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显示第 4417–4440 篇,共 24,665 篇文章

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Jun 27, 2018tax-law

Navigating Local TAX Protests THE Crucial Steps FOR A Successful Refund Claim

Jun 27, 2018agrarian reformtenancysecurity of tenureland disputedarabagricultural leasehold

Tenancy Rights vs. Co-Ownership: Proving Agricultural Tenancy in Land Disputes

The Supreme Court clarifies that tenancy is a legal relationship that must be proven by substantial evidence, not presumed from mere occupation.

Jun 27, 2018property-lawsheriff-dutiesattachmentadministrative-casecivil-procedurephilippine-law

Sheriff Duties and Neglect in Attachment Cases: Protecting Your Property Rights

Learn how sheriffs must handle attached properties, their inventory duties, and what happens when they neglect these responsibilities.

Jun 27, 2018kidnappingransomextortionrevised-penal-codecriminal-lawsupreme-court

Ransom and Restraint: Defining Kidnapping for Extortion in the Philippines

The Supreme Court clarifies the elements of kidnapping for ransom under Article 267, showing how extortion and deprivation of liberty define the crime.

Jun 27, 2018tenancyagrarian reformproperty lawlandowner rightsdarabsecurity of tenure

Establishing Tenancy Requires Concrete Evidence: Landowner Rights Upheld

Supreme Court rules tenancy cannot be presumed; claimants must prove all elements with substantial evidence, not mere certifications.

Jun 27, 2018local business taxdouble taxationtax refundcity of manilalocal government codecourt of tax appeals

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Jun 27, 2018anti-graftpublic biddinggovernment contractsgood faithra 3019public officers

Accountability in Public Works: Good Faith and Due Diligence in Government Contracts

The Supreme Court clarifies when public officials may invoke good faith and reliance on subordinates in government contracts, and when they must verify.

Jun 27, 2018self-defensetreacherymurdercriminal-lawunlawful-aggressionjustifiable-homicide

Self-Defense vs. Treachery: The Boundaries of Justifiable Homicide in Philippine Law

The Supreme Court clarifies when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Jun 27, 2018agrarian lawtenancyagricultural leaseholddarabproperty law

Proving Tenancy in Philippine Agrarian Law: Evidence and Burden of Proof

Philippine Supreme Court ruling on what evidence is needed to prove agricultural tenancy and why certifications alone do not establish tenancy rights.

Jun 27, 2018common carriersextraordinary diligencecontract of carriageair waybillcivil lawdamages

Extraordinary Diligence: Carrier Liability for Misdelivered Goods

When a courier delivers to the wrong person, the shipment is legally "lost." The Supreme Court explains carrier liability and the limits of air waybill exemptions.

Jun 27, 2018legal-ethicsbarangay justicelupon tagapamayapakatarungang pambarangaysupreme courtlawyers

Barangay Dispute Resolution Lawyers Barred From Lupon Appearances

The Supreme Court clarifies that lawyers cannot appear before the Lupon Tagapamayapa, preserving the informal, conciliatory character of barangay justice.

Jun 27, 2018conjugal propertyproperty lawforged deedco-ownershipfamily codecivil code

Conjugal Property Rights: When a Forged Donation and Sale Divide Ownership

A forged donation of conjugal property leads to co-ownership between the buyer and the innocent spouse, each holding an undivided half.

Jun 27, 2018criminal-law

Protecting Minors THE Supreme Court ON Rape Credibility AND THE Weight OF A Childs Testimony

Jun 27, 2018legal ethicskatarungang pambarangayluponcode of professional responsibilityadministrative case

Lawyers Barred From Lupon Proceedings: A Reminder on Barangay Justice Integrity

SC reprimands lawyer for appearing in barangay conciliation proceedings, affirming the mandatory ban on counsel under the Katarungang Pambarangay Law.

Jun 27, 2018graftcorruptionra 3019public officialsgood faitharias doctrine

Graft and Corruption: Public Officials' Liability and the Limits of Good Faith Reliance

When can public officials be held liable for graft despite claiming good faith reliance on subordinates? The Supreme Court clarifies the limits.

Jun 27, 2018agrarian lawtenancydarab jurisdictionsecurity of tenureproperty law

Tenancy Rights: Establishing a Bona Fide Tenant Under Agrarian Law

The Supreme Court clarifies how courts determine DARAB jurisdiction and what allegations establish a bona fide tenant in agrarian disputes.

Jun 27, 2018criminal-lawmurderhomicidetreacheryrevised-penal-code

Reassessing Criminal Liability From Murder to Homicide Based on Evidence of Intent and Treachery

The Supreme Court clarifies when a killing is murder or homicide, requiring proof of treachery and intent beyond reasonable doubt.

Jun 27, 2018property-law

Tenancy VS CO Ownership Protecting Farmers Rights IN Agrarian Disputes

Jun 26, 2018grave misconductcourt personnelcode of conductadministrative casejudiciary

Receiving Money from Bondsmen Is Grave Misconduct for Court Personnel

Court employees cannot receive money from litigants, even as voluntary "token" gifts. The Supreme Court explains why in Perez v. Roxas.

Jun 25, 2018storage feesarrastre servicescustoms hold ordercontract lawconstructive possessionphilippine law

Contractual Obligations Prevail: Storage Fees Due Despite Customs Hold Order

Supreme Court clarifies that a Bureau of Customs hold order does not relieve a consignee from paying arrastre storage fees under its contract.

Jun 25, 2018travel authorityoca circular 49-2003administrative casecourt personnelsupreme courtphilippines

Travel Authority Requirements for Court Personnel: Lessons from a 30-Day Suspension

Court personnel must secure travel authority before going abroad. A utility worker's 13 unauthorized trips led to a 30-day suspension.

Jun 25, 2018preliminary injunctionlease disputesrules of courtcivil proceduresupreme court

Preliminary Mandatory Injunction: The Clear Right Imperative in Lease Disputes

Philippine Supreme Court clarifies when a preliminary mandatory injunction may issue in lease disputes, requiring a clear legal right.

Jun 25, 2018temporary restraining orderjudicial ethicsrules of courtbailadministrative liabilitygross ignorance of the law

Judicial Discretion vs Legal Mandates: Balancing Urgency and Procedure in TRO Extensions

A Supreme Court ruling on a judge's administrative liability clarifies the strict limits of 72-hour TRO extensions and the proper handling of weekend bail applications.

Jun 25, 2018criminal-lawchain-of-custodyillegal-drugsra-9165drug-possessionsupreme-court

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.