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Showing 2905–2928 of 5,118 articles for “ict”

Tolerance Ends Unlawful Detainer AND Property Rights IN THE Philippines

When does tolerated possession become unlawful detainer? The Supreme Court clarifies the rules on jurisdiction, demand, and ownership claims.

Faculty Rights VS University Policies Resolving Conflicts IN Employment Status AND Teaching Load

Execution of Judgment in Intra-Corporate Disputes: Ensuring Compliance with Dispositive Portions

The Supreme Court clarifies that execution of judgment must strictly follow the dispositive portion, ensuring compliance in intra-corporate disputes.

Breach of Parental Trust: Rape of a Minor and the Abolition of the Death Penalty

The Supreme Court affirms a father's qualified rape conviction but reduces the death penalty to reclusion perpetua under R.A. 9346.

Rape in the Victim's Home: When Dwelling Aggravates the Crime

Philippine Supreme Court explains when "dwelling" aggravates rape, and how RA 9346 changed the penalty from death to reclusion perpetua.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.

Repatriation and Citizenship: Strict Requirements for Reacquiring Filipino Citizenship

Philippine Supreme Court clarifies strict requirements for repatriation under RA 8171, including political or economic necessity and proper procedure.

Tenancy vs Ownership: When Claiming the Land Defeats Tenant Status

Supreme Court clarifies when a person cannot claim both tenancy and ownership over agricultural land, and which court has jurisdiction.

Upholding Arbitral Jurisdiction: The Supreme Court's Stance on Construction Disputes and Judicial Injunctions

The Supreme Court clarifies that CIAC has exclusive jurisdiction over construction disputes, and courts must defer to arbitration proceedings.

Court Division Jurisdiction Over Execution of Final Labor Decisions

Supreme Court nullifies CA ruling on labor award computation, holding only the division that decided the case may resolve execution disputes.

Beyond Boundaries: How Erroneous Land Awards Undermine Property Rights and Due Process

When a buyer is evicted from purchased land, the proper remedy is warranty against eviction—not specific performance. This case explains why.

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.

Probation and Electoral Eligibility: Resolving Conflicts Between the Probation Law and Local Government Code

The Supreme Court clarifies that probationers who have not served their sentence are not disqualified from running for local office under the Local Government Code.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Breach of Construction Contract: Who Has Jurisdiction Over Disputes

Learn when the CIAC has exclusive jurisdiction over construction contract disputes and why courts must defer to arbitration clauses.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Judicial Approval of Compromise Agreements: Enforcement and Jurisdiction

When a court approves a compromise agreement, it becomes a judgment enforceable by execution in the same case, not by a new lawsuit.

Navigating Corporate Disputes Jurisdiction AND Procedural Pitfalls IN Philippine LAW

Learn how Philippine courts handle jurisdiction and procedural errors in corporate disputes, with key takeaways from a recent Supreme Court ruling.

Substantial Compliance in Procedure and Jurisdiction Shifts in Intra-Corporate Disputes

Explaining Suzuki v. De Guzman on procedural rules, substantial compliance, and the transfer of intra-corporate jurisdiction from SEC to RTCs.

Land Registration in the Philippines: The Critical Role of Publication

Why publication in the Official Gazette is a non-negotiable jurisdictional requirement in Philippine land registration and cadastral cases.