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显示第 5593–5616 篇,共 24,680 篇文章

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Feb 15, 2017civil-procedurejurisdictioncivil-serviceappealvoid-judgmentsupreme-court

When Courts Overstep: The Right to Appeal Void Judgments in Civil Service Cases

Supreme Court clarifies that void judgments never become final, preserving the right to appeal when courts lack jurisdiction over civil service disputes.

Feb 15, 2017agrarian reformjust compensationexhaustion of administrative remediesdarland banksupreme court

Judicial Immunity and the Exhaustion of Administrative Remedies in Agrarian Compensation Cases

The Supreme Court clarifies when landowners may directly sue for just compensation despite the exhaustion of administrative remedies doctrine.

Feb 15, 2017disbarmentconfidentiality rulefreedom of expressioncontempt of courtlegal ethicsrule 139-b

Balancing Confidentiality and Free Expression: The Limits of Disbarment Publicity in the Philippines

The Supreme Court clarifies when public statements about disbarment complaints violate the confidentiality rule and when they are protected speech.

Feb 15, 2017agrarian reformjust compensationland valuationcarpdarland bank

Agrarian Reform Just Compensation: Balancing Landowner Rights and Social Justice

Supreme Court clarifies when landowners may directly sue for just compensation despite the exhaustion of administrative remedies doctrine.

Feb 15, 2017legal ethicsdisbarmentconfidentialityfreedom of expressioncontemptsupreme court

When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case

The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.

Feb 14, 2017production assessment feeswater districtsdeep wellpd 198due processadministrative law

Production Assessment Fees: Water Districts Must Prove Harm Before Charging Deep Well Users

Water districts can't impose production fees on deep well users without a board finding of financial harm. Here's what the Supreme Court ruled.

Feb 13, 2017criminal-lawcarnappinghomicidereasonable-doubtacquittalevidence

Reasonable Doubt Prevails: Acquittal in Carnapping With Homicide Case Due to Insufficient Evidence

Supreme Court acquits accused in carnapping with homicide case, ruling that prosecution evidence failed to prove guilt beyond reasonable doubt.

Feb 13, 2017taxationincome-taxnon-profit-hospitalbirnircsupreme-court

When a Non-Profit Hospital Still Pays Income Tax: The St. Luke's Ruling

The Supreme Court explains when a charitable hospital's income from paying patients becomes taxable under the NIRC.

Feb 13, 2017criminal-laweyewitness-identificationtreacheryhomicidemurderres-gestae

Eyewitness Identification and Treachery: Understanding Criminal Liability in Philippine Homicide Cases

A Supreme Court ruling explains when eyewitness identification suffices and why treachery must be proven, not presumed, in Philippine criminal cases.

Feb 13, 2017labor-lawretirement-paypart-time-employeesra-7641labor-codejurisprudence

Retirement Rights for Part-Time Employees: De La Salle Araneta University v. Bernardo

Part-time employees are entitled to retirement pay under RA 7641. The Supreme Court clarifies coverage and prescriptive period rules.

Feb 13, 2017tax lawnon-profit hospitalsincome taxnirc(b)st. luke's medical center

Tax on Non-Profit Hospitals: Balancing Charity and Commerce in Philippine Law

Philippine Supreme Court clarifies that non-profit hospitals like St. Luke's pay 10% tax on income from paying patients, balancing charity and commerce.

Feb 13, 2017defamationlibelfree speechprivileged communicationcriminal law

Defamation and Free Speech: Balancing Criticism and Accountability in Libel Cases

Philippine Supreme Court clarifies when statements in legal pleadings lose privileged communication protection and become libelous.

Feb 8, 2017vat refundtax creditbir rulingcourt of tax appealsnirczero-rated sales

Untangling VAT Refund Timelines: How a Misleading BIR Ruling Saved a Taxpayer's Claim

Philippine Supreme Court explains when a prematurely filed VAT refund claim survives, and why strict invoicing rules still apply.

Feb 8, 2017notarial practiceclerk of courtex officio notaryadministrative law2004 rules on notarial practicedisbarment

Supreme Court on Clerks of Court as Notaries: Limits of Ex Officio Powers

The Court clarifies when clerks of court may notarize documents, ruling on unauthorized notarial acts and identity verification duties.

Feb 8, 2017construction lawliquidated damagessubstantial completionciaccontract law

Construction Delays and Liquidated Damages: Defining Substantial Completion in Philippine Law

Philippine Supreme Court clarifies when liquidated damages stop accruing in construction delays—actual substantial completion, not projections, matters.

Feb 8, 2017civil-procedurepre-trialsummary-judgmentcourt-of-appealsrules-of-court

Pre-Trial Appearances and Summary Judgment Motions: Pascual v. First Consolidated Rural Bank

Explaining when summary judgment motions can be filed, and why skipping pre-trial remains fatal even with a pending motion.

Feb 8, 2017civil proceduresummonsjurisdictioncorporate litigationdefault judgmentrules of court

Valid Service of Summons When a Company's Actions Imply Consent to Court Jurisdiction

A corporation that seeks affirmative relief from a court may be deemed to have voluntarily submitted to its jurisdiction, even if summons was defective.

Feb 8, 2017property-lawexecutionthird-party-claimrule-39civil-procedureterceria

Third Party Claims in Execution: Protecting Property Rights Under Rule 39

Learn how third-party claimants can protect property wrongly levied in execution, and why certiorari is not the right remedy.

Feb 8, 2017maritime-lawseafarer-rightsdisability-benefitspoea-secwork-related-illnesssupreme-court

Presumption of Work Relatedness Protecting Seafarers' Rights to Disability Benefits

SC ruling clarifies that seafarers' non-listed illnesses enjoy a disputable presumption of work-relatedness, easing their burden of proof.

Feb 8, 2017tax-refundvatcivil-procedurecourt-of-tax-appealsbir-rulingsan-roque-doctrine

VAT Refund Timeliness: The 120-Day Rule, BIR Ruling DA-489-03, and Strict Proof Requirements

Learn how the Supreme Court applied the San Roque doctrine to a prematurely filed VAT refund claim and the strict rules on zero-rated sales and invoicing.

Feb 7, 2017property lawexecutionthird-party claimcivil procedurepsalmreivindicatory action

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Feb 7, 2017labor-lawnon-diminution-of-paygovernment-employeesnapocorcompensationbenefits

Non-Diminution of Pay: Protecting Employee Benefits in Government Restructuring

The Supreme Court clarifies how non-diminution of pay applies when government agencies restructure compensation plans, using the NAPOCOR COLA case as example.

Feb 7, 2017administrative lawpresumption of regularitygross negligencedereliction of dutysupreme courtjudiciary

Dismissal of Administrative Complaints Upholding the Presumption of Regularity in the Judiciary

The Supreme Court dismisses an administrative complaint against court officials, reaffirming the presumption of regularity in the performance of official duties.

Feb 6, 2017negotiable instruments lawpresumption of considerationcivil lawevidencesupreme court ruling

Supreme Court: A Signed Check Creates a Presumption of Debt Even Without Written Contract

The Supreme Court rules that a signed, dishonored check is enough to prove an obligation, even without a written contract or delivery receipts.