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显示第 17137–17160 篇,共 24,858 篇文章

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Sep 30, 2004judicial retirementspecial allowance for judiciarygeneral fundra 9227government budgetingadministrative law

Funding Source for Judicial Retirement Benefits: General Fund vs Special Allowance Fund

The Supreme Court clarifies that retirement benefits of justices and judges, including amounts based on special allowances, must be sourced from the General Fund.

Sep 30, 2004criminal-law

Challenging Drug Possession Convictions Ensuring Constitutional Rights During Search AND Seizure

Sep 30, 2004conjugal propertyfamily codecivil codevoid contractsproperty lawspecific performance

Conjugal Property Sale Without Spouse's Consent Is Void: Key Ruling

Supreme Court explains when a sale of conjugal property without the other spouse's consent is void, and why a mere option to buy is not enforceable.

Sep 29, 2004criminal-law

Sandiganbayans Premature Acquittal DUE Process AND THE Limits OF Judicial Discretion

Sep 29, 2004ombudsmananti-graftra-3019grave-abuse-of-discretioncertiorarimandamus

Ombudsman's Discretion in Dismissing Graft Complaints: Samson v. Ombudsman

When can courts overturn the Ombudsman's dismissal of an anti-graft complaint? The Supreme Court explains the limits of judicial review.

Sep 29, 2004criminal lawconstructive possessionillegal drugscomprehensive dangerous drugs actphilippine jurisprudence

Shared Residence Shared Responsibility Understanding Constructive Possession in Drug Cases

Learn how Philippine courts determine constructive possession of illegal drugs when multiple people share a residence, and the legal standards involved.

Sep 29, 2004contract-lawimplied-contractsburden-of-proofsupreme-courtphilippine-lawombudsman

When Silence Speaks: Implied Contracts and the Burden of Proof in Business Deals

The Supreme Court clarifies that implied contracts require clear evidence, not mere suspicion, in disputes over business transactions.

Sep 29, 2004ombudsmangraftprobable causeadministrative lawcertiorarimandamus

When the Ombudsman Dismisses a Graft Complaint: The Limits of Judicial Review

Explore Samson v. Ombudsman, where the Court upheld the Ombudsman's dismissal of a graft complaint for lack of probable cause, clarifying the limits of certiorari and mandamus.

Sep 29, 2004cable televisionntclocal governmentadministrative lawderegulationtelecommunications

Cable TV Rates: NTC Has Exclusive Power Over Local Government Authority

Supreme Court ruling on whether local governments can regulate cable TV subscriber rates, clarifying NTC's exclusive authority.

Sep 29, 2004qualified raperapeanti-rape lawra 8353incestcriminal law

Rape by a Parent: When Sexual Abuse Severs the Bonds of Trust

The Supreme Court affirms the death penalty for a father who raped his 11-year-old daughter, ruling on qualified rape and guilty pleas.

Sep 27, 2004administrative lawnegligencepublic trustdisbursementgovernment fundscivil service

Upholding Public Trust: Negligence in Disbursement of Funds Despite Restitution

A Supreme Court cashier's restitution did not erase his administrative liability for simple neglect of duty in releasing funds without proper identification.

Sep 27, 2004contract-lawrescissionreal-estatemaceda-lawinstallment-salesproperty-rights

When Payment Defaults Threaten Property Rights: Understanding Rescission in Real Estate Sales

A buyer's failure to pay the full purchase price can lead to contract rescission, even after years of partial payments. Learn the rules.

Sep 27, 2004administrative-lawneglect-of-dutysubstantial-evidencepublic-servantscivil-servicesupreme-court

Neglect of Duty Requires Substantial Evidence: Protecting Public Servants From Unsubstantiated Claims

The Supreme Court clarifies that administrative liability for neglect of duty demands substantial evidence, not mere allegations or speculation.

Sep 27, 2004social securitydisability benefitsemployees compensationlabor lawprocedural rulessocial justice

Converting Partial to Total Disability Benefits: When Procedural Rules Yield to Substantial Justice

Learn when SSS disability benefits can be converted from partial to total, and when procedural rules yield to social justice.

Sep 27, 2004labor lawnlrcappeal periodillegal dismissalprocedural rules

Supreme Court Reinstates NLRC Ruling on Belated Labor Appeal: Timeliness Matters

SC ruling clarifies that belated appeals to the NLRC cannot be excused by mere merit arguments, reaffirming strict procedural rules.

Sep 27, 2004local autonomyliga ng mga barangaydilgsupervisioncontrollocal government

Supervision vs. Control: Safeguarding Local Autonomy in the Liga ng mga Barangay

The Supreme Court clarifies the line between supervision and control over the Liga ng mga Barangay, protecting local autonomy.

Sep 27, 2004administrative lawneglect of dutypublic officerssupreme courtcivil service

Simple Neglect of Duty: When Withdrawal of an Administrative Complaint Does Not End Liability

The Supreme Court clarifies that withdrawal of an administrative complaint does not erase liability for simple neglect of duty by public officers.

Sep 27, 2004civil-law

RES Judicata Prevails When A Prior Judgment ON CO Ownership Blocks A Claim OF Illicit Relationship

Sep 27, 2004bouncing checks lawcriminal lawuncontrollable fearstate of necessitynegotiable instruments

Bouncing Checks Law: When Fear and Necessity Do Not Excuse Issuing Bad Checks

The Supreme Court clarifies when uncontrollable fear and state of necessity cannot excuse liability under the Bouncing Checks Law.

Sep 26, 2004election lawthree-term limitlocal officialscomelecconstitutional law

Three-Term Limit for Local Officials: When an Election Loss Resets the Clock

Election loss interrupts an official's service and resets the three-term limit, as clarified by the Supreme Court in Adormeo v. COMELEC.

Sep 24, 2004forum shoppingappellate jurisdictionlitis pendentiacivil procedurerule 45rule 41

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Sep 24, 2004civil-procedurecourt-deadlinesextension-of-timerules-of-courtsupreme-court

How Court Deadlines and Extensions Are Computed: The Luz Rule

The Supreme Court clarifies how extensions of time are counted in Philippine courts, and when liberal interpretation may save a late filing.

Sep 24, 2004contract-lawsalepropertyobligationscivil-codephilippine-law

Contract of Sale vs Contract to Sell: Clarifying Obligations in Property Transactions

Philippine Supreme Court clarifies distinctions between contract of sale and contract to sell, and their impact on property rights and obligations.

Sep 24, 2004criminal lawself-defenseaccidentexempting circumstancerevised penal codehomicide

Accidental Harm vs Self-Defense: When Can You Claim Innocence in the Philippines

Philippine Supreme Court clarifies when accident or self-defense excuses criminal liability, and why switching defenses on appeal fails.