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显示第 16393–16416 篇,共 24,858 篇文章

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Jun 27, 2005legal-ethics

Judicial Authority AND Administrative Circulars Resolving Conflicts IN Court Decision Making

Jun 27, 2005administrative lawpreliminary investigationdue processgross ignorance of the lawjudgesrule 112

Upholding Due Process: Ignoring Preliminary Investigation Procedures Constitutes Gross Ignorance of the Law

A judge who skips the required preliminary investigation procedure violates due process and commits gross ignorance of the law.

Jun 27, 2005judicial ethicspreliminary investigationgross ignorance of the lawrule 112bailadministrative case

Judge Fined for Gross Ignorance of the Law in Preliminary Investigation

The Supreme Court fined a municipal judge P10,000 for skipping the required preliminary investigation steps and misreading the rules on bail and arrest warrants.

Jun 27, 2005labor-lawconstructive-dismissalloss-of-trustdue-processillegal-dismissalmanagement-prerogative

When Loss of Trust Can Lead to Termination: Employee Rights Explained

Philippine Supreme Court ruling on constructive dismissal, loss of trust, and due process in employee termination cases.

Jun 23, 2005criminal lawright to counselcounsel negligencemotion for reconsiderationsupreme courtdue process

Counsel’s Negligence Reopens Criminal Appeals for Fair Representation

When a lawyer abandons a client’s appeal, the Supreme Court may reopen the case to protect the accused’s right to counsel.

Jun 23, 2005judicial disciplinegross ignorance of the lawbailhabeas corpusrules of courtadministrative law

Granting Bail After Final Judgment Is Gross Ignorance of the Law: A Lesson for Judges

A judge who granted bail to a convict already serving a final sentence was held liable for gross ignorance of the law. Learn the rules.

Jun 23, 2005civil-lawvenuecontractsexclusive-venue-stipulationrules-of-courtsan-miguel

Venue Stipulations in Contracts: Limits on Exclusive Venue Clauses

Philippine Supreme Court ruling on when exclusive venue stipulations in contracts apply, and when they cannot restrict access to courts.

Jun 23, 2005labor-lawillegal-dismissaldue-processtwo-notice-ruleabandonmentnlrc

Due Process in Labor Dismissals: The Two-Notice Rule and the Burden of Proving Just Cause

The Supreme Court reaffirms that dismissal without proper notice and hearing is illegal, and employers bear the burden of proving just cause.

Jun 23, 2005contract-lawsale-vs-piece-of-worksubcontractor-rightsarticle-1729civil-codedel-monte

Contract of Sale vs Piece of Work: Subcontractor Rights Under Article 1729

Philippine Supreme Court clarifies when a supply agreement is a piece of work, giving subcontractors direct claims against project owners.

Jun 23, 2005service of summonscorporate representationrule 14management committeecivil proceduresec

Service of Summons on Corporations: Who Can Validly Receive It

Philippine Supreme Court clarifies who may validly receive summons for a corporation, including management committee members under SEC supervision.

Jun 23, 2005right of repurchasepacto de retroproperty lawprescriptioncivil code

Lost Chance to Repurchase: Understanding Time Limits in Property Sales with Right of Repurchase

The Supreme Court ruled that a vendor's right to repurchase property must be exercised within four years from the time the condition triggering it occurs.

Jun 23, 2005judicial ethicsadministrative casemotion for reconsiderationdelaycode of judicial conductsupreme court

When Delay Costs More Than Time: The High Price of Unresolved Motions for Reconsideration

A judge's one-year delay in resolving a motion for reconsideration leads to a P10,000 fine, highlighting judicial accountability and prompt case disposition.

Jun 23, 2005prescriptioncivil lawdebt collectionaccrual of actiondemandchina banking corporation

Accrual of Action: Demand as the Starting Point for Prescription in Debt Recovery

When does the prescriptive period for collecting a debt begin? The Supreme Court clarifies that demand, not maturity, starts the clock.

Jun 23, 2005civil-law

Upholding Contractual Obligations Enforcing Extrajudicial Settlements AND Eviction

Jun 22, 2005sandiganbayanforfeitureunlawful acquisitionombudsmanjurisdictionra-1379

Unlawful Acquisition: Sandiganbayan’s Jurisdiction Over Forfeiture Cases

The Supreme Court affirms the Sandiganbayan’s jurisdiction over forfeiture cases under R.A. 1379, including those filed by the Ombudsman.

Jun 22, 2005election-lawsenate-electoral-tribunalcomelecelection-protestjurisprudence

Senate Electoral Tribunal Jurisdiction Ensuring Due Process in Senatorial Election Protests

Barbers v. COMELEC clarifies that the Senate Electoral Tribunal has sole jurisdiction over post-proclamation senatorial election contests.

Jun 21, 2005civil-procedurelabor-lawdue-processnominal-damagesterminationjurisprudence

Substantial Justice Prevails Dismissal Based ON Technicality Overturned IN Procedural Rules Dispute

The Supreme Court clarifies the rule on dismissals without due process, awarding nominal damages instead of reinstatement.

Jun 21, 2005labor-lawillegal dismissalreinstatementback wagesseparation paystrained relations

Reinstatement vs. Separation Pay: Upholding the Rights of Illegally Dismissed Employees

Illegal dismissal entitles workers to reinstatement and full back wages. Separation pay is only an alternative when strained relations are proven.

Jun 21, 2005reckless imprudencevehicular homicidedamagessubsidiary liabilityrevised penal codecriminal law

Reckless Imprudence and Damages in Vehicular Homicide: Key Rules from Nueva España

The Supreme Court clarifies reckless imprudence liability, proof of damages, and employer subsidiary liability in vehicular homicide cases.

Jun 21, 2005sheriffsneglect of dutyadministrative liabilitycourt personnelphilippine jurisprudence

Sheriffs and Public Trust: When a Court Officer Stands By and Does Nothing

A Supreme Court ruling shows that a sheriff's silence during an irregular demolition was neglect of duty, not innocence, and that court officers must act above suspicion.

Jun 21, 2005labor-lawofwillegal-dismissallabor-codenlrcoverseas-employment

Protecting Filipino Workers: Philippine Labor Laws Extend to OFWs Regardless of Contractual Stipulations

Philippine labor laws protect OFWs even when employed abroad. The Supreme Court affirms that contractual stipulations cannot waive these protections.

Jun 21, 2005administrative lawexhaustion of remediespnpdue processcivil servicenapolcom

Exhaustion of Administrative Remedies: Due Process in PNP Dismissal Cases

The Supreme Court clarifies that dismissed PNP officers must exhaust all administrative remedies, including appeals to the DILG Secretary and CSC, before seeking court intervention.

Jun 21, 2005insurance lawlabor lawoverseas employmentdeath benefitsinsurance agentssolidary liability

Agent Liability in Insurance Contracts: The Pandiman Philippines Ruling

A Supreme Court ruling clarifies when an insurance agent can be held liable for claims, and who bears responsibility for overseas workers' death benefits.

Jun 21, 2005contract-lawrescissioncivil-codeforfeiturerestitutionsupreme-court

Rescission of Contract: Balancing Forfeiture Clauses With the Duty to Reimburse

Philippine Supreme Court ruling on how rescission under Article 1191 requires mutual restitution, even when forfeiture clauses exist.