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显示第 16633–16656 篇,共 24,858 篇文章

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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, 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, 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, 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.

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, 2005legal ethicssheriffwrit of executiongross neglect of dutyadministrative casejudicial ethics

Sheriff's Duty to Execute Writs Is Ministerial: Lessons from a Gross Neglect Case

The Supreme Court reminds sheriffs that executing writs is a ministerial duty—delays and excuses do not justify neglecting court orders.

Mar 31, 2005libelactual malicejournalismfreedom of expressionphilippine law

Safeguarding Journalistic Freedom: Actual Malice and Libel in Public Discourse

Philippine law on libel and actual malice explained, with practical guidance for journalists, media practitioners, and public commentators.

Mar 31, 2005administrative-law

DUE Process Imperative Mandatory Injunctions Require Notice AND Hearing

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, 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 29, 2005election lawpresidential electoral tribunalsubstitutionelection protestfernando poe jr.public office

Death and Election Protests: Can a Widow Substitute for a Deceased Protestant?

The Supreme Court, sitting as the Presidential Electoral Tribunal, ruled on whether a widow could substitute for her deceased husband in a presidential election protest.

Mar 28, 2005civil-proceduredefault-judgmentsummonsvoluntary-appearancejurisdictionrules-of-court

Default Judgments: Voluntary Appearance Cures Defective Summons

Philippine Supreme Court clarifies that a defendant's voluntary appearance in court cures defective summons, preventing later challenges to default judgments.

Mar 28, 2005foreclosureextrajudicial saleact no. 3135noticepublicationreal estate mortgage

Foreclosure Validity: Proper Notice and Publication in Extrajudicial Sales

Philippine Supreme Court clarifies posting and publication requirements for valid extrajudicial foreclosure sales under Act No. 3135.

Mar 28, 2005mootnesscorporationdissolutioncivil-procedurephilippine-law

Mootness Doctrine Resolving Disputes After A Corporations Dissolution

When a corporation dissolves mid-litigation, courts must decide if the case is moot. Learn the doctrine's application.

Mar 28, 2005administrative-lawpnpgrave-misconductra-6975summary-dismissalpolice-discipline

Supreme Court Upholds PNP Officer’s Dismissal for Grave Misconduct Under RA 6975

SC ruling on PNP summary dismissal powers, grave misconduct, and procedural rules in police administrative cases under RA 6975.

Mar 28, 2005co-ownershipejectmentcivil lawproperty lawforcible entrysupreme court

Co-Ownership and Ejectment: Clarifying Rights and Remedies in Property Disputes

Philippine Supreme Court clarifies that any co-owner may file ejectment against occupants by mere tolerance, even before partition.

Mar 28, 2005police misconductadministrative dismissaldue processpnpnapolcomra 6975

Police Misconduct Due Process: Navigating Administrative Dismissals in the Philippines

Learn how the Supreme Court handles police misconduct cases, due process in administrative dismissals, and jurisdiction under RA 6975.

Mar 28, 2005labor-lawretrenchmentdue-processseparation-paynominal-damagestermination

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

Mar 28, 2005administrative lawcourt administrationclerks of courtneglect of dutyrules of courtjudiciary

Accountability in the Judiciary: Upholding Diligence in Court Administration

The Supreme Court holds clerks of court to strict standards of diligence, ruling that delayed transmittal of appeal records constitutes simple neglect of duty.

Mar 21, 2005legal ethicsgovernment corporate counselgoccunauthorized practiceadministrative case

Lawyer Fined for Unauthorized Appearance as NEA Counsel in GOCC Case

Supreme Court fines lawyer P5,000 for appearing as NEA counsel without required OGCC conformity and COA concurrence.

Mar 18, 2005agrarian reformdarab jurisdictionland title disputecloaproperty rightscivil law

Conflicting Land Titles: DARAB Jurisdiction Over Annulment of CLOA-Based Titles

When land titles conflict, knowing which court has jurisdiction is crucial. The Supreme Court clarifies DARAB's exclusive authority over CLOA-derived titles.

Mar 18, 2005labor-lawproject-employeeregular-employeeillegal-dismissalsecurity-of-tenurelabor-code

Project Employees vs Regular Employees: Security of Tenure Under the Labor Code

When is a construction worker a project employee rather than a regular one? The Supreme Court clarifies the rules on tenure and illegal dismissal.

Mar 18, 2005property-lawurban-land-reformright-of-first-refusalpd-1517tenant-rightsland-reform

Right of First Refusal Under P.D. No. 1517: Limits on Urban Land Reform Tenant Protection

The Supreme Court clarifies when the right of first refusal under P.D. No. 1517 applies—and when it does not.

Mar 18, 2005express trustbeneficiaries rightsfictitious salephilippine lawsupreme courttrust law

Express Trusts Upholding Beneficiaries Rights Despite Fictitious Sales

Philippine Supreme Court ruling on express trusts, beneficiaries' rights, and fictitious sales of property.