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显示第 16609–16632 篇,共 24,858 篇文章

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Apr 6, 2005judicial accountabilitycriminal proceduremotion to dismissdue processgross ignorance of law

Judicial Accountability: Independent Evaluation Required Before Dismissing Criminal Cases

Supreme Court holds judges liable for granting motions to dismiss without independent review, notice, and hearing.

Apr 6, 2005civil procedureappealappellant's briefdismissal of appealexcusable neglectrules of court

Dismissal of Appeal for Late Appellant's Brief: Timely Filing Is Mandatory

The Supreme Court affirms dismissal of an appeal for failure to file the appellant's brief on time, rejecting claims of excusable neglect.

Apr 5, 2005administrative-lawcoslaplabor-lawappeal-processsupreme-courtnlrc

Appeal Route Clarified: COSLAP Decisions Go to Court of Appeals, Not Directly to Supreme Court

Learn why COSLAP rulings on labor cases must be appealed to the CA first, based on a recent Supreme Court decision.

Mar 31, 2005civil lawdonationsonerous donationsbreach of contractrevocation of donation

Onerous Donations and Substantial Breach: Upholding the Purpose of a Gift

When can a donor revoke an onerous donation? The Supreme Court explains the substantial breach rule in C-J Yulo & Sons v. Roman Catholic Bishop of San Pablo.

Mar 31, 2005insurance-lawcommon-carrierfortuitous-eventcargo-lossnegligencemarine-insurance

Carrier Negligence vs Fortuitous Events: Defining Insurance Liability in Cargo Loss

When a typhoon sinks a barge, who pays? The Supreme Court clarifies when a carrier's negligence defeats both the fortuitous-event defense and insurance recovery.

Mar 31, 2005election-lawpresidential-electoral-tribunalelection-protestsmanifest-errorscanvasslegarda-v-de-castro

Correcting Election Returns: The Presidential Electoral Tribunal's Authority to Rectify Manifest Errors

The PET may correct manifest errors in election returns and certificates of canvass as part of its constitutional mandate to judge election contests.

Mar 31, 2005agrarian reformoperation land transferpresidential decree 27land registrationproperty law

Land Transfer Knowledge vs Registration in Agrarian Reform: Heirs of Hidalgo

Why unregistered land sales before PD 27 do not exempt property from Operation Land Transfer coverage.

Mar 31, 2005sheriffsadministrative lawgross neglect of dutywrit of possessionexecution of judgmentsjudiciary

Sheriff's Duty to Execute Writs Is Ministerial: Lessons from Legaspi v. Tobillo

A sheriff's failure to promptly implement a writ of possession constitutes gross neglect of duty, resulting in administrative liability.

Mar 31, 2005civil-law

RES Judicata Understanding When A Prior Judgment Doesnt BAR A NEW Case

Mar 31, 2005civil-procedurewater-codejurisdictionadministrative-remedieswater-districtsupreme-court

Untimely Appeals and Water Rights: When Courts, Not Agencies, Decide Land Conversion Disputes

A water district's injunction suit against illegal well operators belongs in regular courts, not the Water Council, the Supreme Court rules.

Mar 31, 2005labor-lawterminationbreach-of-trustmanagerial-employeesjust-causenlrc

Breach of Trust in Banking: Proving Employee Misconduct for Valid Dismissal

Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for dismissing managerial employees.

Mar 31, 2005negotiated procurementgovernment contractspublic trustprocurement lawsupreme court rulinggovernment transactions

Upholding Public Trust: The Limits of Negotiated Procurement in Government Transactions

Explore the Supreme Court's ruling on negotiated procurement limits, public trust, and accountability in government transactions.

Mar 31, 2005water codewater districtjurisdictioninjunctionpd 198pd 1067

Water Rights vs Interference: When Courts Decide Water District Disputes

Supreme Court clarifies when regular courts, not the water council, have jurisdiction over water district disputes involving interference with vested rights.

Mar 31, 2005civil-lawprocedural-rulesappealrule-42rule-45court-of-appeals

Upholding Procedural Rules A Guide TO Appealing Court Decisions IN THE Philippines

Learn how to properly appeal court decisions in the Philippines and avoid dismissal due to procedural defects.

Mar 31, 2005psychological incapacityfamily codenullity of marriagemoral damagesproperty relations

Psychological Incapacity and Marital Damages: Reconciling Grounds for Nullity and Liability

Explains why damages cannot be awarded when a spouse's acts stem from psychological incapacity, and how property is divided in void marriages.

Mar 31, 2005criminal-lawprocedural-rulessubstantial-justicesupreme-courtappealsrules-of-court

Reinstatement of Criminal Cases: Balancing Procedural Rules and Substantial Justice

Philippine Supreme Court ruling on procedural compliance in appeals, balancing strict rules against substantial justice in criminal case reinstatement.

Mar 31, 2005property lawco-ownershiprules of courtappealsphilippine jurisprudence

Property Rights and Due Process: Lessons from Barcenas v. Tomas on Appeals and Co-Ownership

A Supreme Court ruling reminds property owners that procedural rules on appeals are strict, and that a co-owner may validly sell an undivided share without the consent of the others.

Mar 31, 2005forcible entryejectmentprior possessionrule 70property lawjurisdiction

Ejectment Suits: Proving Prior Possession in Forcible Entry Cases

Learn how Philippine courts decide forcible entry cases, focusing on the key requirement of prior physical possession and jurisdictional rules.

Mar 31, 2005labor lawseparation paycollective bargaining agreementvoluntary resignationcbatermination pay

CBA Separation Pay for Voluntary Resignation: When Contractual Stipulations Prevail

Philippine Supreme Court rules that a CBA can grant separation pay to voluntarily resigning employees, even if the Labor Code does not require it.

Mar 31, 2005criminal lawdamageslibelfreedom of pressactual malice

No Damages for Accused: Criminal Courts Cannot Award Damages to the Accused in Criminal Cases

Philippine Supreme Court clarifies that criminal courts cannot award damages to the accused in criminal cases, reversing libel conviction.

Mar 31, 2005maritime lawphilippine ports authoritydue processadministrative lawcargo handling ratesrate regulation

PPA Rate Increases and Due Process: What Shipping Lines Should Know

The Supreme Court clarifies when notice and hearing are required for port rate increases by the Philippine Ports Authority.

Mar 31, 2005legal ethicsundue delayjudicial disciplinerule 140code of judicial conductadministrative case

Judicial Efficiency: Judge Fined P5,000 for Undue Delay in Resolving a Motion

A judge's failure to resolve a pending motion within the 30-day reglementary period constitutes undue delay, a less serious offense under Rule 140.

Mar 31, 2005forum shoppingcertificationrule 45rule 42procedural rulescivil procedure

Forum Shopping Dismissal Based on False Certification and Identity of Issues

Learn how defective verification and certification of non-forum shopping led to dismissal of an appeal in Philippine courts.

Mar 31, 2005judicial ethicsbailgross ignorance of the lawadministrative caserules of court

Approving Bail Outside Territorial Jurisdiction: Gross Ignorance of the Law

A judge who approves bail for cases pending in other courts commits gross ignorance of the law, warranting suspension.