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显示第 6409–6432 篇,共 24,693 篇文章

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Mar 8, 2016sheriffswrit of executionadministrative liabilitymisconductrules of courtexecution of judgments

Sheriffs Must Enforce Writs of Execution Strictly or Face Administrative Liability

A sheriff who accepts less than the full amount stated in a writ of execution and labels it full satisfaction commits simple misconduct.

Mar 8, 2016judicial ethicsundue delayadministrative casejudgescode of judicial conduct

Judicial Efficiency: Timely Resolution of Cases and Disciplinary Action for Undue Delay

The Supreme Court holds judges accountable for undue delay in resolving cases, imposing fines for violations of the 90-day rule.

Mar 7, 2016mining lawadministrative lawdenrexhaustion of administrative remediesprimary jurisdictionphilippine mining act

Mining Rights: Exhaustion of Administrative Remedies and the DENR Secretary's Authority

The Supreme Court clarifies when courts can review mining disputes, the DENR Secretary's administrative powers, and the need to exhaust remedies.

Mar 7, 2016refugee law1951 refugee conventiondoj-rsppuburden of proofimmigrationwell-founded fear

Refugee Status Determination in the Philippines: The "Reasonable Degree" Standard

The Supreme Court clarifies the shared burden of proof and the "reasonable degree" threshold for refugee status determination in the Philippines.

Mar 7, 2016mining lawadministrative lawdenrexhaustion of administrative remediesprimary jurisdictionmpsa

Mining Rights: Exhaustion of Administrative Remedies and DENR Secretary Authority

Philippine Supreme Court clarifies that DENR Secretary's approval of mining agreements is administrative, not quasi-judicial, requiring exhaustion of administrative remedies.

Mar 2, 2016agrarian reformsecurity of tenuretenant evictionagricultural leaseholdra 3844

Security of Tenure: Landowner Must Prove Grounds for Tenant Eviction Under Agrarian Reform Law

The Supreme Court clarifies that landowners bear the burden of proving lawful grounds for tenant eviction, and unlawful lease rentals cannot justify dispossession.

Mar 2, 2016tax-law

Untimely Filing Dooms VAT Refund Claim Navigating Jurisdictional Deadlines IN TAX Appeals

Mar 2, 2016criminal procedurepre-trialgrave abuse of discretionfair trialrules of courtsupreme court

Trial Court Discretion and Fair Trial: Nullifying Pre-Trial Proceedings

Supreme Court clarifies when a trial court may nullify pre-trial proceedings and the limits of judicial discretion in criminal cases.

Mar 2, 2016free patentpublic land actreconveyanceprescriptionland title

Void Free Patent Sales: When Buying Land Too Soon Means Losing It

Buyers of free patent land must wait five years before buying; early sales are void and the buyer only gets the price back.

Mar 2, 2016bangko sentraljurisdictionlegal representationcivil procedurereal propertygovernment corporate counsel

BSP Can Use Private Counsel: Supreme Court Clarifies Jurisdiction and Representation Rules

Supreme Court rules on BSP's authority to engage private counsel and RTC jurisdiction over real property disputes.

Mar 2, 2016civil-proceduresubstitution-of-partiesdue-processestate-proceedingsrule-3execution-of-judgment

Substitution of Parties: Due Process Prevails Despite Procedural Lapses in Estate Cases

Philippine Supreme Court rules that failure to formally substitute deceased parties is not fatal when heirs actively participate in the case.

Mar 2, 2016attorney disqualificationcontingency feesconflict of interestcivil code article 1491void contractslegal ethics

Attorney Disqualification: The Limits of Contingency Fees and Conflicts of Interest

Philippine Supreme Court ruling on lawyers acquiring client property during litigation, void contracts, and contingency fee limits.

Mar 2, 2016civil proceduresubstitution of heirsdue processrule 3death of party

Substitution of Heirs and Due Process in Continuing Litigation After a Party's Death

Philippine Supreme Court clarifies when failure to formally substitute deceased parties does not violate due process in ongoing civil cases.

Mar 2, 2016property-lawpublic-land-actfree-patentreconveyanceland-titlesprescription

Land Conveyance and Public Land Act Alienation Restrictions: A Guide to Reconveyance

Learn how the Public Land Act's five-year ban on selling free patent land affects property sales and reconveyance actions in the Philippines.

Mar 2, 2016preliminary injunctionproperty disputesstatus quocivil proceduresupreme court

Preliminary Injunction Preserving the Status Quo in Property Disputes

The Supreme Court clarifies when a preliminary injunction may issue in property disputes, emphasizing the need to preserve the status quo and the limits of such relief.

Mar 2, 2016bangko sentralprivate counseljurisdictionreal propertymonetary boardcivil procedure

BSP Authority to Engage Private Counsel and Jurisdiction in Legal Proceedings

Supreme Court clarifies BSP's power to hire private counsel and RTC jurisdiction over real property cases involving assessed value.

Mar 2, 2016criminal-lawself-defensehomicideincomplete-self-defenserevised-penal-codesupreme-court

Incomplete Self-Defense: When a Knife Is Not a Reasonable Means in Homicide Cases

The Supreme Court explains when a knife against a belt buckle fails the "reasonable necessity" test for incomplete self-defense in homicide.

Mar 2, 2016property-lawfree-patentpublic-land-actreconveyanceprescriptionland-sales

Voiding Land Sales Under Free Patent: The Five-Year Restriction on Alienation

When can a sale of free patent land be void? The Supreme Court explains the five-year ban and its consequences.

Mar 1, 2016sheriffsadministrative lawwrit of executiondishonestygross neglect of dutyrules of court

Sheriffs Duty to Remit Payments and Execute Writs Promptly: Mahusay v. Gareza

A sheriff who withholds collected payments and delays writ execution faces dismissal. The Supreme Court's ruling in Mahusay v. Gareza explained.

Mar 1, 2016election lawhretnuisance candidateelectoral tribunalcomelecelection protest

Electoral Tribunals and Nuisance Candidates: Jurisdiction After Proclamation

The Supreme Court clarifies that the HRET cannot declare a candidate a nuisance candidate once the COMELEC's ruling has become final.

Feb 29, 2016tax assessmentbureau of internal revenueprescriptiondue processcourt of tax appeals

Proving Receipt of Tax Assessment Notices: CIR v. GJM Philippines

The Supreme Court clarifies that the BIR must prove a taxpayer actually received a tax assessment notice, or the assessment may be void.

Feb 29, 2016civil-lawsuccessionheirs-obligationsstatute-of-fraudslegal-interestinheritance

Heirs Obligations Settling Debts Before Inheritance Distribution

Philippine Supreme Court ruling on heirs' duty to settle decedent's debts before inheritance distribution, including interest rules.

Feb 29, 2016property-lawforeign-ownershiplease-agreementsconstitutional-lawunlawful-detainersupreme-court

Foreign Land Ownership Restrictions Lease Agreements As Virtual Transfers

Supreme Court voids 100-year lease to foreigner as virtual transfer of land ownership, reaffirming constitutional ban on alien landholding.

Feb 29, 2016criminal lawrapemental retardationrevised penal codesupreme courtconsent

Rape of a Person Deprived of Reason: How Philippine Law Protects Mentally Retarded Victims

In People v. Rodriguez, the Supreme Court clarified that carnal knowledge of a mental retardate is rape of a person deprived of reason under the Revised Penal Code.