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显示第 4057–4080 篇,共 24,663 篇文章

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Nov 13, 2018election-lawballot-appreciationcomelecbarangay-electionsidem-sonansvoter-intent

How Courts Read Ballots: Voter Intent in Philippine Barangay Elections

A one-vote barangay election dispute shows how Philippine courts apply the idem sonans, neighborhood, and written-by-two rules to honor voter intent.

Nov 13, 2018due processattorney disciplineadministrative lawsupreme courtibplegal ethics

Due Process in Attorney Discipline: Fair Hearings for Legal Professionals

The Supreme Court reminds us that even in lawyer discipline cases, due process and substantial evidence are required before any sanction.

Nov 12, 2018property-lawland-registrationalienable-and-disposablepd-1529torrens-systemsupreme-court

Land Registration: Proving Alienable and Disposable Land in the Philippines

Learn the strict rule on proving alienable and disposable land for registration under the Property Registration Decree, explained in plain language.

Nov 12, 2018contract-to-sellmaceda-lawdefault-judgmentrescissioncivil-codesupreme-court

Contract to Sell vs. Sale: When Cancellation Is Valid Without Maceda Law

Supreme Court clarifies contract to sell rules, default judgments, and when Maceda Law does not apply to commercial property buyers.

Nov 12, 2018eminent domainjust compensationnegotiated salelegal interestparol evidence rulecontract law

Voluntary Sale vs. Eminent Domain: When Interest on Just Compensation Is Not Due

Supreme Court clarifies that in negotiated sales, landowners cannot claim legal interest absent a stipulation, unlike in expropriation.

Nov 12, 2018land registrationalienable and disposablecenro certificationproperty registration decreepublic domainsupreme court

Proving Land Is Alienable and Disposable: The Strict Rule After Republic v. Bautista

The Supreme Court clarifies that CENRO certifications alone cannot prove land is alienable and disposable for original registration under the Property Registration Decree.

Nov 12, 2018contract-laweminent-domainnegotiated-salejust-compensationparol-evidence-ruledpwh

Contractual Integrity vs. Eminent Domain: The Limits of Interest Claims in Negotiated Land Sales

When the government buys land through a negotiated sale, the deed governs—interest claims not in the contract are barred.

Nov 12, 2018annulment of judgmentrule 47final judgmentjurisdictionres judicata

Challenging Final Judgments: The Proper Legal Avenue for Annulment

Learn when a final judgment can be challenged through annulment under Rule 47, and why collateral attacks fail.

Nov 11, 2018civil procedurespecial power of attorneyjurisdictionverificationforum shopping

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Nov 7, 2018tax lawdeclaratory reliefinjunctionbirdocumentary stamp taxsupreme court

Tax Injunctions and Declaratory Relief: Limits on Court Authority

The Supreme Court clarifies that courts cannot enjoin tax collection and that declaratory relief is not a proper remedy to contest tax assessments.

Nov 7, 2018criminal-lawdangerous-drugschain-of-custodybuy-bust-operationsection-21ra-9165

Drug Case Dismissed: Chain of Custody Rule Protects Against Evidence Tampering

Supreme Court acquits drug suspect because police failed to follow Section 21 chain of custody rules, protecting against evidence planting and tampering.

Nov 7, 2018criminal-lawchain-of-custodydrug-offensessection-21buy-bust-operationra-9165

Chain of Custody Safeguarding Drug Evidence and Protecting Individual Rights

The Supreme Court acquits a drug suspect because police failed to follow Section 21's witness and inventory rules, protecting the accused's rights.

Nov 7, 2018property-lawland-registrationdenr-certificationpd-1529alienable-and-disposablesupreme-court

The Indispensable Role of DENR Certification in Land Registration: Highpoint Development Corp. vs. Republic

A CENRO certification alone cannot prove land is alienable and disposable. Learn the strict requirements for original registration of title in the Philippines.

Nov 7, 2018chain of custodyra 9165drug casesbuy-bust operationpresumption of innocencesection 21

Chain of Custody Safeguarding Rights in Drug Cases

The Supreme Court acquits a drug suspect over police lapses in Section 21 chain of custody, reinforcing the presumption of innocence.

Nov 7, 2018criminal lawself-defensehomicidemurdertreacheryrevised penal code

Self-Defense and the Degree of Criminal Liability: Distinguishing Homicide From Murder

A Supreme Court ruling clarifies when a killing is homicide, not murder, and why self-defense must be proven by clear and convincing evidence.

Nov 7, 2018excise taxdenatured alcoholcommercial lawbirtax exemptionnirc

Excise Tax and Denatured Alcohol: Clarifying Exemptions for In-Transit Losses

Supreme Court rules that denatured alcohol lost to evaporation during transit remains exempt from excise tax under the NIRC.

Nov 7, 2018torrens-titleinnocent-purchasergood-faithproperty-lawcivil-lawassurance-fund

Good Faith and Torrens Titles: Overcoming the Innocent Purchaser Presumption

The Supreme Court explains when a Torrens title holder loses the innocent purchaser presumption and what buyers must prove to keep their property.

Nov 7, 2018contract-lawsolidary-obligationsubcontractingcivil-codeconstruction-law

Contractor's Solidary Liability and Full Payment Defense in Subcontracting Agreements

When can a contractor be held liable for a subcontractor's unpaid debts? The Supreme Court explains solidary liability and the full payment defense.

Nov 7, 2018criminal lawdrug caseschain of custodyra 9165buy-bust operationacquittal

Chain of Custody Safeguarding Rights in Drug Cases: People v. Bricero

The Supreme Court acquits a drug suspect due to police lapses in chain of custody, reinforcing rights under Section 21 of RA 9165.

Nov 7, 2018civil-lawejectmentunlawful-detainersplitting-cause-of-actionlitis-pendentiaforum-shopping

Splitting Causes of Action: When a Landowner Can File Separate Suits for Unpaid Rent and Ejectment

The Supreme Court clarifies that a landowner may file a separate collection suit for unpaid rent that accrued before the tenant’s possession became unlawful, without violating the rule against splitti

Nov 7, 2018criminal lawdangerous drugsbuy-bust operationchain of custodyra 9165acquittal

Supreme Court Acquits Drug Suspect Over Missing Witnesses in Buy-Bust Operation

SC acquits drug suspect because police failed to secure required witnesses during buy-bust inventory, compromising evidence integrity.

Nov 7, 2018land registrationproperty registration decreealienable and disposablecenro certificationdenroriginal registration of title

Proving Land Is Alienable and Disposable: Highpoint v. Republic

Land registration applicants must present both a CENRO certification and a certified true copy of the DENR Secretary's land classification.

Nov 7, 2018corporate rehabilitationinterim rulesfeasibility testliquidationsupreme court

Rehabilitation or Liquidation: When Corporate Revival Is Not Feasible

A corporation in default may still seek rehabilitation, but a plan built on speculative promises will not pass judicial scrutiny.

Nov 7, 2018torrens-titleinnocent-purchasergood-faithland-registrationassurance-fundcivil-law

Good Faith Under Scrutiny: Proving Innocent Purchase in Land Title Disputes

The presumption of good faith in land purchases is disputable. Learn what the Supreme Court requires to prove innocent purchaser status.