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显示第 6817–6840 篇,共 24,699 篇文章

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Sep 2, 2015unlawful detainerejectmenttolerancecivil lawpossessionevidence

Establishing Tolerance in Unlawful Detainer Cases: The Need for Concrete Evidence

Unlawful detainer requires proof of initial lawful possession by tolerance. Learn what evidence courts require and how to avoid dismissal.

Sep 2, 2015labor-lawprocedural-rulesrule-65certiorarinircappeal-period

Untimely Appeal: The Perils of Procedural Lapses in Labor Disputes

A Supreme Court ruling on how missing the 60-day appeal period in labor cases can cost a party the case entirely.

Sep 2, 2015poeainjunctionadministrative lawjudicial reviewlabor lawoverseas employment

Injunctions Against POEA Orders: Balancing Agency Authority and Judicial Review

When can courts enjoin POEA orders? The Supreme Court clarifies the limits of agency authority and judicial power in Principalia.

Sep 2, 2015banking lawset-offcompensationloansdepositshold-out

Breach of Contract: Upholding Banks' Right to Set Off Loans Against Deposits

Supreme Court rules banks may set off deposits against unpaid loans when valid hold-out agreements exist, reversing lower court rulings.

Sep 2, 2015criminal lawwarrantless arrestsearch and seizuredrugsevidencepresumption of innocence

Rape Conviction Affirmed Conspiracy AND THE Standard OF Proof Beyond Reasonable Doubt

Explore how the Supreme Court acquitted a drug suspect, emphasizing that a valid warrantless arrest must precede any search incident to arrest.

Sep 2, 2015rapesexual assaultcriminal lawrevised penal codeevidencesupreme court

When Force in Rape by Sexual Assault Is Proven: Carrera v. People

The Supreme Court affirms a rape by sexual assault conviction, clarifying how force and lack of voluntariness are established.

Sep 2, 2015qualified theftcarnappingbreach of trustanti-carnapping actrevised penal codesupreme court

Breach of Trust When Messenger Becomes Thief: Qualified Theft and Carnapping in Philippine Law

A messenger who took his employer's cash and motorcycle faced both carnapping and qualified theft charges. The Supreme Court explains the distinction.

Sep 2, 2015criminal-lawsearch-warrantchain-of-custodydangerous-drugsra-9165constitutional-rights

Search Warrants and Chain of Custody in Drug Cases: What the Posada Ruling Teaches

The Supreme Court upholds drug convictions, clarifying search warrant validity, chain of custody rules, and constitutional safeguards under RA 9165.

Sep 2, 2015criminal lawdrug caseswarrantless arrestsearch and seizureadmissibility of evidenceconstitutional rights

Unlawful Arrests and Admissibility of Evidence: Protecting Constitutional Rights in Drug Cases

When a warrantless arrest is invalid, evidence seized from the accused becomes inadmissible. Learn the rules from this Supreme Court ruling.

Sep 2, 2015banking lawjoint accountsfiduciary dutybad faithcivil codebank liability

Bank Liability for Unauthorized Joint Account Termination: BPI v. Fernandez

Supreme Court holds banks liable for releasing joint AND/OR account funds without required certificates, citing bad faith and breach of fiduciary duty.

Sep 2, 2015criminal lawillegal drugsra 9165buy-bust operationillegal deliverydangerous drugs

Beyond the Sale: Illegal Delivery of Drugs Under Philippine Law

The Supreme Court clarifies that handing over drugs without payment is illegal delivery under RA 9165, not mere possession.

Sep 2, 2015civil-procedurefailure-to-prosecutecounterclaimsrule-17motion-for-reconsideration

Failure to Prosecute and Counterclaims: Lessons from Roasters Philippines v. Gaviola

When can a case be dismissed for failure to prosecute, and what happens to counterclaims? The Supreme Court clarifies the rules.

Sep 1, 2015excise taxtax refundpetroleum productstax exemptionnircchevron

Excise Tax Refunds on Petroleum Products Sold to Tax-Exempt Entities in the Philippines

The Supreme Court clarifies when oil companies can claim excise tax refunds for fuel sold to tax-exempt entities like Clark Development Corporation.

Sep 1, 2015election lawcomelecdisqualificationsupreme courtphilippines

When the COMELEC Cannot Decide: The Legal Effect of a Split Vote

Explaining the Supreme Court ruling on what happens when the COMELEC en banc fails to muster a majority vote in election cases.

Sep 1, 2015legal ethicsduty of candordisbarmentcode of professional responsibilitysupreme courtpleading requirements

False Legal Credentials and a Lawyer's Duty of Candor to the Court

The Supreme Court suspended a lawyer for two years for using another counsel's professional details in pleadings, underscoring the duty of candor.

Aug 26, 2015vat refund120-day ruleequitable estoppeltax lawcircourt of tax appeals

VAT Refund Claims: The 120-Day Rule, Equitable Estoppel, and the San Roque Window

The Supreme Court clarifies when a premature VAT refund claim may still prosper under the San Roque doctrine and equitable estoppel.

Aug 26, 2015judicial ethicsinhibitionadministrative lawrules of courtexecutive judgesupreme court

Executive Judge’s Power to Act on Defective Judicial Inhibition Orders

SC clarifies that an executive judge may return a defective voluntary inhibition order to the judge, without usurping the Supreme Court’s sole power to reverse it.

Aug 26, 2015vat refundequitable estoppelbir rulingtax creditcta jurisdiction

Equitable Estoppel in VAT Refund Claims: Protection Against BIR Rulings

The Supreme Court protects taxpayers who relied on BIR Ruling No. DA-489-03, allowing premature VAT refund claims during the window period.

Aug 26, 2015administrative lawlegal ethicsres judicatanotarial practiceattorney disciplineburden of proof

Attorney Suspension Case Dismissed: Res Judicata and Burden of Proof in Administrative Cases

Supreme Court dismisses administrative complaint against lawyer, applying res judicata and the clear preponderance of evidence standard in disciplinary proceedings.

Aug 26, 2015maritime-law

Conflicting Medical Opinions IN Seafarer Disability Claims Upholding THE Company Designated Physicians Assessment

Aug 26, 2015real-estate-lawmortgagebad-faithtorrens-titlelender-due-diligencesupreme-court

Mortgagee in Bad Faith: Title Defects and Lender Responsibility in Real Estate Transactions

When a mortgagor lacks title at the time of mortgage, lenders cannot claim good faith protection. Learn from Claudio v. Saraza.

Aug 26, 2015agricultural leaseholdtenancyagrarian reformlandowner consentsecurity of tenurera 3844

Tenancy Rights: Why Landowner Consent Is Essential in Agricultural Leasehold

The Supreme Court clarifies that landowner consent is essential to create agricultural tenancy, rejecting implied tenancy claims without it.

Aug 26, 2015specific performancerescissionland salecontractual obligationscivil codereal estate law

Specific Performance vs Rescission: Upholding Contractual Obligations in Land Sales

Philippine Supreme Court clarifies when specific performance prevails over rescission in land sales, protecting the injured party's choice of remedy.

Aug 25, 2015civil procedurerecord on appealspecial proceedingsappealrules of court

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.