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显示第 16705–16728 篇,共 24,858 篇文章

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Feb 28, 2005labor lawillegal dismissalloss of trust and confidencedue processlabor code

Loss of Trust and Confidence: When Temporary Assignment Does Not Justify Dismissal

Acting as a route salesman for three days did not make a driver-helper a trust-and-confidence employee, so dismissal was too harsh.

Feb 28, 2005arrest warrantsjudicial discretioncriminal procedureprobable causerule 112administrative case

Judicial Discretion in Issuing Arrest Warrants: Balancing Rights and Efficiency in Philippine Courts

Philippine Supreme Court clarifies that judges have sound discretion in issuing arrest warrants, not a ministerial duty, in Sesbreño v. Judge Aglugub.

Feb 28, 2005labor-lawseparation-payillegal-dismissalbreach-of-trustlabor-codesocial-justice

Breach of Trust or Harsh Penalty: Separation Pay for Dismissed Acting Employees

Philippine law allows separation pay even for valid dismissal, except for serious misconduct or moral character issues. Learn the rules.

Feb 28, 2005civil procedureappealsdocket feesfinality of judgmentsupreme court

Finality of Judgments: Late Docket Fee Payment Dooms Appeal in Meatmasters Case

Learn how late payment of appellate docket fees affects judgment finality, based on the Supreme Court's ruling in Meatmasters v. Lelis.

Feb 28, 2005civil-law

Collateral Attacks ON Land Titles Upholding THE Integrity OF THE Torrens System IN Property Disputes

Feb 28, 2005property-lawejectmentagrarian-disputeownershiptenancysupreme-court

Upholding Property Rights: Valid Ownership in Ejectment Cases

Supreme Court ruling clarifies that valid ownership is essential in ejectment cases, and only a true landowner can establish tenancy.

Feb 28, 2005maritime lawseafarer rightsillegal dismissaldisciplinary procedurespoea contractlabor law

Strikes at Sea: Balancing Seafarer Rights and Disciplinary Procedures in Maritime Employment

Philippine Supreme Court ruling on seafarer dismissal for joining a strike, emphasizing due process in maritime disciplinary procedures.

Feb 28, 2005labor-lawseparation-payillegal-dismissalsocial-justicelabor-codejurisprudence

Retirement Pay Disputes: Reconciling Vouchers and Clearances in Labor Law

Philippine Supreme Court rules on separation pay for validly dismissed employees, balancing social justice with employer trust and confidence standards.

Feb 28, 2005election lawresidency requirementlocal government codeomnibus election codedisqualificationsupreme court

Residency Redefined: Abandonment and Reacquisition in Philippine Election Law

How a mayor who once lived in the US reclaimed Philippine residency for election purposes, and what the ruling means for candidates.

Feb 28, 2005administrative lawhabitual absenteeismcivil servicecourt employeeinefficiencyconduct prejudicial to service

Balancing Public Service and Personal Hardship: The Case of Ma. Donna Y. Sultan

Court employee's unauthorized absences and inefficiency lead to suspension, but family crisis earns leniency in this administrative case.

Feb 28, 2005labor-lawseparation-payjust-causeterminationsocial-justice

The Compassionate Exception: When Can a Lawfully Dismissed Employee Receive Separation Pay

Philippine law generally denies separation pay to employees dismissed for just cause, but a compassionate exception exists. Learn the rules.

Feb 28, 2005legal ethicsattorney disciplinecode of professional responsibilitydue processadministrative cases

Balancing Attorney Conduct: Upholding Dignity While Protecting Due Process in Legal Practice

SC ruling clarifies that pending criminal cases do not automatically warrant lawyer suspension, but offensive language against opposing counsel remains sanctionable.

Feb 28, 2005torts-and-damagesabuse-of-rightscivil-codemoral-damagesarticle-19article-21

Abuse of Rights and Uninvited Guests: The Amay Bisaya Damages Case

When does asking a gate-crasher to leave become actionable? The Supreme Court clarifies abuse of rights under Articles 19 and 21.

Feb 28, 2005labor lawseparation payjust cause dismissalsocial justicelabor codejurisprudence

Separation Pay Despite Valid Dismissal: The Rule on Just Causes in Philippine Labor Law

Philippine Commercial International Bank v. Abad explains when a validly dismissed employee may still receive separation pay under social justice.

Feb 28, 2005mining lawpanel of arbitratorsjurisdictionphilippine mining actcivil lawsupreme court

Mining Disputes vs Judicial Questions: Jurisdiction of the Panel of Arbitrators

The Supreme Court clarifies when the Panel of Arbitrators has jurisdiction over mining disputes and when regular courts should hear cases involving contract validity.

Feb 28, 2005labor-lawbureau-of-labor-relationsintra-union-disputesgovernment-employeeslabor-codejurisprudence

Intra-Union Disputes: Jurisdiction Lies With the Bureau of Labor Relations

The Supreme Court clarifies that the Bureau of Labor Relations has exclusive jurisdiction over intra-union disputes, including elections of officers in government employee organizations.

Feb 28, 2005labor-lawillegal-dismissalseafarersvoluntary-resignationdue-processnlrc

Voluntary Resignation vs Illegal Dismissal: Protecting Seafarer Rights in Philippine Labor Law

When is a seafarer's sign-off voluntary resignation or illegal dismissal? The Supreme Court clarifies the rules on termination and due process.

Feb 24, 2005tenancyagrarian reformland reclassificationquitclaimdarabproperty law

Tenancy Rights vs Land Reclassification: Lessons from Esparagera v. J.Y. Realty

A quitclaim can end tenancy claims even if land classification is disputed. Learn the rules from this Philippine Supreme Court case.

Feb 23, 2005civil-law

Good Faith Builders Retention Rights AND Rental Entitlements

Feb 23, 2005judicial conductcode of judicial conductadministrative lawimproprietyjudgessupreme court

When a Judge's Private Act Crosses the Line: Lessons from Perez v. Costales

A judge's letter to university officials about his wife's cases was reprimanded for impropriety. Learn the boundaries of judicial conduct.

Feb 23, 2005judicial conductcode of judicial conductadministrative lawphilipino judgesappearance of impropriety

When a Judge Writes a Letter: Judicial Conduct and the Appearance of Impropriety

A judge's letter to university officials about his wife's criminal cases led to a reprimand. Learn the limits of judicial conduct.

Feb 23, 2005civil-procedureestate-settlementmotion-to-dismisspartitionheir-liabilityrule-16

Estate Claims and Heir Liability: Filing Requirements and Partition Validity

Learn how the Supreme Court clarified Rule 16 on motion to dismiss resolution, estate claims, and heir liability in Lu Ym v. Nabua.

Feb 23, 2005contributory negligencevehicle accidentsdamagesquasi-delictcivil lawphilippine supreme court

Contributory Negligence in Vehicle Accidents: How It Affects Damage Awards

Philippine Supreme Court explains how contributory negligence reduces damage awards in vehicle accidents, using the Lambert v. Heirs of Castillon case.

Feb 23, 2005gift taxdonor's taxpolitical contributionselection lawnirctaxation

Taxing Electoral Contributions: Clarifying Gift Tax Law in Philippine Elections

Supreme Court ruling that political contributions are taxable gifts under the NIRC, absent an express exemption.