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显示第 5473–5496 篇,共 24,680 篇文章

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Mar 29, 2017civil-law

Mental Capacity AND Donations Protecting THE Vulnerable From Undue Influence

Mar 29, 2017contract-lawlease-agreementassignment-of-rightsrescissioncivil-codeproperty-law

Lease Agreements and Assignment of Rights: Clarifying Obligations and Remedies

A Supreme Court ruling clarifies how assignment of rights affects lease agreements, including rescission rules and payment obligations.

Mar 29, 2017civil lawforgerydeed of salespecial power of attorneyunlawful detainerevidence

Upholding the Validity of a Sale When Allegations of Forgery Fall Short

The Supreme Court explains when a notarized deed of sale stands despite claims of forgery, and why bare allegations are not enough.

Mar 29, 2017criminal-lawmurderalibipositive-identificationtreacherysupreme-court

Positive Identification Over Alibi Upholds Conviction In Murder Case

The Supreme Court affirms a murder conviction, ruling that positive identification by eyewitnesses outweighs the weak defense of alibi and denial.

Mar 29, 2017agrarian reformjust compensationland valuationland bankproperty law

Determining Just Compensation in Agrarian Reform: Balancing Land Value and Legal Mandates

Philippine Supreme Court clarifies how just compensation is determined in agrarian reform cases, balancing land value factors and legal mandates.

Mar 29, 2017agrarian reformra 6657land reclassificationfarmlot subdivisioncarpproperty law

Farmlot Reclassification Does NOT Exempt Land From Agrarian Reform

The Supreme Court ruled that reclassifying agricultural land as a farmlot subdivision does not remove it from agrarian reform coverage under RA 6657.

Mar 29, 2017agrarian reformcarpland reclassificationfarmlot subdivisionproperty lawdar

Agrarian Reform Reclassification As Farmlot Subdivision Does NOT Exempt Land From CARP Coverage

Supreme Court rules that reclassifying agricultural land as a farmlot subdivision before CARP does not exempt it from agrarian reform coverage.

Mar 29, 2017agencycivil lawinsurance claimsfiduciary dutychattel mortgagebank liability

Agent's Duty to Prioritize Principal's Interests: Lessons from a Carnapped Vehicle Case

When a bank-agent failed to file an insurance claim for a carnapped vehicle and demanded full payment instead, the Supreme Court ruled it breached its fiduciary duty.

Mar 29, 2017civil-lawcompromise-agreementnovationagrarian-reformredemptionfinal-judgment

Compromise After Judgment: How a Settlement Can Override a Final Court Decision

The Supreme Court explains when a compromise agreement can validly novate a final judgment, even after execution has begun.

Mar 28, 2017election-lawsocecomelecperpetual-disqualificationra-7166campaign-finance

Perpetual Disqualification: The Price of Repeated SOCE Non-Compliance in Philippine Elections

Repeated failure to file SOCE triggers perpetual disqualification from public office under RA 7166, as affirmed by the Supreme Court.

Mar 27, 2017criminal proceduremotion for reconsiderationgrave abuse of discretionrules of courtprosecution evidencespeedy trial

Defective Motion for Reconsideration Cannot Revive Waived Prosecution Evidence

Supreme Court nullifies trial court order allowing prosecution to present evidence after fatally defective motion for reconsideration.

Mar 27, 2017seafarer disabilitypoea-seclabor lawsupreme courtdisability benefitsconditional payment

Seafarer Disability Claims: When Payment Becomes Final Despite a Reversed Award

A Supreme Court ruling on seafarer disability benefits, the 120-day rule, and when conditional payment becomes final satisfaction of judgment.

Mar 27, 2017carnappinghomicidecircumstantial evidencefingerprint analysiscriminal lawjurisprudence

Carnapping With Homicide: How Circumstantial Evidence and Fingerprint Analysis Proved Guilt

The Supreme Court explains how circumstantial evidence and fingerprint analysis can establish guilt beyond reasonable doubt in carnapping with homicide.

Mar 27, 2017seafarersdisability benefitspoea-secmaritime lawcompany-designated physicianthird doctor

Seafarers Disability Claims Upholding Company Doctors Assessment Absent Third Opinion

Supreme Court clarifies when a company-designated physician's disability grading prevails over a seafarer's private doctor in POEA-SEC claims.

Mar 27, 2017eminent domainjust compensationexpropriationproperty lawra 8974fair market value

Eminent Domain and Just Compensation: How Courts Value Expropriated Property

Philippine Supreme Court explains how courts determine just compensation in expropriation cases, using Republic v. Heirs of Santiago as guide.

Mar 27, 2017seafarerdisability benefitspoea-secadministrative-lawlabor-lawsupreme-court

Seafarer Disability Claims: Why the 120-Day Rule Is Not Automatic

The Supreme Court clarifies that the 120-day rule does not automatically grant total disability benefits to seafarers under the POEA-SEC.

Mar 22, 2017civil-procedureimplied-admissionrequest-for-admissionsummary-judgmentrule-45philippine-litigation

Implied Admission: The Impact of Unanswered Requests in Philippine Litigation

A party who ignores a request for admission risks implied admission of key facts, which can lead to summary judgment. This case explains why.

Mar 22, 2017torts

Hospital Liability FOR Nurse Negligence Ensuring Patient Safety AND Diligent Supervision

Mar 22, 2017criminal lawchain of custodydangerous drugsra 9165buy-bust operationacquittal

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody, emphasizing strict compliance with RA 9165 safeguards.

Mar 22, 2017automatic revocationdonationscivil lawejectmentproperty law

Automatic Revocation Clauses in Donations: When Breach Immediately Returns the Property

Philippine Supreme Court clarifies that automatic revocation clauses in donations take effect immediately upon breach, without need for judicial action.

Mar 22, 2017trademark lawintellectual propertyconfusing similarityphilipsphilitesconsumer protection

Trademark Confusion: Prior Use and Consumer Deception in Philippine IP Law

The Supreme Court ruled that PHILITES is confusingly similar to PHILIPS, applying both the dominancy and holistic tests in trademark law.

Mar 22, 2017qualified rapeincestuous rapecriminal lawdamagesrevised penal codesupreme court

When a Father's Denial Fails: Qualified Rape and Damages in People v. Mendoza

Supreme Court affirms qualified rape conviction of a father, clarifies force need not be proven in incestuous rape, and increases damages.

Mar 22, 2017property-lawagrarian-reformjust-compensationland-bank-of-the-philippinesdar-administrative-orderra-6657

Just Compensation in Agrarian Reform: Balancing Land Valuation and Fair Returns

When courts ignore the DAR valuation formula for agrarian land, the Supreme Court remands the case to ensure just compensation under RA 6657.

Mar 22, 2017contract-lawprescriptioncourt-executionobligationsphilippine-law

Expired Contracts CAN Courts Compel Execution After A Decade

Can courts compel performance of an expired contract after ten years? This article explains the rules on prescription and when courts may still order execution.