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显示第 15961–15984 篇,共 24,858 篇文章

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Oct 20, 2005administrative casecourt personnelfranking privilegemisconductdemand letterjudicial ethics

Court Personnel Cannot Use Official Position to Send Private Demand Letters

Supreme Court rules court employees who send private demand letters using court letterheads and franking privileges commit simple misconduct.

Oct 20, 2005labor-lawcertiorariprocedural-rulessubstantial-justicenlrcsupreme-court

Substantial Justice vs Procedural Rules: When Courts Relax the 60-Day Rule in Labor Cases

The Supreme Court explains when a late petition for certiorari may be excused, balancing procedural rules against substantial justice in labor disputes.

Oct 20, 2005annulment of judgmentextrinsic fraudrule 47finality of judgmentcivil procedure

Annulment of Judgment: Extrinsic Fraud and Timeliness in Philippine Courts

Philippine Supreme Court clarifies the four-year prescriptive period and strict requirements for annulment of judgment based on extrinsic fraud under Rule 47.

Oct 20, 2005agrarian lawtenancydarabagricultural tenancyproperty lawsupreme court

Tenancy Rights: How to Prove Agricultural Tenancy in Philippine Agrarian Law

The Supreme Court clarifies that a tenancy relationship cannot be presumed—all six elements must be proven by evidence.

Oct 20, 2005labor-lawillegal-dismissaljust-causeterminationdue-processsecurity-of-tenure

Attitude Problems and Employee Termination: Defining Just Cause in the Philippines

Philippine Supreme Court clarifies when "attitude problem" can justify employee termination and the required notices for valid dismissal.

Oct 19, 2005corporate lawshareholder rightstrust agreementscorporation codestock transfersec jurisdiction

Shareholder Rights and Corporate Obligations: How Trust Agreements Affect Corporate Governance

Supreme Court ruling on trust agreements, stock transfer books, and shareholder rights under Philippine corporate law.

Oct 19, 2005constitutional-law

Livestock Lands Untouchable DAR A O NO 9 Declared Unconstitutional

Oct 19, 2005criminal-law

Ombudsmans Discretion Challenging Probable Cause Determinations IN Corruption Cases

Oct 19, 2005philippine-law

Attorneys Neglect Leads TO Suspension Upholding Diligence IN Legal Representation

Oct 19, 2005procedural rulesappealtechnical defectsrule 45rule 43civil service

Procedural Rules vs Substantive Rights: Dismissal of Appeals for Technical Defects

Learn how the Supreme Court treats appeals dismissed for technical defects, and why procedural rules matter as much as substantive rights.

Oct 19, 2005ejectmentunlawful detainerpreliminary injunctionimmediate executioncivil procedure

Injunctions in Ejectment: Balancing Immediate Execution With Equitable Considerations

The Supreme Court clarifies when courts may issue preliminary injunctions despite the immediately executory nature of ejectment judgments.

Oct 19, 2005ejectmentcontract to sellpossessiondacion en pagocivil lawproperty law

Ejectment Actions and Contracts to Sell: Clarifying Possession Rights in Philippine Law

Philippine Supreme Court clarifies when a buyer under a contract to sell may be ejected, and the duties of banks purchasing properties.

Oct 19, 2005legal ethicslawyer negligenceappealscode of professional responsibilityadministrative case

Counsel's Negligence in Appeals: Timeliness and Client Diligence

A lawyer's failure to pay docket fees and file certifications can doom an appeal—and trigger administrative sanctions for negligence.

Oct 17, 2005banking lawunauthorized withdrawalsmoral damagesgross negligencefiduciary dutycivil law

Banks' Duty of Care: Liability for Unauthorized Withdrawals and Moral Damages

Philippine Supreme Court ruling on bank liability for unauthorized withdrawals, gross negligence, and awards of moral and exemplary damages.

Oct 17, 2005criminal proceduredue processspeedy trialdemurrer to evidencesandiganbayan

Due Process in Criminal Prosecution: When the State May Present Additional Evidence

Explaining when courts may allow the prosecution to present additional evidence and how the State's right to due process balances against the accused's right to speedy trial.

Oct 17, 2005tax lawprescriptionbirdocumentary stamp taxcollectionsupreme court

Tax Collection Deadlines: Prescription in Philippine Tax Law Explained

Learn how the BPI v. CIR case clarifies the three-year prescription period for tax collection and when it may be suspended.

Oct 17, 2005administrative lawombudsmanpreliminary investigationgrave abuse of discretionairport concessionsdue process

Reopening Inquiry Service Provider Rights and Due Process in Airport Terminal Agreements

Court rules Ombudsman committed grave abuse of discretion in dismissing service operators' complaint without complete preliminary investigation.

Oct 17, 2005banking lawfiduciary dutymoral damagesunauthorized withdrawalbank negligencecivil code

When Banks Breach Fiduciary Duty: Liability for Unauthorized Withdrawals

Supreme Court ruling on bank liability for unauthorized withdrawals by employees, moral damages, and the fiduciary duty of banks to depositors.

Oct 14, 2005retrenchmentlabor lawsecurity of tenureterminationlabor codejurisprudence

Retrenchment Rules in the Philippines: Proving Losses and Fair Selection

Philippine Supreme Court ruling on retrenchment: what employers must prove to validly dismiss employees due to business losses.

Oct 14, 2005criminal-law

Judicial Accountability Premature Issuance OF Arrest Warrants AND THE Duty OF Legal Proficiency

Oct 14, 2005labor-lawretrenchmentillegal-dismissalterminationseniorityfinancial-losses

Retrenchment Requirements: Proving Financial Losses and Fair Criteria in Employee Dismissal

Philippine Supreme Court ruling on retrenchment: employers must prove substantial losses and use fair criteria like seniority when dismissing employees.

Oct 14, 2005tax exemptionmutual life insurancedocumentary stamp taxpremium taxcooperativeombudsman

Mutual Life Insurance Companies Exempt from Premium Tax and DST

Supreme Court rules mutual life insurance companies are cooperatives exempt from premium tax and documentary stamp tax without CDA registration.

Oct 14, 2005real-estate-law

DUE Diligence IN Real Estate Mortgage A Banks Duty TO Investigate Beyond THE Title

Oct 14, 2005habitual tardinesscivil servicecourt stenographeradministrative casepublic accountabilityjudiciary

Habitual Tardiness in Public Service: Court Holds Family Obligations Not a Valid Excuse

Supreme Court reprimands court stenographer for habitual tardiness, ruling family obligations do not excuse repeated lateness in public service.