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显示第 5617–5640 篇,共 24,680 篇文章

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Feb 6, 2017negotiable instrumentscheckscorporate liabilitypersonal liabilityevidencecivil law

Checks as Evidence of Personal Liability Despite Corporate Issuance

Supreme Court clarifies when corporate checks can establish personal liability of a corporate officer who signs them.

Feb 6, 2017execution pending appealinjunction bondcivil procedurerule 39certiorariforum shopping

Execution Pending Appeal: Balancing Justice and Judicial Discretion in Philippine Courts

The Supreme Court clarifies the limits of execution pending appeal and the requirements for claiming injunction bonds in Abenion v. Pilipinas Shell.

Feb 6, 2017insurance-lawincontestabilityreinstatementinsurer-obligationspolicy-claimssupreme-court

Insurance Policy Incontestability Clarifying Reinstatement Dates And Insurer Obligations

Philippine Supreme Court clarifies when the incontestability period starts after policy reinstatement, and what insurers must prove to deny claims.

Feb 6, 2017contract-lawagencycivil-codesupreme-courtcollectionbusiness-law

Upholding Contractual Obligations: The Duty to Remit Funds in Agency Agreements

When can an agent withhold funds from a principal? The Supreme Court clarifies the limits of an agent's right of retention and the duty to remit.

Feb 6, 2017notarial practiceadministrative lawgross negligencenotary publiclegal ethicssupreme court

Notarial Negligence: Lawyers Must Secure Seals and Prevent Unauthorized Use of Notarial Books

A notary's duty extends beyond signing documents—securing seals and books is essential to avoid gross negligence liability.

Feb 6, 2017psychological incapacityannulmentfamily codearticle 36marital infidelitysupreme court

The High Bar for Psychological Incapacity: Marital Infidelity Alone Is Insufficient for Annulment in the Phili

The Supreme Court clarifies that infidelity alone does not prove psychological incapacity for annulment under Article 36 of the Family Code.

Feb 6, 2017labor-lawterminationdue-processbusiness-closurenotice-requirementseparation-pay

Procedural Due Process in Termination: Proper Notice When a Business Closes

The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.

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.

Feb 1, 2017civil-lawobligationscontractsvoluntary-preventionsupreme-court

Voluntary Prevention Doctrine When a Party Frustrates Contractual Obligations

When a party blocks a condition precedent, the law treats it as fulfilled, making the obligation demandable.

Feb 1, 2017legal-ethics

Upholding Attorney Accountability Neglect OF Duty AND THE Duty TO Inform Clients

Feb 1, 2017insolvency lawcorporate residencevenuepilipinas shellroyal ferry

Corporate Residence for Insolvency Cases: Actual Office Location Prevails

The Supreme Court clarifies that for insolvency venue, a corporation's actual principal office, not its Articles of Incorporation, determines residence.

Feb 1, 2017trademarkintellectual propertyconfusing similaritydominancy testra 8293

LOLANE vs ORLANE: When Trademark Similarity Does Not Mean Confusion

The Supreme Court explains when two trademarks are too similar, and when they are not, in this Philippine trademark case.

Feb 1, 2017qualified rapecriminal lawvictim testimonyrevised penal codesupreme court

Breach of Trust Rape by a Relative and the Upholding of Victim Testimony

The Supreme Court affirms the conviction of an uncle for qualified rape, explaining why a victim's credible testimony and fear can overcome defenses of alibi and denial.

Jan 31, 2017legal-ethicsdisbarmentattorney-client relationshipbreach of trustcode of professional responsibility

Breach of Trust When Attorney Loyalty Conflicts With Client Interests in Property Disputes

A lawyer's conversion of client funds for personal use amounts to deceit and gross misconduct warranting disbarment, as shown in this case.

Jan 31, 2017civil-law

Breach OF Trust Dismissal FOR Court Employees IN Title Reconstitution Fraud

Jan 31, 2017money claimscommission on auditstate immunityprescriptionlachesgovernment liability

Filing Money Claims Against Government: Lessons from a Dismissed Flood Damage Case

The Supreme Court affirms COA's denial of P122-million flood damage claims against DPWH, citing prescription, laches, and the state's immunity from suit.

Jan 30, 2017labor lawindependent contractorlabor-only contractingemployer liabilityillegal dismissalphilippine labor code

Independent Contractor vs Labor-Only Contractor: Who Is the True Employer in Philippine Law?

The Supreme Court clarifies when a manpower agency is a true independent contractor and when a principal becomes liable as employer.

Jan 30, 2017labor-lawgsisretirementgovernment-employeescreditable-servicesupreme-court

Retirement Benefits Premium Contributions Determine Creditable Service For Government Employees

GSIS v. Pauig: only service periods with paid GSIS premiums count for retirement benefits; casual and temporary service may be excluded.

Jan 30, 2017labor lawindependent contractorlabor-only contractingemployer-employee relationshipillegal dismissalmanpower agency

Defining the Employer: Supreme Court Clarifies Independent Contractor vs Labor-Only Contracting

Supreme Court clarifies when a manpower agency is a true independent contractor and when the principal becomes the real employer.

Jan 30, 2017corporate lawboard resolutionderivative suitcorporate representationsecurities regulationcivil procedure

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Jan 30, 2017preliminary attachmenttrust receiptsfraudrule 57security bankcivil procedure

Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights

Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.

Jan 30, 2017unconscionable interestloan agreementscontractual freedomusury lawphilippine supreme courtborrower protection

Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans

Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.

Jan 30, 2017corporation lawreal party-in-interestintra-corporate disputeboard of directorscorporation codeprocedure

When a Corporation Sues Without Board Authority: The Real Party-in-Interest Rule

A corporation can only sue through its board of directors. The Supreme Court explains why an unauthorized complaint gets dismissed.

Jan 25, 2017insurance-lawreinsuranceattachment-bondsuretyretention-limitcivil-procedure

Reinsurance and Attachment Bonds: Upholding Surety Validity Beyond Retention Limits

Supreme Court clarifies that attachment bonds exceeding a surety's retention limit remain valid when the excess is reinsured, explaining reinsurance contracts.