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Showing 289–312 of 849 articles for “authority”

Disqualification of Candidates: COMELEC’s Authority and Due Process Rights

The Supreme Court nullified COMELEC’s disqualification of a candidate, ruling the en banc acted without jurisdiction and violated due process.

Brokers Entitlement to Commission: The Efficient Procuring Cause in Real Estate Sales

Philippine Supreme Court ruling on when a real estate broker earns a commission, the efficient procuring cause rule, and written authority contracts.

School Discipline and Due Process: Balancing Rights in Fraternity Membership Cases

The Supreme Court clarifies due process standards in student discipline, affirming schools' authority to penalize fraternity membership.

Checks and Balances Upholding Presidential Authority to Remove Deputies Despite Ombudsman Independence

The Supreme Court upholds the President's power to discipline Deputy Ombudsmen and Special Prosecutors, balancing independence with accountability.

Parental Authority and Statutory Rape: A Father's Moral Influence as Force

The Supreme Court affirms a father's rape conviction, holding that parental moral ascendancy substitutes for force in incestuous rape cases.

Electoral Tribunals Authority Challenging A Legislators Qualifications After Proclamation

The Supreme Court clarifies that once a congressional candidate is proclaimed, only the HRET, not COMELEC, may rule on qualifications.

Electoral Jurisdiction: When COMELEC’s Authority Ends and HRET Begins

The Supreme Court clarifies the boundary between COMELEC and HRET jurisdiction over election disputes involving proclaimed congressmen.

Court Fines Utility Worker for Grave Misconduct Involving Court Documents

Utility worker fined P10,000 for grave misconduct after taking court records and DTRs without authority, highlighting accountability in the judiciary.

Navigating Legislative Inquiries Upholding Senate Authority IN Corporate Mismanagement Probes

Upholding Judicial Authority: Disciplinary Action for Sheriff's Insubordination

A sheriff's duty to execute writs is ministerial, but ignoring court directives constitutes gross insubordination, warranting disciplinary action.

When an Agent Exceeds Authority: Surety Bonds and the Limits of Apparent Authority

The Supreme Court clarifies when a principal is liable for an agent's unauthorized surety bond, and when third persons must verify authority.

The Limits of Judicial Review: Safeguarding Congressional Authority in Budget Allocations

A 2012 Supreme Court ruling on PDAF shows how courts respect congressional budget power and the limits of taxpayer suits.

Upholding Corporate Rights When a Mortgage Is Made Without Board Authority

A corporation can annul a mortgage executed by officers without board authority. The Supreme Court clarifies the rules on derivative suits and amendments.

Authority to Sue: Why Corporate Resolutions Matter in Forum Shopping Certifications

The Supreme Court explains why a corporation's complaint can be dismissed when the certification against forum shopping lacks proof of board authority.

Sheriff Fined for Overstepping Authority in Writ Implementation and Expense Handling

A sheriff who gave occupants three months to vacate, delayed reports, and took unapproved fees was fined P20,000 for neglect of duty and conduct unbecoming.

Travel Authority for Government Employees: Lessons from a Court Stenographer's Suspension

A court stenographer's suspension for traveling abroad without travel authority and concealing it in her leave application offers key lessons for government employees.

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Mortgage in Bad Faith: Protecting Co-Owner Rights in Real Estate Transactions

When a co-owner mortgages shared property without authority, the mortgage binds only that co-owner's share if the lender fails due diligence.

Apparent Authority and Escalation Agreements in Construction Disputes: The Philippine Realty Case

When does a construction manager's signature bind the owner? The Supreme Court explains apparent authority and escalation agreements.

When Parental Authority Turns to Abuse: Examining the Crime of Qualified Statutory Rape

The Supreme Court clarifies the distinction between simple and qualified statutory rape, emphasizing the need for precise allegations in criminal informations.

Upholding Judicial Integrity When Court Employees Abuse Authority

When trial courts blindly follow prosecutors, they abdicate judicial duty. The Supreme Court explains why double jeopardy did not attach.

Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases

The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.

Construction Arbitration in the Philippines: Why CIAC Jurisdiction Is Broad and Binding

Philippine Supreme Court clarifies CIAC's broad jurisdiction over construction disputes, explaining why arbitration clauses vest exclusive authority regardless of contract restrictions.

Docket Fees and Jurisdiction: A Court's Authority Hinges on Proper Payment

The Supreme Court clarifies that proper payment of docket fees is jurisdictional—a court cannot acquire authority over a case without it.