The filing of an administrative complaint is not the proper remedy for...
See - October 2013 Philippine Supreme Court Decisions on Legal and Judicial Ethics | LEXOTERICA: A PHILIPPINE BLAWG"x x x.Judge; Remedy for Correcting Actions of Judge. A complaint for gross ignorance...
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US experience. - A Civil Justice System With No Trials.
See - A Civil Justice System With No Trials"x x x.“The steady erosion of the American trial is our dirty little secret.”The steady erosion of the American trial is our dirty little secret. A majority...
View ArticleThe Local Government Code establishes the duties of national government...
See - G.R. No. 196870"x x x.Lack of prior public consultationThe Local Government Code establishes the duties of national government agencies in the maintenance of ecological balance, and requires them...
View ArticleEnvironmental laws vis-a-vis reclamation projects. - G.R. No. 196870
See - G.R. No. 196870"x x x.Nature of the projectThe first question must be answered by respondent DENR-EMB RVI as the agency with the expertise and authority to state whether this is a new project,...
View ArticleApplicability of the rule on exhaustion of administrative remedies - G.R. No....
See - G.R. No. 196870"x x x.We do not agree with respondents’ appreciation of the applicability of the rule on exhaustion of administrative remedies in this case. We are reminded of our ruling in...
View ArticleThe contents of the two resolutions submitted by respondent Province do not...
See - G.R. No. 196870"x x x.On the issue of whether or not the Petition should be dismissed for having been rendered moot and academicRespondent Province claims in its Manifestation and Motion filed on...
View ArticleLoss of earning capacity; formula - Smith Bell Dodwell Shipping Agency Corp...
See - Smith Bell Dodwell Shipping Agency Corp vs Borja : 143008 : June 10, 2002 : J. Panganiban : Third Division"x x x.Second Issue:Amount of LiabilityPetitioner insists that Borja is not entitled to...
View ArticleQuasi delict; negligence - Smith Bell Dodwell Shipping Agency Corp vs Borja :...
See - Smith Bell Dodwell Shipping Agency Corp vs Borja : 143008 : June 10, 2002 : J. Panganiban : Third Division"x x x.Negligence is conduct that creates undue risk of harm to another. It is the...
View Article"Law of the case" doctrine; when applicable - G.R. No. 153809
See - G.R. No. 153809"x x x.Before proceeding to the discussion on why the petitioner’s contentions fail to convince, it is appropriate to restate here the law of the case doctrine in light of...
View ArticleSection 27 of Republic Act No. 6770 (The Ombudsman Act) -Effectivity and...
See - http://sc.judiciary.gov.ph/jurisprudence/2011/july2011/153809.htm"x x x.On a procedural note, the assailed ruling of the Ombudsman obviously possesses the character of finality and, thus, not...
View ArticleReinstatement. An employee who is unjustly dismissed from work shall be...
See - http://sc.judiciary.gov.ph/jurisprudence/2005/may2005/158759.htm"x x x.Article 279 of the Labor Code provides the law on reinstatement, viz.:Article 279. Security of Tenure. -- In cases of...
View ArticleBurden of proof; he who asserts, not he who denies, must prove.
See - http://sc.judiciary.gov.ph/jurisprudence/2003/apr2003/150179.htm"x x x.There is fraud when, through the insidious words or machinations of one of the contracting parties, the other is induced to...
View ArticleIt was held that one of the requisites of a valid contract under Article 1318...
See - http://sc.judiciary.gov.ph/jurisprudence/2003/apr2003/150179.htm"x x x.Anent the Deed of Extra-judicial Partition, we find that the same is void ab initio and not merely unenforceable. InDelos...
View ArticleJudicial review; Hierarchy of courts; - The Constitution vests the power of...
See - http://sc.judiciary.gov.ph/jurisprudence/2011/october2011/156556-57.htm"x xx.Before anything else, this Court shall first tackle whether it was proper for petitioner to directly question the...
View ArticleRule against double compensation in govt service.
See - http://sc.judiciary.gov.ph/jurisprudence/2011/october2011/156556-57.htm"x x x.Validity of Sections 11, 48, and 52 of RA 9136 Petitioner argues that Sections 11,[27] 48,[28] and 52[29] of...
View ArticleThis Court, however, has adopted a liberal attitude on the locus standi of a...
See - http://sc.judiciary.gov.ph/jurisprudence/2012/october2012/192088.pdf"x x x.“Legal standing” or locus standi has been defined as a personal and substantial interest in the case such that the party...
View ArticleThe right of the people to information on matters of public concern shall be...
See - http://sc.judiciary.gov.ph/jurisprudence/2012/october2012/192088.pdf"x x x.Violation of Right to Information The people’s right to information is provided in Section 7, Article III of the...
View ArticlePower of Ombudsman to represent the People on appeal in certain cases; RA 8249.
"The procedure prescribed in Batas Pambansa Blg. 129, as well as the implementing rules that the Supreme Court has promulgated and may hereafter promulgate, relative to appeals/petitions for review to...
View ArticleRestrictive interpretation given to the term "transaction" as used in Section...
“xxx. On the contrary, in the later ruling in Merencillo v. People, 85 promulgated in 2007, the Court reiterated the restrictive interpretation given in Soriano, Jr. to the term transaction as used in...
View ArticleSpeedy trial; inordinate/oppressive delay by Ombudsman.
“Upon its finding that the Office of the Ombudsman had incurred inordinate delay in resolving the complaint Cong. Jimenez had brought against the respondents, the Sandiganbayan dismissed Criminal Case...
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