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显示第 5977–6000 篇,共 24,687 篇文章

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Aug 31, 2016patent lawintellectual propertydue diligencenegligencerevivalsupreme court

Patent Revival and Due Diligence: The Consequences of Negligence in Intellectual Property Rights

A Supreme Court ruling clarifies that negligence by a patent applicant's counsel binds the client, and revival of abandoned applications may be barred by third-party rights and public interest.

Aug 31, 2016legal ethicsadministrative lawprofessional responsibilitysupreme courtlawyersnegligence

Negligence vs Intent: When a Lawyer's Careless Accommodation Becomes Misconduct

The Supreme Court distinguishes negligence from intentional misconduct in Cruz v. Reyes, reprimanding a lawyer for careless accommodation of another counsel's requests.

Aug 31, 2016agrarian reformemancipation patentoperation land transferpd 27due processproperty law

Agrarian Reform Emancipation Patents Cancelled for Non-Agricultural Land

Supreme Court cancels emancipation patents over non-agricultural land, ruling that CLTs are essential and landowners must receive due process.

Aug 31, 2016contract lawrescissionreal estatetorrens titlebuyer in good faithreconveyance

Upholding Real Estate Sales: The Limits of Unilateral Contract Rescission

A Supreme Court ruling clarifies that a seller cannot unilaterally rescind a real estate sale without a court decree or contractual stipulation.

Aug 30, 2016disbarmentjudicial misconductmarriage solemnizationfamily codeadministrative casesupreme court

Disbarment for Judicial Misconduct: Upholding Integrity in Marriage Solemnization

The Supreme Court disbarred a former judge for solemnizing marriages with irregular documents, turning a sacred duty into a business.

Aug 30, 2016grave misconductdishonestyfalsificationcourt personneladministrative casepublic accountability

Breach of Public Trust When Unauthorized Actions Constitute Grave Misconduct

A process server who falsified a court order and solicited money was dismissed, even after resigning. Learn the rules on grave misconduct.

Aug 29, 2016temporary restraining orderadministrative casejudicial discretionharassment suitjudgesrules of court

Navigating Search Warrants Upholding Rights IN Drug Cases

The Supreme Court clarifies when errors in issuing TROs are judicial matters, not administrative offenses, and warns against harassment suits against judges.

Aug 29, 2016violence against womenra 9262cybercrimepsychological abusesocial media evidenceict

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media authorship is proven and why ICT use raises penalties for psychological abuse under RA 9262.

Aug 24, 2016treacherymurdereyewitness testimonyalibi defenserevised penal codecriminal law

Treachery Defined: How Eyewitness Testimony Secures Murder Convictions in the Philippines

The Supreme Court explains how treachery qualifies killing as murder and why a consistent eyewitness account outweighs an alibi defense.

Aug 24, 2016criminal-lawchain-of-custodydangerous-drugssection-21buy-bustevidence

Ensuring Chain of Custody: Safeguarding Drug Evidence in Philippine Law

How Philippine courts treat lapses in Section 21 drug evidence rules and why preserving the chain of custody remains decisive in drug cases.

Aug 24, 2016antichresisnotarized documentsforgerycivil lawsupreme court

Defective Notarization Sinks Presumption, But SC Upholds P600,000 Antichresis Loan

The Supreme Court voided the presumption attached to a notarized loan deed, yet still upheld the P600,000 antichresis debt and ordered yearly accounting of farm yields.

Aug 24, 2016corporation codestockholder rightscorporate recordsdissolutioncriminal liabilitysection 74

Corporate Records Access: Stockholder Rights and Officer Duties After Dissolution

Philippine Supreme Court clarifies that a stockholder's right to inspect corporate records survives corporate dissolution and continues during liquidation.

Aug 24, 2016civil registryrule 108due processcorrection of entryfamily codesupreme court

Due Process in Civil Registry Corrections: Impleading All Affected Parties Is Mandatory

A Supreme Court ruling explains why all affected parties must be impleaded in civil registry correction cases under Rule 108.

Aug 24, 2016ejectmentunlawful detainerco-ownershippartitioncivil-law

When a Co-Owner Sells an Undivided Share: Ejectment and the Right to Partition

The Supreme Court explains when a buyer of a co-owner's share can defeat an ejectment case and who may validly partition the property.

Aug 24, 2016annulment of judgmentres judicatarule 47rule 38family lawphilippine supreme court

Res Judicata in Annulment of Judgments: Prior Relief Bars Subsequent Action

Philippine Supreme Court clarifies when a petition for annulment of judgment under Rule 47 is barred by a prior petition for relief.

Aug 24, 2016criminal lawbuy-bustchain of custodydangerous drugsra 9165shabu

Buy-Bust Operations and Chain of Custody: What People v. Casani Means for Drug Convictions

The Supreme Court affirms a drug conviction, explaining how an unbroken chain of custody of seized shabu supports a buy-bust case.

Aug 24, 2016criminal-law

BUY Bust Operations AND THE Chain OF Custody Ensuring Integrity IN Drug Cases 5

Aug 24, 2016maritime lawseafarer disabilitypoea-seccompany-designated physicianlabor code

When the Company Physician's Fit-to-Work Assessment Prevails in Seafarer Disability Claims

Philippine Supreme Court clarifies when a company-designated physician's fit-to-work certification outweighs a seafarer's private doctor in disability claims.

Aug 24, 2016criminal-lawdangerous-drugsbuy-bust-operationchain-of-custodysection-21-ra-9165supreme-court

Upholding Drug Sale Conviction: Integrity of Evidence and Section 21 Compliance

Supreme Court affirms drug sale conviction, ruling that substantial compliance with Section 21, RA 9165 suffices when evidence integrity is preserved.

Aug 24, 2016administrative lawpcsdpalawanenvironmental regulationlive fish transportr.a. 7611

PCSD Authority to Regulate Live Fish Transport in Palawan Upheld

Supreme Court affirms PCSD's power to require accreditation for live fish carriers in Palawan under R.A. 7611.

Aug 24, 2016legal-ethicsdisbarmentmoral-turpituderule-138supreme-court

Moral Turpitude and Attorney Disbarment: The Necessity of Final Conviction

Disbarment for moral turpitude requires a final conviction, not just pending criminal charges, as this case clarifies.

Aug 24, 2016treacherymurderrevised penal codecriminal lawsupreme court

Treachery Defined: How Sudden Attacks Qualify as Murder in Philippine Law

The Supreme Court explains treachery as a qualifying circumstance for murder, using a sudden shooting as a clear example of the rule.

Aug 24, 2016co-ownershippartitionunlawful detainercivil lawproperty lawejectment

Co-Ownership Rights and Partition Agreements: Understanding the Bulalacao-Soriano v. Papina Decision

A co-owner cannot sell a specific portion of common property; only co-owners may validly enter into partition agreements. Learn the rules.

Aug 24, 2016criminal lawdangerous drugsbuy-bust operationchain of custodyra 9165evidence

Buy-Bust Operations and Chain of Custody: Key Lessons from People v. Eda

The Supreme Court affirms a drug conviction, clarifying the elements of illegal sale and possession and the rules on chain of custody under RA 9165.