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显示第 6289–6312 篇,共 24,692 篇文章

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Apr 20, 2016civil lawproperty transfersimulated contractdonationsaleco-ownership

Sale vs Donation: How Courts Determine the True Intent Behind Property Transfers

Philippine Supreme Court explains how to distinguish a simulated donation from a real sale, and why building a house on another's land does not create co-ownership.

Apr 20, 2016estafafalsificationcriminal lawpublic documentssupreme court

Estafa Through Falsification: When Deceit and Forged Documents Overlap

Philippine Supreme Court ruling on estafa through falsification of public documents, explaining deceit, forged signatures, and criminal liability.

Apr 20, 2016criminal-lawrapecredibilityevidencesupreme-courtrevised-penal-code

Credibility of a Rape Survivor's Positive Identification and Corroborating Evidence in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining how a victim's credible, positive identification and corroborating evidence outweigh defenses of denial and minor inconsistencies.

Apr 20, 2016sheriffvoluntary surrenderadministrative lawcode of conductbailcourt personnel

When Can a Sheriff Accept a Voluntary Surrender? Scope of Authority Explained

The Supreme Court clarifies that sheriffs cannot accept an accused's voluntary surrender without a court order, ruling it simple misconduct.

Apr 20, 2016forum shoppingtax litigationcourt of tax appealscivil procedurecertification against forum shopping

Forum Shopping Requisites and Exceptions in Tax Litigation: Commissioner of Customs v. Pilipinas Shell

The Supreme Court clarifies the three elements of forum shopping and when filing separate cases in different courts is allowed.

Apr 20, 2016civil-lawproperty-disputesgood-faith-buyerrule-45supreme-courtremand

Determining Good Faith Remand FOR Trial ON Property Ownership Disputes

When can the Supreme Court remand a property dispute for trial? Learn from Toledo v. Court of Appeals on good faith buyers.

Apr 20, 2016treacherymurdercriminal lawcivil liabilitydeath of accusedrevised penal code

Treachery in Criminal Law: Ensuring Justice for Victims of Violent Crimes in the Philippines

When an accused dies pending appeal, criminal liability ends—but civil liability may survive. Learn the rules from a recent Supreme Court ruling.

Apr 20, 2016legal-ethics

Upholding Client Loyalty THE Prohibition Against Representing Conflicting Interests IN Legal Practice

Apr 20, 2016replevinjurisdictioncar financingemployer-employeecivil procedurechattel mortgage

Replevin vs Employer-Employee Relationship: Clarifying Jurisdiction in Car Financing Disputes

Supreme Court clarifies that replevin actions arising from car financing agreements are civil in nature, not labor disputes, regardless of employer-employee ties.

Apr 20, 2016trademarkintellectual propertyappealrule 43levi straussprocedure

Untimely Appeal: When Delays in Filing Cost Levi's Its Trademark Protection

The Supreme Court rules that failing to perfect a timely appeal to the Court of Appeals is jurisdictional, costing Levi Strauss its TAB DEVICE trademark.

Apr 20, 2016criminal-lawdeath-of-accusedextinguishment-of-liabilitycivil-liabilityrevised-rules-of-criminal-procedure

Death Abates Criminal Liability: Extinguishment of Penalties and Civil Obligations in Philippine Law

Explaining the Supreme Court rule that death extinguishes criminal liability and penalties, and its effect on civil liability in Philippine criminal cases.

Apr 20, 2016forfeitureforeclosuredue processill-gotten wealthsandiganbayansubrogation

Forfeiture vs Foreclosure: Due Process in Ill-Gotten Wealth Cases

The Supreme Court rules that the State, as subrogee-creditor of forfeited assets, cannot sell mortgaged shares without foreclosure proceedings.

Apr 20, 2016conflict of interestlegal ethicscode of professional responsibilityadministrative lawlawyer suspensiondisbarment

Lawyer Suspended for Conflict of Interest: When a Former Client Becomes an Adversary

The Supreme Court suspended a lawyer for six months for representing siblings against a former client, violating Rule 15.03 of the Code of Professional Responsibility.

Apr 20, 2016tax amnestydocumentary stamp taxrevenue memorandum circularbiradministrative lawsupreme court

Tax Amnesty Administrative Rules Cannot Override Statutory Law

Supreme Court ruling on ING Bank v. CIR: BIR revenue circulars cannot override the Tax Amnesty Act of 2007.

Apr 20, 2016agrarian reformtenancyhome lotdarablandholder obligationsproperty law

Home Lot Entitlement in Agrarian Disputes: Landholder Obligations and Tenant Rights

Who must provide home lots to agrarian tenants? The Supreme Court clarifies landholder obligations and tenant rights in a 2016 ruling.

Apr 20, 2016administrative lawjudicial accountabilityundue delayocacode of judicial conduct

Accountability in the Judiciary: When Delayed Justice Leads to Administrative Fines

The Supreme Court fined a judge equivalent to three months' salary for undue delay in deciding cases and insubordination, underscoring judicial accountability.

Apr 20, 2016civil-law

Cause OF Action Annulment OF Sheriffs Sale Based ON Alleged Loan Payment

Apr 19, 2016labor-lawgocccompensationcoadisallowancepcso

Navigating Compensation in GOCCs: PCSO COLA Disallowance and the Limits of Board Authority

The Supreme Court affirms COA's disallowance of PCSO's cost of living allowance, clarifying limits on GOCC board authority over compensation.

Apr 19, 2016administrative lawjudicial accountabilityneglect of dutyrule 140supreme court

Judicial Accountability: Neglect of Duty and the Limits of Medical Justification

The Supreme Court holds that a judge's poor health cannot excuse gross neglect of duty, imposing fines on a retired judge for delays.

Apr 19, 2016legal ethicscode of professional responsibilityadministrative lawsupreme courtdisbarmentjudicial integrity

Attorney Accountability for Defamatory Imputations Against Courts

Supreme Court suspends two lawyers for a checkbook entry implying the Sandiganbayan took a P2M bribe for a TRO.

Apr 19, 2016labor lawtermination noticelabor codecorporate meetingsnotice requirementphilippines

Valid Notice in Corporate Meetings: Mailing vs Receipt in the Philippines

Learn when termination notices are valid in the Philippines—mailing vs receipt, and the 30-day rule under the Labor Code.

Apr 19, 2016labor-lawillegal-dismissalretrenchmentvoluntary-resignationsecurity-of-tenuresupreme-court

Voluntary Resignation vs Illegal Dismissal: Retrenchment and Employee Rights

When does a resignation during retrenchment become illegal dismissal? The Supreme Court clarifies the rules on voluntary resignation and employee rights.

Apr 19, 2016administrative-lawdishonestypublic-servicedismissalethicssupreme-court

Upholding Ethical Standards: Dismissal for Dishonesty in Public Service

Philippine Supreme Court ruling on dismissal for dishonesty in public service, explaining ethical standards and consequences for government employees.

Apr 19, 2016labor lawbusiness closurenotice requirementterminationlabor codeemployee rights

Notice Requirement in Business Closure: Protecting Employee Rights

Learn the 30-day notice rule for business closure under Philippine labor law, and what counts as compliance.