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Showing 6937–6960 of 25,409 articles

Mining Rights: Exhaustion of Administrative Remedies and DENR Secretary Authority

Philippine Supreme Court clarifies that DENR Secretary's approval of mining agreements is administrative, not quasi-judicial, requiring exhaustion of administrative remedies.

Mining Rights: Exhaustion of Administrative Remedies and the DENR Secretary's Authority

The Supreme Court clarifies when courts can review mining disputes, the DENR Secretary's administrative powers, and the need to exhaust remedies.

Security of Tenure: Landowner Must Prove Grounds for Tenant Eviction Under Agrarian Reform Law

The Supreme Court clarifies that landowners bear the burden of proving lawful grounds for tenant eviction, and unlawful lease rentals cannot justify dispossession.

Untimely Filing Dooms VAT Refund Claim Navigating Jurisdictional Deadlines IN TAX Appeals

Attorney Disqualification: The Limits of Contingency Fees and Conflicts of Interest

Philippine Supreme Court ruling on lawyers acquiring client property during litigation, void contracts, and contingency fee limits.

Preliminary Injunction Preserving the Status Quo in Property Disputes

The Supreme Court clarifies when a preliminary injunction may issue in property disputes, emphasizing the need to preserve the status quo and the limits of such relief.

Substitution of Parties: Due Process Prevails Despite Procedural Lapses in Estate Cases

Philippine Supreme Court rules that failure to formally substitute deceased parties is not fatal when heirs actively participate in the case.

Substitution of Heirs and Due Process in Continuing Litigation After a Party's Death

Philippine Supreme Court clarifies when failure to formally substitute deceased parties does not violate due process in ongoing civil cases.

BSP Can Use Private Counsel: Supreme Court Clarifies Jurisdiction and Representation Rules

Supreme Court rules on BSP's authority to engage private counsel and RTC jurisdiction over real property disputes.

Trial Court Discretion and Fair Trial: Nullifying Pre-Trial Proceedings

Supreme Court clarifies when a trial court may nullify pre-trial proceedings and the limits of judicial discretion in criminal cases.

Land Conveyance and Public Land Act Alienation Restrictions: A Guide to Reconveyance

Learn how the Public Land Act's five-year ban on selling free patent land affects property sales and reconveyance actions in the Philippines.

BSP Authority to Engage Private Counsel and Jurisdiction in Legal Proceedings

Supreme Court clarifies BSP's power to hire private counsel and RTC jurisdiction over real property cases involving assessed value.

Incomplete Self-Defense: When a Knife Is Not a Reasonable Means in Homicide Cases

The Supreme Court explains when a knife against a belt buckle fails the "reasonable necessity" test for incomplete self-defense in homicide.

Voiding Land Sales Under Free Patent: The Five-Year Restriction on Alienation

When can a sale of free patent land be void? The Supreme Court explains the five-year ban and its consequences.

Void Free Patent Sales: When Buying Land Too Soon Means Losing It

Buyers of free patent land must wait five years before buying; early sales are void and the buyer only gets the price back.

Electoral Tribunals and Nuisance Candidates: Jurisdiction After Proclamation

The Supreme Court clarifies that the HRET cannot declare a candidate a nuisance candidate once the COMELEC's ruling has become final.

Sheriffs Duty to Remit Payments and Execute Writs Promptly: Mahusay v. Gareza

A sheriff who withholds collected payments and delays writ execution faces dismissal. The Supreme Court's ruling in Mahusay v. Gareza explained.

Proving Receipt of Tax Assessment Notices: CIR v. GJM Philippines

The Supreme Court clarifies that the BIR must prove a taxpayer actually received a tax assessment notice, or the assessment may be void.

Heirs Obligations Settling Debts Before Inheritance Distribution

Philippine Supreme Court ruling on heirs' duty to settle decedent's debts before inheritance distribution, including interest rules.

Foreign Land Ownership Restrictions Lease Agreements As Virtual Transfers

Supreme Court voids 100-year lease to foreigner as virtual transfer of land ownership, reaffirming constitutional ban on alien landholding.

Rape of a Person Deprived of Reason: How Philippine Law Protects Mentally Retarded Victims

In People v. Rodriguez, the Supreme Court clarified that carnal knowledge of a mental retardate is rape of a person deprived of reason under the Revised Penal Code.

Perfecting Appeals Strict Compliance AND Jurisdictional Requirements IN Philippine LAW

Reconstitution of a Torrens title requires clear proof the certificate was genuine and in force when lost or destroyed.

When Does the State Pay in Government Contracts? The Agency Question

A Supreme Court ruling clarifies when a contractor can hold the government liable for a subcontractor's unpaid services under an agency theory.

Rape AND THE Burden OF Proof Establishing Minority IN Qualified Rape Cases