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显示第 16321–16344 篇,共 24,858 篇文章

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Jul 14, 2005civil procedurecertiorarinegligence of counselunlawful detainerrule 65

Counsel's Negligence Binds the Client: Jaramillo v. Court of Appeals and the Lost Appeal

In Jaramillo v. Court of Appeals, the Supreme Court held that a client is bound by counsel's negligence and that certiorari cannot replace a lost appeal.

Jul 14, 2005criminal lawcivil procedureres judicatamotion to quashprejudicial questioncriminal procedure

Criminal VS Civil When A Civil Court Ruling Doesnt Stop A Criminal Trial

A civil court ruling that seems to favor the accused does not automatically stop a criminal prosecution. Learn the rules on prejudicial questions, res judicata, and motion to quash.

Jul 14, 2005administrative lawinjunctionpublic biddingpolice powergovernment contracts

Preliminary Injunction vs. Government Bidding: PPA v. Cipres Stevedoring (G.R. No. 145742)

The Supreme Court ruled that courts cannot stop government cargo handling bids, and that a hold-over permit creates no vested right to a contract.

Jul 14, 2005tax-law

Business TAX Accrual Clarifying Taxable Period Upon Business Retirement

Jul 14, 2005criminal-lawrapemental-retardationcredibilityalibisupreme-court

Protecting the Vulnerable: Upholding Rape Conviction Despite Victim's Mental Retardation

The Supreme Court affirms a rape conviction, ruling that a mentally retarded victim's straightforward testimony remains credible and sufficient for conviction.

Jul 12, 2005labor-lawillegal-dismissalbreach-of-trustterminationlabor-codejurisprudence

Breach of Trust in Employment: Substantiation Required for Valid Termination

Philippine Supreme Court clarifies that employers must prove breach of trust with substantial evidence before terminating employees for loss of confidence.

Jul 11, 2005legal-ethicslawyer-advertisingcode-of-professional-responsibilitysupreme-courtadministrative-law

Lawyer Advertising Balancing Professional Dignity With Public Access TO Legal Services

The Supreme Court clarifies the line between lawyer advertising and professional dignity, balancing public access to legal services with ethical standards.

Jul 8, 2005joinder of partiescivil procedurerules of courtphilippine lawlitigation

When Can Multiple Parties Be Included in a Single Lawsuit? Permissible Joinder Explained

Learn the rules on permissible joinder of parties in Philippine civil cases, explained through Supreme Court rulings in plain language.

Jul 8, 2005property-lawredemptionforeclosureact-3135general-banking-actsupreme-court

Redemption Rights Strict Compliance AND THE Limits OF Repurchase Agreements After Foreclosure

Philippine Supreme Court ruling on strict compliance with statutory redemption periods and limits of repurchase agreements after foreclosure.

Jul 8, 2005insurance lawcargo damagecommon carrierdefective packagingsubrogationarrastre operator

Defective Packaging Shifts Liability from Carrier to Shipper in Cargo Damage Claims

When cargo is damaged due to defective packing, the carrier may escape liability under Article 1734 of the Civil Code.

Jul 8, 2005administrative lawgross neglect of dutypublic officialsinfrastructureombudsmancivil service

Public Officials' Liability in Infrastructure Projects: The Brucal Case

Supreme Court clarifies when public engineers face dismissal for gross neglect in infrastructure projects, and when dishonesty charges fail.

Jul 8, 2005certiorariprocedural rulesretroactivityfresh period rulejoinder of causes of actionrule 65

Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions

The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.

Jul 8, 2005sheriffswrit executionadministrative lawaccountabilityrules of court

Sheriffs Duty Prompt Reporting AND Accountability IN Writ Execution

This case clarifies the duty of sheriffs to promptly report writ execution and their accountability for failure to comply.

Jul 8, 2005agrarian reformcarplivestock farm exemptionra 6657property lawdar

Agrarian Law Livestock Farms Exempt From CARP Coverage If Primarily Devoted To Livestock Raising Before 1988

Philippine Supreme Court ruling on when livestock farms are exempt from agrarian reform coverage under CARP and RA 6657.

Jul 8, 2005real-estate-lawforeclosurewrit-of-possessionejectmentunlawful-detainerlease-agreement

Lease After Foreclosure Overrides Writ of Possession: Philippine Rule

A post-foreclosure lease between mortgagor and mortgagee creates a new relationship, making ejectment, not writ of possession, the proper remedy.

Jul 8, 2005anti-graftra-3019public-officersgood-faithsandiganbayangraft

Graft Case Lessons When Good Faith Defenses Fail Public Officials

A mayor's conviction under Section 3(e) of RA 3019 shows when good faith defenses fail public officials in graft cases.

Jul 8, 2005mortgageredemptionproperty-lawsupreme-courtbankingforeclosure

Equitable Interest When Mortgage Rates Clash With Legal Limits in the Philippines

Philippine Supreme Court ruling on redemption rights, mortgage rates, and legal limits in Banco Filipino case.

Jul 8, 2005labor-lawfloating-statusseparation-pay13th-month-payservice-incentive-leaveillegal-dismissal

When Floating Status Doesnt Guarantee Separation Pay: Employee Rights and Employer Obligations

Understand when floating status ends in separation pay claims. Learn the JPL Marketing ruling on 13th month pay and service incentive leave.

Jun 30, 2005labor-law

Duty TO Bargain Unions Rights Despite Pending Cancellation

Jun 30, 2005administrative lawcourt employeesmisconductdecorumjudiciarycode of conduct

Court Employee Fined for Brawling and Insulting Clerk: Decorum in the Judiciary

A utility worker's fistfight and insulting remarks inside court premises lead to a fine, reinforcing strict decorum rules for judicial employees.

Jun 30, 2005labor lawsecurity of tenurecivil serviceback salariescscemployee rights

Protecting Labor's Bread: Defining Employee Status and Rights to Benefits in the Philippines

Philippine Supreme Court ruling on security of tenure, back salaries, and the binding authority of CSC regional offices in personnel matters.

Jun 30, 2005property-lawconjugal-propertyvoidable-contractsfamily-codecivil-codeprescription

Voidable Contracts When a Husband's Consent Is Crucial in Conjugal Property Sales

When a wife sells conjugal property without her husband's consent, the sale is voidable—but only if he acts to annul it in time.

Jun 30, 2005labor-lawsalary-standardizationgovernment-employeescoabenefitsra-6758

Salary Standardization Act: The July 1, 1989 Cut-Off for Non-Integrated Benefits

Supreme Court clarifies that only incumbents as of July 1, 1989 may continue receiving non-integrated benefits like the NTA's Educational Assistance Incentive Bonus.

Jun 30, 2005banking-law

Truth IN Lending Substantial Compliance Sufficient When Borrower IS Knowledgeable