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显示第 3961–3984 篇,共 24,663 篇文章

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Dec 31, 2018government contractscommission on auditquantum meruitpublic biddingprocurement lawcontract law

Bidding Rights No Cause of Action for Disappointed Bidders Under Philippine Law

A contractor overpaid by the government must refund the excess, even if the contract was void for lack of appropriation.

Dec 24, 2018land titlereconstitutionrepublic act no. 26property lawregister of deedssupreme court

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Proof and Sources

The Supreme Court clarifies when courts may order reconstitution of a lost or destroyed land title under Republic Act No. 26.

Dec 24, 2018chain of custodyillegal possession of firearmsra 10591plain view doctrinewarrantless arrestcriminal law

Chain of Custody in Firearm Cases: When Delayed Marking Leads to Acquittal

The Supreme Court acquits a firearm possession accused over unjustified delayed marking, clarifying chain of custody rules under RA 10591.

Dec 17, 2018pdicdeposit insurancebanking lawadministrative lawsupreme court

Deposit Insurance Claims Upholding Pdic Authority AND Defining Course OF Business

The Supreme Court clarifies the limits of the Philippine Deposit Insurance Corporation's regulatory authority over bank operations and the definition of "course of business" in deposit insurance claim

Dec 17, 2018corporate lawtrademark lawintellectual propertypriority rightsconfusing similaritysec

Corporate Name Disputes Priority Rights and Confusing Similarity in Trademark Law

Learn how Philippine courts resolve corporate name disputes, priority rights, and confusing similarity in trademark registration cases.

Dec 17, 2018mortgage foreclosurereal estate mortgagethird-party rightsbad faithbanking diligenceproperty law

Mortgage Foreclosure and Third-Party Property: UCPB's Duty to Protect Borrower Interests

When a bank forecloses property mortgaged by a third party without the owner's consent, the Supreme Court protects the true owner's rights.

Dec 17, 2018mortgagetrustforeclosurebankingproperty lawsupreme court

When a Mortgage on Trust Property Is Void: UCPB v. Spouses Chua

The Supreme Court rules that a bank cannot foreclose on properties held in trust when the trustee had no authority to mortgage them.

Dec 10, 2018criminal lawmurdertreacheryhomiciderevised penal codesupreme court

When a Killing Is Homicide, Not Murder: Treachery Must Exist at the Attack's Inception

The Supreme Court explains when a killing is homicide, not murder, and why treachery must exist from the very start of the attack.

Dec 10, 2018unfair competitionintellectual propertytrademarktrade namecorporate namesupreme court

Unfair Competition and Trade Name Confusion: The Paperone Ruling

The Supreme Court clarifies when a corporate name can amount to unfair competition under the Intellectual Property Code, even without trademark infringement.

Dec 10, 2018unfair competitionintellectual propertytrademarkcorporate nameiposupreme court

Unfair Competition in Trade Names: PAPER ONE vs. Paperone, Inc.

Supreme Court clarifies unfair competition rules when a corporate name closely mimics an established trademark, reversing the Court of Appeals.

Dec 10, 2018accomplice liabilityhomicidecriminal lawrevised penal codesupreme court

Accomplice Liability: Proving the Degree of Participation in Homicide Cases

When is a person an accomplice rather than a principal in a killing? The Supreme Court clarifies the rules on participation and liability.

Dec 10, 2018search warrantprobable causeconstitutional rightsillegal drugscriminal procedureevidence

Safeguarding Constitutional Rights: The High Cost of Defective Search Warrants in Philippine Law

The Supreme Court nullifies search warrants issued without a searching examination, reaffirming that evidence seized under void warrants is inadmissible.

Dec 10, 2018dation in paymentcivil lawdebt settlementcreditor rightsassignment of receivables

Valid Dation in Payment: When a Debtor's Creditor Still Has Authority to Settle

Supreme Court explains when a dation in payment is valid even if the creditor assigned its receivables to another party.

Dec 8, 2018tax exemptionvalue-added taxcoal operatorspresidential decree 972vat refundspecial laws

Tax Exemption for Coal Operators: Interpreting Special Laws and VAT Obligations

The Supreme Court affirms Semirara Mining's VAT exemption under PD 972, clarifying how special laws interact with the NIRC.

Dec 5, 2018treacheryhomicidemurderbailcriminal lawqualifying circumstances

Treachery and Intent: Distinguishing Homicide From Murder in Philippine Law

The Supreme Court clarifies that treachery requires deliberate method, not mere suddenness, distinguishing homicide from murder for bail purposes.

Dec 5, 2018criminal-lawright-to-bailmurderbailevidence-of-guiltcapital-offense

Bail in Capital Offenses: Evidence of Guilt Must Match the Crime Charged

A murder charge does not automatically mean no bail; the prosecution must show strong evidence of murder, not just any wrongdoing.

Dec 5, 2018criminal-lawdouble-jeopardyspeedy-dispositionpreliminary-investigationsandiganbayanombudsman

Speedy Disposition vs Double Jeopardy: Balancing Rights in Preliminary Investigations

The Supreme Court clarifies when delay in preliminary investigation violates speedy disposition rights and triggers double jeopardy protection.

Dec 5, 2018dangerous drugschain of custodysection 21buy-bust operationcriminal procedureevidence

When Police Lapses in Drug Seizures Lead to Acquittal: The Chain of Custody Rule

The Supreme Court acquits a drug suspect because police failed to follow Section 21's witness and inventory rules. Learn the requirements.

Dec 5, 2018tax-lawvat-exemptionagricultural-cooperativessupreme-courtsugar-industrycooperative-code

VAT Exemption for Agricultural Cooperatives: Protecting Farmers' Collective Interests

The Supreme Court affirms VAT exemption for agricultural cooperatives, protecting farmers' collective interests in sugar production and sales.

Dec 5, 2018criminal-law

Broken Chains Safeguarding Drug Evidence AND Ensuring Fair Trials

Dec 5, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustacquittal

Compromised Evidence Acquittal in Drug Case Due to Chain of Custody Lapses

Supreme Court acquits two drug suspects after prosecution fails to justify missing media witness in chain of custody.

Dec 5, 2018labor-lawconstructive-dismissalfloating-statusseparation-payarticle-301supreme-court

Voluntary Retirement vs Illegal Dismissal: When Floating Status Becomes Constructive Dismissal

Philippine Supreme Court clarifies the six-month floating status rule and when it ripens into constructive dismissal under Article 301 of the Labor Code.

Dec 5, 2018chain of custodydangerous drugsra 9165buy-bust operationcriminal lawacquittal

Chain of Custody Rule: Why Missing Media Witness Led to Acquittal in Drug Sale Case

Learn how the Supreme Court acquitted drug suspects due to unjustified non-compliance with the chain of custody rule under RA 9165.

Dec 5, 2018election lawomnibus election codedouble jeopardytreasury warrantscriminal lawdemurrer to evidence

Treasury Warrants, Election Ban, and Double Jeopardy: Key Lessons from People v. Ting

The Supreme Court clarifies when issuing treasury warrants violates the election ban and why acquittals stand under double jeopardy.