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显示第 3745–3768 篇,共 24,662 篇文章

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Mar 27, 2019agrarian reformjust compensationland bankdareminent domainproperty law

Just Compensation in Agrarian Reform: When Courts May Deviate From DAR Valuation Guidelines

Explaining when courts may depart from DAR valuation formulas in agrarian reform cases, and why a clear explanation is required.

Mar 27, 2019civil lawcontractsprescriptionsolutio indebitileaserefund

Contractual Obligations Prevail: MIAA Must Refund Overpaid Rentals Despite Prescription Claims

Supreme Court rules MIAA must refund full overpaid rentals to lessee, rejecting prescription defense based on contract, not quasi-contract.

Mar 27, 2019vatzero-ratingtax refundpower generationnirctax exemption

VAT Zero Rating: Proving Tax Exempt Status for Power Generation Services

Supreme Court clarifies that power generators selling to NPC may claim VAT zero-rating under Section 108(B)(3) without an ERC Certificate of Compliance.

Mar 27, 2019just compensationagrarian reformdar guidelinesland valuationra 6657eminent domain

Just Compensation and Agrarian Reform: When Courts Can Deviate From DAR Guidelines

The Supreme Court clarifies when Special Agrarian Courts may deviate from DAR valuation formulas in determining just compensation under RA 6657.

Mar 27, 2019quieting of titlecollateral attackproperty lawcertificate of titletorrens systemsupreme court

Quieting of Title as Direct Attack: Final Judgments and Property Claims in Philippine Law

Philippine Supreme Court clarifies that quieting of title is a direct attack on a certificate of title, not a prohibited collateral attack.

Mar 27, 2019due processdebt recoverypostponementscivil proceduresupreme court

Due Process and Delay: Upholding Debt Recovery Despite Repeated Postponements

Philippine Supreme Court ruling on how repeated postponements do not violate due process in debt recovery cases.

Mar 27, 2019subsidiary liabilityemployer liabilitycivil liabilityexecution of judgmentrevised penal code

Subsidiary Liability of Employers: Execution Against Employers for Employees' Civil Delicts

Supreme Court clarifies when employers may be held subsidiarily liable for employees' civil liability arising from criminal acts.

Mar 27, 2019civil-law

Upholding Attorney Accountability Negligence IN Notarizing Documents AND Breach OF Legal Ethics

Mar 27, 2019civil-proceduresummonsjurisdictionrules-of-courtservice-of-summons

Defective Summons When A Court Lacks Power Over A Person

When service of summons is defective, a court cannot acquire jurisdiction over a defendant—even if the defendant asks for some relief.

Mar 27, 2019contract-lawunpaid-propertyrescissionbuyers-fail-to-payphilippine-law

Unpaid Property Resolving Sales When Buyers Fail TO PAY

When buyers fail to pay, sellers may rescind the sale. This article explains the legal rules on unpaid property sales in the Philippines.

Mar 27, 2019criminal-law

Reasonable Doubt Safeguarding Individual Rights IN Drug Cases Through Strict Adherence TO Chain OF Custody

Mar 27, 2019indigenous peoplesncipfresh period ruleadministrative lawancestral landsdue process

Fresh Period Rule Applies to NCIP Appeals: A Win for Due Process in Indigenous Land Disputes

The Supreme Court clarifies that the Fresh Period Rule governs appeals from NCIP Regional Hearing Officers, protecting due process in ancestral land cases.

Mar 27, 2019administrative lawconflict of interestpublic officialsnegligencecesoethical standards

Upholding Ethical Standards: Negligence and Conflict of Interest in Public Office

A Supreme Court ruling on public officials who signed resolutions recommending their own appointments, and the consequences of conflict of interest.

Mar 26, 2019quieting of titleland titlesdirect attackcollateral attacktorrens systemcivil law

Quieting of Title in the Philippines: Direct vs. Collateral Attacks Explained

The Supreme Court clarifies when challenging a land title's validity is a direct attack, not a collateral one, in quieting of title cases.

Mar 26, 2019legal-ethics

Attorney Neglect Upholding Diligence AND Competence IN Legal Representation

Mar 26, 2019legal ethicscode of professional responsibilitylawyer disciplineclient abandonmentadministrative case

Lawyer Disbarred for Neglect and Client Abandonment: Lessons on Legal Ethics

Supreme Court suspends lawyer for two years and orders return of fees for neglecting a client's annulment case.

Mar 25, 2019contemptrules of courtsecurities regulation codeexecutionland bankmeralco

Indirect Contempt Requires Willful Disobedience: Lessons from Land Bank v. MERALCO

When is failure to comply with a court order contempt? The Supreme Court clarifies in Land Bank v. MERALCO that good faith and impossibility matter.

Mar 25, 2019property lawgood faithland titlescontempt of courtsecurities regulationphilippine law

Good Faith and Land Titles: Protecting Property Rights in the Philippines

The Supreme Court clarifies when good faith protects parties from contempt in property disputes, balancing court orders with rights of innocent buyers.

Mar 25, 2019tax lawcourt of tax appealsadministrative remediestax assessmentdue process

Tax Assessments and Due Process: When Can a Taxpayer Appeal to the CTA?

Taxpayers must exhaust administrative remedies before appealing to the CTA. Learn the rules on protesting assessments.

Mar 25, 2019civil-law

Psychological Incapacity Defining THE Threshold FOR Marriage Nullity IN THE Philippines

Mar 25, 2019labor lawcollective bargaining agreementsss loansmanagement prerogativelabor code

CBA vs Company Policy: Protecting Employee Rights in SSS Loan Availment

Supreme Court rules company policy capping employee loans at 50% of pay violates CBA and Labor Code.

Mar 25, 2019contract-lawhidden-defectsrescissioncar-loanconsumer-rightscivil-code

Hidden Car Defects and Loan Obligations: What Buyers Should Know

Philippine Supreme Court ruling on when car buyers can rescind a sale for hidden defects and why loan obligations remain separate.

Mar 25, 2019criminal lawdangerous drugsreasonable doubtbuy-bust operationchain of custodyprosecution evidence

Reasonable Doubt Prevails When Key Witnesses Contradict Each Other in Drug Case

Supreme Court acquits drug suspect after prosecution witnesses gave conflicting accounts of the buy-bust operation, undermining proof beyond reasonable doubt.

Mar 25, 2019taxationadministrative-lawcourt-of-tax-appealsexhaustion-of-remediesbirassessment

Exhaustion of Administrative Remedies: Taxpayers' Premature Appeals Dismissed

Taxpayers must exhaust administrative remedies before appealing to the CTA. Learn from this case on premature appeals.