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显示第 17113–17136 篇,共 24,858 篇文章

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Oct 13, 2004implied trustreconveyanceattorney's feesfamily disputescivil lawproperty law

Implied Trust and Reconveyance: When a Lawyer Holds Property for a Brother's Heirs

The Supreme Court explains when a lawyer holds property in implied trust for family, and why laches did not bar the claim.

Oct 13, 2004eminent domaindue processexpropriationproperty rightslocal governmentsocialized housing

Eminent Domain and Due Process: Protecting Property Rights in Expropriation Cases

The Supreme Court nullified Cebu City's expropriation ordinance, reaffirming that due process and strict legal compliance limit local governments' power of eminent domain.

Oct 12, 2004criminal-law

Discretion VS Mandate Determining Trial Schedules IN High Profile Cases

Oct 11, 2004administrative lawcourt personnelsmoking banvapingrule 140supreme court

Court Personnel Smoking or Vaping in Court Premises: A Less Serious Offense

The Supreme Court holds court personnel liable for smoking or vaping within court premises, imposing fines under Rule 140.

Oct 7, 2004legal ethicscandorattorney disciplinecode of professional responsibilitymisleading the courtattorney's fees

Truth and Candor in Legal Practice: Disciplining Lawyers for Misleading the Court

A lawyer's duty of candor to courts is absolute. Learn how misleading statements led to suspension in this Philippine case.

Oct 7, 2004forum shoppingcertificationcivil proceduresupreme courtlitigation

Certification Against Forum Shopping: Who Must Sign and Why It Matters

Learn who must sign the certification against forum shopping in Philippine cases, and why a defective signature can get a case dismissed.

Oct 7, 2004property-lawcontract-to-selloption-to-purchasecivil-codeforeclosuresupreme-court

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

Oct 7, 2004criminal-law

Judicial Employee Dismissal Extortion Attempts AND Breach OF Public Trust

Oct 6, 2004reckless imprudencevehicular accidentproximate causecriminal lawdamagesnegligence

Reckless Imprudence and Vehicular Accidents: Proximate Cause in Philippine Criminal Law

How the Supreme Court determines proximate cause in reckless imprudence vehicular accident cases, explained through Gabriel v. Court of Appeals.

Oct 6, 2004labor-lawsssproject-employeesregular-employeesemployer-obligationssocial-security

Regular vs Project Employees: SSS Coverage and Employer Obligations

Philippine Supreme Court clarifies that project employees are still covered by compulsory SSS, and employers must remit contributions regardless of tenure.

Oct 6, 2004labor-lawhabitual-tardinesscivil-servicesupreme-courtemployee-discipline

Habitual Tardiness in the Workplace: When Excuses Don't Excuse Accountability

Philippine Supreme Court ruling on habitual tardiness, pregnancy as an excuse, and penalties under Civil Service rules.

Oct 5, 2004notarial lawlegal ethicsadministrative lawcode of professional responsibilitysupreme court

Upholding Notarial Duties Accuracy and Diligence in Legal Documentation

A lawyer-notary's failure to observe notarial formalities draws administrative sanctions, even without deceit. Learn the mandatory rules from this Philippine Supreme Court case.

Oct 4, 2004land registrationproperty lawtracing cloth planpd 1529public land acttorrens system

Land Registration: Blueprint Plan Can Substitute for Tracing Cloth

Supreme Court clarifies that a certified blueprint plan can sufficiently identify land for registration, reversing the Court of Appeals' strict ruling.

Oct 4, 2004labor-lawterminationjust-causehabitual-neglectseparation-paysupreme-court

Habitual Neglect of Duty Is Just Cause for Termination Despite Mitigating Factors

Philippine Supreme Court ruling on when habitual neglect of duty justifies dismissal, and when mitigating factors cannot save an employee.

Oct 1, 2004criminal-law

Good Faith AS A Defense Acquittal IN Estafa DUE TO Lack OF Deceit

Oct 1, 2004prescriptionmortgage foreclosurebank receivershipcivil lawextrajudicial demand

When Bank Receivership Does Not Stop Prescription on Mortgage Foreclosure

A bank's receivership does not automatically suspend the prescriptive period for foreclosing a mortgage, the Supreme Court ruled.

Oct 1, 2004agrarian reformdarabjurisdictionrecovery of possessioncivil procedurertc

Agrarian Dispute vs Recovery of Possession: Defining DARAB Jurisdiction

When does DARAB have exclusive jurisdiction over agricultural land cases? The Supreme Court clarifies the distinction between agrarian disputes and ordinary recovery of possession actions.

Sep 30, 2004labor-law

Dismissal OF Labor Disputes THE Importance OF Procedural Compliance AND Binding Agreements

Sep 30, 2004constitutional-law

Judicial Conduct Limits ON Contempt Power AND Ensuring Fair Courtroom Demeanor

Sep 30, 2004forum shoppingdue processcivil proceduremotion for reconsiderationcourt of appealsspecific performance

Forum Shopping and Due Process: When Technical Dismissal Crosses the Line

The Supreme Court clarifies forum shopping elements and warns against rigid technicality that denies substantive justice.

Sep 30, 2004sheriffswrit of executionadministrative lawpublic auctioncertificate of salejudicial ethics

Sheriff’s Duty and Accountability in Implementing Writs of Execution and Handling Funds

A sheriff’s duty to execute writs is ministerial, but prudence is required when third-party claims arise. The Court warns against negligence.

Sep 30, 2004ejectmentproperty rightsarticle 448family disputeunlawful detainercivil code

Parental Love vs Property Rights: When Family Land Disputes Reach Court

A Supreme Court ruling on ejectment between parents and children, and when a builder in good faith may claim indemnity for improvements under Article 448.

Sep 30, 2004administrative lawjudicial ethicsgross inefficiencycourt managementjudgescode of judicial conduct

Judges Must Control Court Proceedings and Resolve Cases Promptly: A Lesson from A.M. No. 03-10-250-MCTC

A Supreme Court ruling reminds judges they cannot delegate control of court proceedings to clerks or litigants, and must resolve cases promptly.

Sep 30, 2004habitual tardinesscivil serviceadministrative casepublic servicesupreme courtlabor law

Upholding Work Ethic Consequences for Habitual Tardiness in Public Service

Philippine Supreme Court ruling on habitual tardiness in public service, penalties, and why family excuses don't excuse chronic lateness.