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显示第 17209–17232 篇,共 24,858 篇文章

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Sep 7, 2004bailcriminal procedurecash bailsurety bondrule 114philippine law

Cash Bail vs Surety Bonds: Cancellation Rights Under Philippine Law

When can a cash bail be cancelled in the Philippines? The Supreme Court explains the key difference between cash deposits and surety bonds.

Sep 6, 2004quasi-delictnegligencecivil-procedurevehicular-accidentrules-of-courtinsurance

Supreme Court Upholds Quasi-Delict Liability in Vehicular Accident Case

SC affirms negligence ruling against driver and owner in vehicular accident, applying quasi-delict rules and rejecting factual re-examination.

Sep 6, 2004legal ethicscode of professional responsibilitydisbarmentlawyer disciplinesupreme court

Lawyer's Courtroom Conduct: Disbarred Attorney Fined PHP 155,000 for Disrespect

Supreme Court fines disbarred lawyer for disrespecting court personnel and disobeying IBP orders, clarifying penalties after disbarment.

Sep 3, 2004judicial accountabilityadministrative lawcode of judicial conductcase delaylegal ethics

Judicial Accountability: Balancing Efficiency and Fairness in Case Resolution

A look at how the Supreme Court balances a judge's duty to decide cases promptly against a prosecutor's duty not to abuse administrative complaints.

Sep 3, 2004donationscivil lawproperty lawarticle 749implied trustsupreme court

Void Donations: Absence of Public Instrument Nullifies Property Transfer Despite Intent

Philippine Supreme Court ruling on void oral donations of immovable property and the formal requirements under Article 749 of the Civil Code.

Sep 3, 2004judicial conductprosecutorial misconductadministrative caseslegal ethicscourt delays

Judicial Efficiency vs Prosecutorial Overreach: Balancing Justice and Accountability in Philippine Courts

A Supreme Court ruling sanctioned both a judge who delayed deciding cases and the prosecutor whose excessive complaints burdened the courts with baseless charges.

Sep 1, 2004criminal procedureprosecutiondepartment of justicewithdrawal of informationjudicial discretionprobable cause

Judicial Independence vs Executive Discretion in Criminal Prosecution: The Santos v. Orda Ruling

When may a court grant a prosecutor's motion to withdraw an information? The Supreme Court clarifies the limits of judicial deference to the DOJ.

Sep 1, 2004negligencecommon carrierquasi-delictinsurancetraffic law

Negligence in Highway Collisions: Bus Operator, Truck Owner, and Insurer Liabilities

Philippine Supreme Court ruling on negligence in a bus-truck collision, covering common carrier liability, truck owner responsibility, and insurer obligations.

Sep 1, 2004tax exemptionexport processing zonescustoms dutiespd 66pezatax refund

Tax Exemptions for Export Zones: Balancing Investment Incentives and Revenue Collection

Philippine Supreme Court ruling on tax exemptions for export zone enterprises under PD 66, clarifying refund rights for customs duties on supplies.

Sep 1, 2004labor-lawillegal-dismissalburden-of-prooftheftsecurity-of-tenuresubstantial-evidence

Burden of Proof in Illegal Dismissal: Employers Must Substantiate Theft Allegations

In illegal dismissal cases, employers bear the burden of proving just cause with clear and convincing evidence, not relying on weak employee defenses.

Aug 31, 2004labor-law

Habitual Tardiness IN Public Service Defining Limits AND Ensuring Accountability

Aug 31, 2004administrative-circular-no-5court-employeesbail-bondsadministrative-matterjudicial-integrityproperty-law

Court Employees Cannot Act as Insurance Agents or Facilitate Bail Bonds

Court personnel are barred from insurance-related work, including referring accused persons to bonding companies, to protect judicial integrity.

Aug 31, 2004labor lawhazard paypublic health workersra 7305government employeescoa

Hazard Pay Eligibility: Defining Public Health Workers Under Philippine Law

Supreme Court clarifies who qualifies as public health workers for hazard pay under RA 7305, using the GSIS case as example.

Aug 31, 2004labor-lawhabitual-tardinesscivil-servicepublic-servicesupreme-courtadministrative-case

Habitual Tardiness in Public Service: Defining the Boundaries of Excusable Lateness

Philippine Supreme Court ruling clarifies that health and traffic issues do not excuse habitual tardiness in government service.

Aug 31, 2004criminal procedurepreliminary investigationunlawful arrestdue processwarrantless arrestrules of court

Unlawful Arrest and the Right to Preliminary Investigation in Philippine Criminal Cases

When an arrest is unlawful, the accused gains the right to a full preliminary investigation, not merely an inquest. This article explains the rule.

Aug 31, 2004judicial ethicsadministrative circular no. 5court employeesbail bondadministrative liability

Court Employees Cannot Act as Insurance Agents: A Lesson in Judicial Ethics

The Supreme Court fined a process server for facilitating bail bonds through a surety company, reaffirming the ban on court employees engaging in insurance activities.

Aug 31, 2004property rightsbanking lawabuse of rightscivil codedepositor rightsbank security

Limits to Property Rights: Balancing Bank Security and Depositor Access

Philippine Supreme Court ruling on when a bank may bar a dismissed employee-depositor from its premises without abusing property rights.

Aug 31, 2004administrative lawdue processcivil servicesubstantial evidenceforum shoppingcsc

Due Process in Administrative Cases: What Velasquez v. Hernandez Teaches About Fair Hearing and Evidence

The Supreme Court clarifies due process and substantial evidence rules in administrative cases, reversing a Court of Appeals ruling that had nullified a CSC dismissal order.

Aug 31, 2004reconstitution of titlerepublic act no. 26torrens systemland registrationevidencecivil law

Reconstitution of Title: Proving Ownership and Loss Under RA 26

Philippine Supreme Court ruling on what evidence is required to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Aug 31, 2004civil-law

RES Judicata When Prior Judgments Prevent Relitigation IN Philippine LAW

Aug 31, 2004election-lawpremature-campaigningcomelecpolice-powernon-impairment-clauseomnibus-election-code

When Election Rules Override Commercial Contracts: The Chavez v. COMELEC Precedent

Can election rules force removal of product endorsements featuring a candidate? The Supreme Court says yes, explaining why.

Aug 31, 2004habitual tardinesscivil serviceadministrative casejudiciarypublic officepunctuality

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Legal Duty

The Supreme Court suspends a sheriff for habitual tardiness, stressing that court employees must strictly observe official time.

Aug 31, 2004legal ethicsforum shoppingdisbarmentcode of professional responsibilitysupreme court

Upholding Ethical Conduct: Disbarment Case Dismissed Despite Forum Shopping Finding

The Supreme Court clarifies that a final forum shopping finding does not automatically warrant disbarment without clear evidence of deceitful intent.

Aug 31, 2004civil serviceappointing authorityqualification standardspromotionadministrative law

Balancing Discretion and Qualification: Upholding the Appointing Authority in Civil Service

The Supreme Court affirms that appointing authorities have discretion in promotions, provided appointees meet qualification standards.