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显示第 5401–5424 篇,共 24,680 篇文章

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Jun 5, 2017criminal lawrapeforce and intimidationrevised penal codesupreme courtdamages

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Jun 4, 2017tax lawtax assumptiontax exemptionexecutive agreementsbir refundsinternational agreements

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

May 29, 2017promissory notesdeficiency obligationcollection of sum of moneyevidencecivil law

Promissory Notes Enforceability and the Limits of Contractual Interpretation

Supreme Court clarifies that a creditor must prove the exact deficiency amount with supporting evidence, not just present a bare statement of account.

May 29, 2017real-estate-lawland-salescontractual-obligationsproperty-lawphilippines

Perfecting Land Sales Understanding Contractual Obligations AND Legal Timelines IN Philippine Property LAW

Learn the legal rules on perfecting land sales in the Philippines, including contractual obligations and critical timelines under property law.

May 29, 2017deficiency claimforeclosurepromissory notestatement of accountdemandcivil law

When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure

The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.

May 22, 2017cyber libelprescriptionrevised penal codesupreme courtstare decisiscriminal law

Cyber Libel Prescription: One Year, Not 15, and Why Unsigned Resolutions Are Not Doctrine

The Supreme Court settles that cyber libel prescribes in one year and clarifies that unsigned resolutions are not binding precedent.

May 15, 2017gross immoralityjudicial disciplinecode of professional responsibilityadministrative casesupreme court

When a Judge Falls Short: Gross Immorality, Dismissal, and Bar Sanctions

The Supreme Court dismissed a judge for gross immorality over an extramarital affair, suspending him from law practice for three years.

May 8, 2017derivative suitintra-corporate controversyjurisdictioncorporation lawspecial commercial court

Derivative Suits and Intra-Corporate Controversies Jurisdiction Clarified

The Supreme Court clarifies the distinction between derivative suits and intra-corporate controversies, and which court has jurisdiction over each.

May 8, 2017ra-9262psychological-abusecybercrimesocial-mediaombudsmansupreme-court

When Social Media Abuse Raises the Penalty Under RA 9262 and the Cybercrime Law

The Supreme Court clarifies when using Facebook to commit psychological abuse triggers a higher penalty under RA 9262 and RA 10175.

May 1, 2017robbery-with-homicidepositive-identificationalibicriminal-lawevidence

Robbery With Homicide Positive Identification Over Alibi

Supreme Court rules positive identification prevails over alibi in robbery with homicide, affirming conviction based on credible eyewitness testimony.

Apr 26, 2017contract-lawcommon-carriernominal-damagessubrogationextraordinary-diligencecivil-code

Breach of Contract and Nominal Damages When Extraordinary Diligence Falls Short

When a shipper breaches a contract but the insurer fails to prove actual loss, the Supreme Court awards nominal damages instead.

Apr 26, 2017agrarian reformretention rightscarptenant protectionproperty lawland reform

Agrarian Reform Retention Rights and Tenant Protection Under CARP

The Supreme Court explains landowner retention limits, tenant options, and procedural requirements under the Comprehensive Agrarian Reform Law.

Apr 26, 2017due processfdareproductive healthadministrative lawcontraceptivesrh law

Due Process in Reproductive Health: FDA Must Hear Opposition to Contraceptives

The Supreme Court ruled that the FDA must observe due process—notice and hearing—when certifying contraceptive drugs, affirming the remand in the RH Law case.

Apr 26, 2017seafarersdisability benefitspoea-seclabor codemaritime lawpermanent disability

Seafarers Disability Timelines: 120-Day Rule for Medical Assessment and Benefits

Learn the 120-day and 240-day rules for seafarer disability assessment under Philippine law, explained through a Supreme Court ruling.

Apr 26, 2017banking lawcounterfeit currencydamagesdue diligencecivil lawsupreme court

Bank Liability for Counterfeit Currency: Due Diligence and Customer Protection

When a bank releases counterfeit foreign currency, when is it liable for damages? The Supreme Court clarifies the standard of diligence.

Apr 26, 2017property-lawfree patentpublic land actfraudrecovery of possessionland title

Defective Free Patent Prior Occupation Nullifies Land Title

A free patent obtained over land already occupied by a school is void for fraud, and the title it produces cannot defeat prior possession.

Apr 26, 2017tax refundvalue-added taxequitable estoppelbir rulingcourt of tax appealsnational internal revenue code

Equitable Estoppel and Tax Refund Claims: The Exception to the 120+30-Day Rule

Explains the Supreme Court's ruling in Visayas Geothermal Power Co. v. CIR, applying equitable estoppel to the 120+30-day tax refund rule.

Apr 26, 2017labor-law

Voluntary Retirement VS Illegal Dismissal Understanding Employee Consent IN Retirement Plans

Apr 26, 2017agrarian reformtenant rightsredemptionpublic propertyland disputesupreme court

Protecting Public Interest: Fraudulent Land Patents and Prior Rights of Occupancy

Philippine Supreme Court ruling on tenant redemption rights, public property protection, and the limits of agrarian reform adjudication.

Apr 26, 2017criminal-lawrapemoral-ascendancystatutory-rapefamily-abusesupreme-court

Moral Ascendancy in Statutory Rape: Redefining Intimidation in Familial Abuse Cases

Philippine Supreme Court clarifies that moral ascendancy replaces force or intimidation in rape by a common-law father, protecting minor victims.

Apr 26, 2017criminal procedureinformationprosecutorial authoritymotion to quashrule 112perjury

When a Prosecutor Files an Information Without the City Prosecutor’s Approval

Learn when a criminal information filed without the city prosecutor’s prior written authority is defective and subject to quashal.

Apr 25, 2017property-lawrecovery-of-possessionaccion-publicianaprocedural-technicalitiestolerancesupreme-court

Tolerance Ends Land Recovery and the Limits of Procedural Technicalities in Property Disputes

Philippine Supreme Court ruling on recovery of possession, tolerance, and why procedural technicalities cannot defeat a registered owner's substantive rights.

Apr 25, 2017senior citizenspersons with disabilitypolice powereminent domaintax deductionconstitutional law

Senior Citizen and PWD Discounts: Police Power, Not Eminent Domain

The Supreme Court upheld the 20% senior citizen and PWD medicine discounts as a valid exercise of police power, not eminent domain requiring just compensation.

Apr 25, 2017corporate lawpiercing the corporate veillegal compensationcivil codejurisprudence

Piercing the Corporate Veil: When Courts Hold Individuals Accountable for Corporate Wrongdoing

Explaining the Supreme Court's ruling in California Manufacturing v. Advanced Technology System on when courts may pierce the corporate veil and apply legal compensation.