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显示第 16969–16992 篇,共 24,858 篇文章

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Nov 25, 2004notarial lawjudges as notariesevidence admissibilitydeed of salecivil lawsupreme court

When Judges Cannot Notarize Documents: Limits on Notarial Authority and Admissibility in Philippine Law

Supreme Court clarifies when judges may notarize documents, why invalid notarization affects admissibility, and what makes a deed private.

Nov 25, 2004labor-lawillegal-dismissalseparation-paybackwagesterminationphilippine-supreme-court

When Economic Hardship Doesnt Justify Termination: Separation Pay Rights

Philippine Supreme Court ruling on illegal dismissal, separation pay, and backwages when economic hardship is not a valid cause for termination.

Nov 25, 2004civil-lawsalesreal-actionsrecovery-of-propertyspecific-performancesupreme-court

Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law

When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.

Nov 25, 2004qualified theftestafabank tellercriminal lawrevised penal codepossession

Qualified Theft vs Estafa: Defining Possession in Bank Teller Cases

When does a bank teller's misappropriation of funds constitute qualified theft rather than estafa? The Supreme Court clarifies the key distinction.

Nov 25, 2004defamationfair commentfreedom of speechpolitical campaignslibelconstitutional law

Fair Comment vs Defamation: Protecting Free Speech in Political Campaigns

The Supreme Court explains when critical articles about political candidates are protected fair comment, not libel.

Nov 25, 2004constructive-dismissallabor-lawsecurity-agencyreassignmentmanagement-prerogativeillegal-dismissal

Constructive Dismissal: The Employer's Duty to Offer Reasonable Assignments

When a security guard was left without assignments for months after his post ended, the Supreme Court ruled this constituted constructive dismissal.

Nov 25, 2004administrative lawlegal ethicscode of professional responsibilityintegrated bar of the philippinesdisciplinary actioncourt orders

Court Orders Are Not Requests: Disciplinary Action for Lawyers Who Disregard Them

A lawyer's failure to obey court and IBP orders is disrespect for the judiciary and can draw disciplinary sanctions.

Nov 25, 2004civil-proceduresubstantial-compliancerule-42court-of-appealspetition-for-reviewprocedural-rules

Substantial Compliance Prevails When Technicalities Give Way to Justice in Appellate Procedure

SC rules substantial compliance with Rule 42 requirements suffices; cases should be decided on merits, not technicalities.

Nov 25, 2004fiscal autonomycommission on human rightsdepartment of budget and managementsalary standardization lawplantilla positionsadministrative law

CHR Fiscal Autonomy: DBM Approval Needed for Staffing Changes

Supreme Court rules CHR lacks fiscal autonomy and cannot upgrade or create positions without DBM approval under the Salary Standardization Law.

Nov 25, 2004civil servicepublic teachersmass actionstrikeconduct prejudicialadministrative liability

Mass Actions by Government Teachers: When Peaceful Assembly Becomes an Offense

Public school teachers who joined mass actions in 1990 were held liable for conduct prejudicial to the best interest of the service. The Supreme Court explains why.

Nov 25, 2004constructive-dismissallabor-lawmanagement-prerogativeunfair-labor-practicequitclaimunion-busting

Constructive Dismissal: When a Work Reduction Becomes Unfair Labor Practice

When does reducing workdays become constructive dismissal? The Supreme Court explains in Unicorn Safety Glass v. Basarte.

Nov 25, 2004regional autonomyarmmmuslim mindanaoconstitutional lawdevolutionsupreme court

Upholding Regional Autonomy National Laws Must Respect Powers of Muslim Mindanao

The Supreme Court affirms that national laws cannot override ARMM autonomy, striking down a law that encroached on devolved powers.

Nov 25, 2004leasetacita reconduccionejectmentcivil lawurban land reformnotice to vacate

When an Expired Lease Becomes Month-to-Month: The TISA v. Tagbilaran Women's Club Ruling

Understand when an expired lease becomes an implied month-to-month contract, and how a notice to vacate ends it, under Philippine law.

Nov 25, 2004judicial efficiencyadministrative lawsupreme courtretirement benefitscase delay

Judicial Efficiency vs Extenuating Circumstances: Releasing Retirement Benefits Despite Delays

The Supreme Court dismissed a gross inefficiency complaint against a retiring judge, ruling that heavy caseloads and lack of personnel can excuse delays in deciding cases.

Nov 24, 2004eminent domainlocal governmentwrit of possessionexpropriationsocialized housing

LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi

When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.

Nov 24, 2004administrative-lawsupreme-courtdbmjudges-benefitsra-910separation-of-powers

Supreme Court: DBM Must Implement Judicial Rulings on Judges' Benefits

The Supreme Court directs DBM to release disability benefits to judges' heirs, affirming that judicial interpretation of law is final and binding.

Nov 24, 2004labor-lawcorporate-dissolutioncorporation-codeovertime-paynlrcpepsi-cola

Corporate Dissolution and Labor Claims: Can a Company Evade Its Obligations?

A dissolved corporation remains liable for labor claims within three years of dissolution. Learn what Pepsi-Cola v. CA means for workers.

Nov 24, 2004civil procedurereal party in interestrule 45supreme courtappealsproperty law

Proper Parties in Appeals: Identifying the Real Party in Interest

Philippine Supreme Court clarifies who must be named as respondents in appeals, emphasizing the real party-in-interest rule under Rule 45.

Nov 23, 2004injunctioncivil procedurejudicial ethicsrule 58territorial jurisdiction

Judicial Overreach: The Limits of Injunction Power in Philippine Courts

A Supreme Court ruling on a judge's void writ of injunction clarifies the territorial and procedural limits of injunctive relief in the Philippines.

Nov 23, 2004forum shoppingcorporate representationverificationcivil proceduresupreme courtpetition for certiorari

Forum Shopping Certification and Corporate Representation: A Philippine Supreme Court Guide

Learn the Philippine Supreme Court's rules on forum shopping certifications, corporate representation, and who must sign pleadings to avoid dismissal.

Nov 23, 2004legal ethicscode of professional responsibilityattorney misconductclient fundslabor codedisbarment

Integrity in Public Service: Disciplining Dishonest Timekeeping in the Judiciary

A lawyer's duty to account for client funds is absolute. This case shows the consequences of breach.

Nov 23, 2004jurisdictionhlurbreal-estate-lawaccion-publicianasubdivision-lotsupreme-court

When Real Estate Disputes Belong in Regular Courts, Not HLURB

The Supreme Court clarifies when a lot sale dispute falls under regular court jurisdiction rather than HLURB's exclusive authority.

Nov 23, 2004legal ethicsattorney suspensionclient fundscode of professional responsibilitylabor codeprofessional misconduct

Attorney Suspended for Misconduct Involving Client Funds and Dishonored Checks

A lawyer's one-year suspension for withholding client settlement funds and violating trust obligations under Canon 16 of the CPR.

Nov 23, 2004legal-ethics

Accountability IN Judiciary Judge Fined FOR Neglect OF Duty AND Falsifying Certificates