Splitting One Dispute

The Supreme Court explains when a second lawsuit over the same dispute must be dismissed, even without forum shopping.

Feb 13, 2006legal ethicsprofessional responsibilitycode of professional responsibilityadministrative caselawyer discipline

When a Lawyer's Appeal Becomes Misuse of Legal Processes: A Philippine Lesson

A UP lawyer was reprimanded for appealing a student tribunal's dismissal. Learn the limits of a lawyer's duty and legal process.

Feb 13, 2006criminal-procedurerapejudicial-delayinformation-amendmentdeath-penaltyphilippine-law

Understanding Judicial Delay and Accountability Through a Landmark Philippine Rape Conviction

A father's rape conviction highlights Philippine rules on judicial delay, information amendment, and accountability in criminal procedure.

Feb 13, 2006implied trustdonationcivil codepurchase money resulting trustadministrative lawproperty law

Breach of Trust: When a Donation Fails Because the Donor Was Only a Trustee

A donor cannot give away property that belongs to another. The Supreme Court explains implied trusts and void donations in Comilang v. Burcena.

Feb 13, 2006speedy trialarraignmentcriminal proceduremandamusdetention rights

Arraignment Delays and Your Right to Speedy Trial in the Philippines

When repeated postponements of arraignment violate the constitutional right to speedy trial, dismissal of the case and release may be warranted.

Feb 13, 2006litis pendentiacase dismissalphilippine litigationprocedural lawsupreme court ruling

Navigating Multiple Lawsuits Understanding Litis Pendentia IN THE Philippines TO Avoid Case Dismissal

Learn how litis pendentia can lead to case dismissal in the Philippines, with insights from a Supreme Court ruling on procedural rules.

Feb 12, 2006co-ownershipejectmentunlawful detainercivil code article 487property lawsupreme court ruling

Can One Co-Owner File an Ejectment Case in the Philippines? Yes, Under Article 487

A single co-owner can file an ejectment suit without the others. The Supreme Court explains how Article 487 of the Civil Code works.

Feb 10, 2006fiscal autonomyconstitutional commissionsappropriationscivil service commissionbudget releasephilippine law

Fiscal Autonomy of Constitutional Agencies: Full Release of Appropriations Mandatory

The Supreme Court affirms that fiscal autonomy requires automatic and full release of appropriations to constitutional agencies, not mere scheduling.

Feb 10, 2006notarized-deedsproperty-disputesburden-of-proofcivil-lawdeed-of-saleforgery

Upholding Notarized Deeds: Why Mere Denial Isnt Enough in Philippine Property Disputes

A Supreme Court ruling clarifies that a notarized deed of sale cannot be overturned by a seller's bare denial, explaining the burden of proof in property disputes.

Feb 10, 2006criminal lawenvironmental lawdouble jeopardyduplicity of chargesmining lawwater code

Single Act, Multiple Charges: Duplicity and Double Jeopardy in Philippine Environmental Law

Explaining the Supreme Court ruling that one act can violate several environmental laws without violating double jeopardy protections.

Feb 10, 2006administrative-lawcommission-on-auditgovernment-accountabilitylocal-government-codepublic-officersspecial-education-fund

When Certifying Completion: Public Official Liability for Inaccurate Certifications

A provincial treasurer certified PSB projects as 100% complete when they were not. The Supreme Court explains when officials face liability.

Feb 10, 2006fiscal autonomyconstitutional commissionsbudget releasecivil service commissionautomatic appropriation

Fiscal Autonomy in the Philippines: Automatic Release of Funds for Constitutional Agencies

The Supreme Court clarifies that fiscal autonomy requires full, automatic release of funds to constitutional agencies, not mere scheduling.

Feb 10, 2006writ of possessionpreliminary injunctioncourt of appeals jurisdictionextrajudicial foreclosurereal estate law

Court of Appeals Cannot Stop a Writ of Possession Through a Standalone Injunction Petition

A buyer who fully paid for foreclosed condominium units cannot ask the Court of Appeals for a standalone preliminary injunction to stop a writ of possession. Jurisdiction rules explained.

Feb 10, 2006fiscal autonomyconstitutional commissionscivil service commissiondbmbudget lawphilippine constitution

Fiscal Autonomy in the Philippines: What the CSC v. DBM Ruling Means

The Supreme Court clarifies that fiscal autonomy for constitutional bodies means full, automatic release of appropriations—not subject to DBM cash management policies.

Feb 10, 2006administrative-lawclerk-of-courtnegligencedue-diligencejudicial-ethicscase-records

Clerk of Court Negligence Consequences and Due Diligence in Philippine Courts

A Supreme Court ruling on the consequences of a clerk of court's negligence in transmitting case records and the duty of due diligence.

Feb 9, 2006criminal lawreckless imprudencehomiciderevised penal codecriminal intentsupreme court

Homicide or Reckless Imprudence: Intent Matters in Philippine Criminal Law

The Supreme Court explains when a fatal act is homicide versus reckless imprudence, focusing on criminal intent.