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Showing 265–288 of 614 articles for “heir”

Executive Judge Powers: Limits on Reassigning Court Personnel to Other Roles

Philippine Supreme Court clarifies that executive judges cannot indefinitely reassign court personnel to duties outside their job description.

When Quitclaims and Waivers Over Agrarian Land Are Void: Lessons from Lebrudo v. Loyola

Philippine Supreme Court explains when waivers over agrarian reform land are void, protecting farmer-beneficiaries from losing their awarded property.

Upholding Judicial Dignity: Balancing Free Speech and Respect for Courts in Legal Commentary

How the Supreme Court disciplined UP Law professors for intemperate statements, balancing lawyers' free speech with their duty to uphold judicial dignity.

Facilities vs Supplements in Wage Disputes: Key Distinctions Under Philippine Labor Law

Philippine Supreme Court clarifies the legal distinction between facilities and supplements in computing wages, and when employers may deduct their value.

Attorney's Fees for Administrators Who Also Serve as Counsel in Estate Disputes

A lawyer-administrator may recover attorney's fees for representing the sole heir in a will contest, separate from his compensation as administrator of the estate.

Limits of Executive Judge Authority: Avoiding Gross Ignorance of the Law

Philippine Supreme Court ruling on judges who acted on cases outside their jurisdiction, and the limits of executive judge authority.

Security of Tenure: Understanding Agricultural Tenancy Rights in the Philippines

The Supreme Court clarifies the essential elements of agricultural tenancy and security of tenure in Heirs of Barredo v. Besañes.

Clerk of Court Dismissed for Mishandling Court Funds: A Lesson in Accountability

The Supreme Court ruled on the severe consequences for clerks of court who mishandle judiciary funds, emphasizing their duty as custodians of public money.

Corporate Officers and Labor Jurisdiction: Lessons from Locsin v. Nissan Lease

The Supreme Court clarifies that corporate officers cannot claim illegal dismissal before labor tribunals; their removal is an intra-corporate dispute.

Just Compensation Under CARP: Courts Must Follow DAR Valuation Formula

Supreme Court clarifies that courts determining just compensation under CARP must strictly apply the DAR valuation formula, not substitute their own methods.

Prescription in Estate Settlement: Heirs' Rights and Time Limits Explained

Philippine Supreme Court ruling on prescription periods for heirs contesting extrajudicial estate settlements, fraud discovery, and time limits.

Preliminary Injunctions in Ejectment Cases: When Immediate Execution Yields to Equity

The Supreme Court clarifies when appellate courts may issue preliminary injunctions to stay execution of ejectment judgments despite their immediate executory nature.

Buyers Can Suspend Payments When Title Is Clouded: Daleon v. Tan

When a property's title is clouded by an adverse claim, buyers may stop paying installments without risking forfeiture of their downpayment.

Bank Negligence and Crossed Checks: Protecting Payees in Financial Transactions

When banks accept crossed checks without proper indorsement, they breach their duty of extraordinary diligence to the payee.

Security of Tenure Prevails: Tenant Rights in Agricultural Land Reform

Supreme Court affirms tenant security of tenure under agrarian reform, voiding landowner's attempt to dispossess farmer-beneficiaries of their landholding.

Upholding Compromise Agreements: When Can a Party Avoid Their Obligations

The Supreme Court clarifies when compromise agreements bind parties, and when courts may reduce unconscionable interest rates.

Breach of Trust: When Banks Overstep Their Authority Over Depositor Accounts

Philippine Supreme Court ruling on bank liability for unauthorized deductions from depositor accounts and the fiduciary duty of banks.

Neglect of Duty in Public Service: When Personal Concerns Must Yield to Public Welfare

A Supreme Court ruling on a Davao City health officer who skipped a bombing emergency shows how gross neglect of duty can cost a public servant their job.

Estate Administration Prioritizing Family Ties Over Illegitimacy in Heir Selection

Supreme Court rules on appointing administrators, weighing family ties and adoption over illegitimacy bars in estate cases.

Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights

Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.

Authority to Sue Corporations Must Prove Representation in Court

Philippine Supreme Court clarifies that corporate plaintiffs must prove their representative's authority to sue, or risk dismissal of their case.

Municipal Immunity vs Contractual Obligations: Balancing Public Interest and Private Rights

Supreme Court clarifies when local governments can be sued on contracts and why their properties remain protected from attachment.

Reassignment and RATA: When Government Employees Keep Their Allowance

The Supreme Court clarifies when a reassigned local government employee may continue receiving RATA, balancing administrative authority with employee rights.

Inventory of Estate: Donated Property Must Be Included for Collation Among Heirs

Supreme Court rules donated property must be included in estate inventory for collation, even if the deed was not notarized or registered.