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显示第 5425–5448 篇,共 24,680 篇文章

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Apr 25, 2017negotiable instruments lawpresumption of deliverycause of actionbanking lawcivil procedurepayee rights

Negotiable Instruments and the Presumption of Delivery: Protecting Payees’ Rights

The Supreme Court clarifies that dismissal for lack of cause of action requires trial, and that delivery of negotiable instruments is presumed under Section 16 of the NIL.

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.

Apr 25, 2017senior citizenspersons with disabilitypolice powertax deductionconstitutional lawsocial welfare

Senior Citizen and PWD Discounts: Police Power, Not Unconstitutional Taking

The Supreme Court upholds the 20% discount for senior citizens and PWDs as a valid exercise of police power, not an unconstitutional taking of property.

Apr 25, 2017property-lawaccion-publicianarecovery-of-possessiondefault-ordersubstantive-rightsland-ownership

Upholding Land Ownership: Technicalities Yield to Substantive Rights in Property Disputes

SC rules procedural lapses cannot defeat a registered owner's right to recover property from tolerated occupants.

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 24, 2017corporate rehabilitationstay orderclose corporationproperty rightscorporation codephilippine law

Protecting Property Rights When Courts CAN Order Padlocks Pending Litigation

Learn when corporate rehabilitation stay orders can cover properties owned by stockholders, not just the corporation, under Philippine law.

Apr 24, 2017labor lawregular employmentproject employeessecurity of tenureillegal dismissalsupreme court

UST v. Samahang Manggagawa ng UST: When Repeated Hires Make Workers Regular Employees

The Supreme Court clarifies when repeated fixed-term hires for maintenance work create regular employment, not project employment, under the Labor Code.

Apr 24, 2017corporate rehabilitationcontempt of courtbirtax collectionfria

Contempt of Court for Defying a Corporate Rehabilitation Order in the Philippines

The Supreme Court affirms contempt charges against BIR officials who pursued deficiency tax claims despite a corporate rehabilitation Commencement Order.

Apr 24, 2017replevincivil procedureownershippossessionagencyrule 60

Replevin Actions: Proving Ownership and Rightful Possession in Philippine Law

Philippine Supreme Court clarifies that replevin requires proof of ownership or rightful possession, not just a claim of wrongful detention.

Apr 24, 2017disbarmentadministrative lawlegal ethicssupreme courtburden of proofsubstantial evidence

Disbarment Complaint Dismissed for Insufficient Evidence: The Burden of Proof in Administrative Cases

The Supreme Court dismissed a disbarment complaint against Atty. Johan Tabuzo, ruling that complainants must present substantial evidence, not just self-serving affidavits.

Apr 24, 2017corporate lawcorporate veilclose corporationrehabilitationlimited liabilitycorporation code

Piercing the Corporate Veil: When Can a Stockholder’s Assets Answer for Corporate Debts

The Supreme Court clarifies that stockholders are not automatically liable for corporate debts, even in close corporations, and explains when personal assets may be reached.

Apr 24, 2017corporate lawclose corporationpiercing the corporate veillimited liabilitycorporate rehabilitationcorporation code

Piercing the Corporate Veil: When Can Stockholders Be Held Liable for Corporate Debts

The Supreme Court clarifies that stockholders of a close corporation are not automatically personally liable for corporate debts, explaining the limits of piercing the corporate veil.

Apr 24, 2017replevinagencyvehicle salesconsumer protectioncivil procedureownership disputes

Replevin and Vehicle Sales: When Entrusting Your Car Makes You Lose Ownership

A Supreme Court ruling on replevin clarifies when entrusting a vehicle to an agent for sale transfers ownership, and what claimants must prove.

Apr 19, 2017labor lawredundancyseparation payterminationlabor codesupreme court

Redundancy and Fair Compensation: Balancing Business Needs and Employee Rights in Termination

The Supreme Court clarifies when redundancy dismissals are valid and when separation pay falls short of the Labor Code's requirements.

Apr 19, 2017credit card debtcollection casepreponderance of evidencecivil procedurebankardsupreme court

Credit Card Debt Collection: Proving the Basis of Claims in Philippine Courts

Philippine Supreme Court ruling on credit card collection cases: creditors must prove the basis of claims, not just submit a statement of account.

Apr 19, 2017anti-vawc lawprotection ordersfamily rightsra 9262violence against womensupreme court

Protecting Victims: How Family Can Petition for Protection Orders Under the Anti-VAWC Law

The Supreme Court clarifies that a victim's family can file for protection orders under the Anti-VAWC Law, even after a criminal complaint is dismissed.

Apr 19, 2017maritime-lawseafarer-disabilitypoea-secwork-relatednessdisability-benefitslabor-law

Overcoming the Presumption of Work-Relatedness in Seafarer Disability Claims

A seafarer's cavernoma claim fails when company doctors' findings are consistent and the seafarer fails to prove work-connection.

Apr 19, 2017civil-procedureannulment-of-judgmentextrinsic-fraudattorney-negligencefinal-judgmentrule-47

When Attorney Negligence Doesnt Equal Extrinsic Fraud Protecting Final Judgments

The Supreme Court clarifies that a lawyer's negligence, without malice or connivance with the adverse party, does not constitute extrinsic fraud to annul final judgments.

Apr 18, 2017ncipindigenous peoples rightsipraancestral domainjurisdiction

Navigating NCIP Jurisdiction in Indigenous Peoples Rights Disputes

The Supreme Court clarifies when the NCIP has jurisdiction over ancestral domain disputes and when regular courts take over.

Apr 18, 2017criminal-lawacts-of-lasciviousnessra-7610child-abusesupreme-courtphilippines

Acts of Lasciviousness Under RA 7610: Scope of Child Sexual Abuse Defined

The Supreme Court clarifies when acts of lasciviousness fall under RA 7610's child abuse provisions, not just the Revised Penal Code.

Apr 18, 2017notarial practiceadministrative caselawyer disciplinenotary publicsupreme court

Notarizing Without Personal Appearance: The Cost of a Notary's Lapse

The Supreme Court suspends a lawyer-notary for six months and permanently bars him from notarial commission for notarizing a deed without the parties' personal appearance.

Apr 18, 2017commission on auditgovernment fundsdisallowancegood faithdevelopment bank of the philippinesadministrative law

COA Disallowance of Irregular Government Funds: Good Faith Restitution Rule Explained

Supreme Court rules on COA disallowance of DBP car subsidy, clarifying when good faith excuses refund of disallowed government benefits.

Apr 18, 2017administrative-law

Good Faith AND Government Liability Protecting Public Officials From Personal Liability IN Disallowed Payments

Apr 18, 2017judicial accountabilityadministrative lawcode of judicial conductsupreme courtretirementgross inefficiency

Judicial Accountability: Timely Decisions and Ethical Conduct on the Bench

The Supreme Court holds judges accountable for delayed decisions and retirement violations, imposing fines on a retired judge.