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显示第 15913–15936 篇,共 24,858 篇文章

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Nov 11, 2005civil-procedurelibeldue-processcase-consolidationcriminal-proceduresupreme-court

Separate Legal Claims WHY Improper Case Consolidation Violates DUE Process

Why the Supreme Court ruled that separate libel complaints against a publisher cannot be consolidated against one defendant without violating due process.

Nov 11, 2005legal ethicsadministrative lawdue processdarablawyers in government servicecode of professional responsibility

Why Delayed and Irregular Decisions Cost This Government Lawyer His License

A DARAB adjudicator was suspended for six months for rendering an irregular decision without notice and hearing, violating due process and the Code of Professional Responsibility.

Nov 11, 2005labor-lawillegal-dismissaldue-processsubstantial-evidenceterminationpltd

Employee Dismissal Illegal Overseas Call Involvement AND DUE Process Rights

PLDT v. Tiamson: dismissal for illegal overseas call connection requires substantial evidence, not just unauthenticated affidavits and unsigned printouts.

Nov 11, 2005criminal-lawestafaterritorial-jurisdictionvenuerevised-penal-codesupreme-court

Territorial Jurisdiction in Estafa Cases: Where the Crime Must Be Proven

In estafa cases, venue is jurisdictional. The Supreme Court explains why the prosecution must prove where the fraud occurred.

Nov 11, 2005chattel mortgageinstallment salescreditor remediesarticle 1484replevincivil law

Chattel Mortgage vs Installment Sales: Creditor Remedies in the Philippines

Philippine Supreme Court clarifies when a creditor may collect the unpaid balance after repossessing a vehicle under a chattel mortgage.

Nov 9, 2005judicial contemptrule 71due processgross ignoranceadministrative case

Judicial Contempt Limits on Punishment and Due Process Rights

Supreme Court clarifies limits on a judge's contempt power, including maximum penalties and the right to post bond.

Nov 8, 2005administrative-lawlabor-lawterminationdue-processmanagement-prerogativelabor-code

When Can a Subordinate's Actions Be Excused? Lessons from Challenge Socks v. Buguat

Philippine Supreme Court clarifies when habitual neglect justifies dismissal and why procedural due process still matters in employee termination.

Nov 8, 2005agricultural tenancydarab jurisdictionejectmentlandowner rightsagrarian disputeproperty law

Establishing Agricultural Tenancy: Key Elements and Landowner Rights in the Philippines

Philippine Supreme Court clarifies the indispensable elements of agricultural tenancy and when courts, not DARAB, have jurisdiction over ejectment cases.

Nov 8, 2005labor-lawterminationhabitual-absenteeismneglect-of-dutydue-processnominal-damages

Habitual Absenteeism and Neglect of Duty: When Is Termination Justified in the Philippines

The Supreme Court explains when habitual absenteeism and neglect of duty justify dismissal, and the price employers pay for skipping due process.

Nov 7, 2005illegal dismissallabor lawretirementconstructive dismissalseparation paybackwages

Illegal Dismissal and Optional Retirement: The Ondevilla Ruling on Employee Rights

Explaining the Supreme Court's ruling on constructive dismissal, optional retirement age, and separation pay in Ondevilla v. Colegio de San Juan de Letran.

Oct 31, 2005legal ethicsdisbarmentfinality of judgmentcontempt of courtcode of professional responsibility

Finality of Judgments and Lawyer Discipline: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case through a writ of error fails, underscoring the doctrine of finality of judgment.

Oct 25, 2005res ipsa loquiturnegligenceemployer liabilityquasi-delictproperty damagecivil law

Res Ipsa Loquitur in Property Damage: Employer Liability for Employee Negligence

When a car fire destroys property, res ipsa loquitur may shift the burden to defendants. Learn the rule from this Philippine Supreme Court case.

Oct 25, 2005tax lawprescriptionbirassessmentcollectionnirc

Tax Assessment and Collection: Understanding the 10-Year Rule in the Philippines

Learn when the 10-year prescriptive period applies to tax assessment and collection in the Philippines, explained through the Commissioner of Internal Revenue v. Tulio case.

Oct 25, 2005illegal dismissalloss of trust and confidencelabor lawterminationsecurity of tenure

Proving Loss of Trust and Confidence in Illegal Dismissal Cases in the Philippines

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, and what employers must prove.

Oct 25, 2005judicial conductundue delaycode of judicial conductadministrative casepostponementsrule 3.05

Judicial Conduct: Mitigating Circumstances and the Duty to Prevent Undue Delay

A judge's duty to prevent undue delay in court proceedings, and how mitigating circumstances affect administrative liability under the Code of Judicial Conduct.

Oct 25, 2005preliminary injunctionadministrative lawcontractual rightsmmdaadvertisinggovernment authority

Injunction Against Government Interference: Protecting Contractual Advertising Rights

Supreme Court ruling on when courts may issue preliminary injunctions to protect contractual rights from government interference in advertising agreements.

Oct 25, 2005tax lawprescriptionjudicial administrationcourt noticesbirnirc

Correcting Court Notices: The Price of Negligence in Judicial Administration

Learn how failure to file tax returns extends the prescriptive period and why court notice errors carry serious consequences.

Oct 25, 2005labor-lawillegal dismissalbreach of trustbankingfraudjust cause

Breach of Trust in Banking: Upholding Employee Dismissal for Fraudulent Acts

Supreme Court affirms dismissal of bank employees for fraud, ruling that bank laxity does not excuse employee misconduct and breach of trust.

Oct 25, 2005tax creditadvance paymentprescriptionbirincome tax

Tax Credit Claims: Time Limits and Exceptions for Advance Payments

Philippine Supreme Court ruling on tax credit claims for advance income tax payments, and when the two-year prescriptive period may not apply.

Oct 25, 2005administrative lawjudicial accountabilitycode of judicial conductpostponementsdemurrer to evidencesupreme court

Judicial Accountability: When a Judge's Leniency Becomes Misconduct

Supreme Court clarifies when a judge's liberal grant of postponements and procedural lapses constitute administrative liability, not gross ignorance of law.

Oct 25, 2005agrarian reformland retentionra 6657carpproperty lawlandowner rights

Land Retention Rights Under Agrarian Reform A Landowners Guide

The Supreme Court explains the five-hectare retention limit under RA 6657 and when a landowner's property may be exempt from CARP coverage.

Oct 25, 2005preliminary injunctionmmdabillboard regulationadministrative lawrule 58contractual rights

Preliminary Injunction Against MMDA Billboards: Protecting Contractual Rights Pending Trial

Supreme Court affirms preliminary injunction stopping MMDA from dismantling MRT 3 billboards, protecting Trackworks' contractual advertising rights pending trial.

Oct 25, 2005administrative lawjudicial ethicsdouble jeopardygross ignorance of the lawdue processphilippine courts

Judicial Accountability for Erroneous Legal Interpretation and Due Process Violations

A judge was fined for gross ignorance of the law after allowing an appeal from an acquittal, violating double jeopardy protections.

Oct 25, 2005labor-lawlegal-compensationunpaid-wagescivil-codeemployee-liabilitysupreme-court

When Can Unpaid Wages Be Offset Against Company Property? The Nadela Case

Philippine Supreme Court explains when legal compensation applies to offset unpaid wages against company property in employee's custody.