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显示第 6961–6984 篇,共 24,701 篇文章

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Jul 8, 2015surety-bondindemnitycontract-lawcivil-codesupreme-courtphilippines

Surety Bonds and Indemnity: Why Renewal Disputes Don't Erase Contractual Liability

Philippine Supreme Court rules that a deed of indemnity authorizing bond renewals binds signatories even without separate consent to each renewal.

Jul 8, 2015preliminary injunctiongrave abuse of discretionextrajudicial foreclosurewrit of possessioncivil procedure

Preliminary Injunctions, Grave Abuse of Discretion, and Protection of Substantive Rights

When can a court issue a preliminary injunction against a foreclosure purchaser? Learn the rules from a 2015 Supreme Court ruling.

Jul 8, 2015certiorarimotion for reconsiderationrules of courtcivil proceduresupreme court

Certiorari Not a Substitute for Appeal: Lessons from Nuque v. Aquino

The Supreme Court reiterates that certiorari cannot replace a lost appeal, and a motion for reconsideration is generally required before filing one.

Jul 8, 2015land registrationheirs rightsproperty disputesstanding to suecivil lawsupreme court

Standing to Sue, Heirs' Rights, and Property Disputes in the Philippines

Philippine Supreme Court ruling on land registration, heirs' rights, and the standing of the Republic to oppose property claims.

Jul 8, 2015labor-lawproject-employeesecurity-of-tenureconstruction-industryillegal-dismissalregular-employment

Project vs Regular Employment: Security of Tenure in Construction

Philippine Supreme Court clarifies when construction workers are project employees and how employers prove project employment.

Jul 8, 2015real-estate-lawforeclosurewrit-of-possessionmortgagepreliminary-injunctionredemption-period

Foreclosure Purchaser's Right to Possession Prevails Over Pending Mortgage Disputes

Supreme Court rules foreclosure sale purchaser may take possession despite pending mortgage annulment case, clarifying Philippine real estate law.

Jul 8, 2015corporate lawpiercing corporate veilcorporation codepersonal liabilitydirectors liabilityphilippine supreme court

Piercing the Corporate Veil: When Directors Face Personal Liability for Corporate Debts

The Supreme Court clarifies when corporate directors may be held personally liable for corporate debts, requiring clear and convincing evidence of bad faith or fraud.

Jul 8, 2015criminal-lawrapevictim-testimonycredibilityrevised-penal-codesupreme-court

Rape Conviction Upheld: Victim Testimony Prevails Over Minor Inconsistencies

Supreme Court affirms rape conviction, ruling that minor inconsistencies in victim testimony do not impair credibility when the essential facts are clearly established.

Jul 8, 2015certiorarimotion for reconsiderationpreliminary injunctiontemporary restraining ordercivil procedurerule 65

Certiorari Limitations: Why a Motion for Reconsideration Is Key in Injunction Cases

The Supreme Court clarifies when certiorari lies against injunction rulings and why a motion for reconsideration is essential.

Jul 8, 2015filiationillegitimate childreninheritancecivil lawfamily codesuccession

Establishing Filiation: The Complexities of Inheritance Rights for Illegitimate Children in the Philippines

The Supreme Court clarifies how illegitimate children prove filiation and inherit, and why unprobated wills fail in estate claims.

Jul 8, 2015corporate lawpiercing the corporate veildebt recoverycorporation codealter ego doctrinecivil law

Piercing the Corporate Veil: When Debt Recovery Fails Against Corporate Officers

The Supreme Court clarifies when creditors can hold corporate officers personally liable for corporate debts under the alter ego doctrine.

Jul 8, 2015family codefamily homeres judicataexecutioncreditor rightscivil law

Family Home Exemptions, Res Judicata, and Execution Sales Under the Family Code

Supreme Court clarifies when a family home may be sold on execution and how res judicata bars relitigating its value.

Jul 8, 2015land registrationalienable and disposablepublic domainsurvey planproperty lawtorrens system

Land Registration: Proving Alienability Beyond Survey Plan Annotations

The Supreme Court clarifies what evidence proves a land is alienable and disposable for registration, examining survey plan annotations and certifications.

Jul 8, 2015maritime lawseafarers disabilitypoea-seccompany-designated physicianlabor law

Seafarers Disability: Why Timely Medical Assessment by Company Doctors Matters

A seafarer's unresolved medical condition beyond 240 days can be deemed total and permanent disability. Learn the rules.

Jul 7, 2015acquisitive prescriptiontorrens titleland ownershipreconveyanceadverse possessionphilippine law

Can Acquisitive Prescription Defeat a Torrens Title? The Dy v. Yu Ruling

The Supreme Court explains when long-term adverse possession can defeat a Torrens title, despite the system's guarantee of indefeasibility.

Jul 7, 2015legal ethicscode of professional responsibilityattorney suspensionsettlement fundsclient trust

Upholding Client Trust: Lawyer Suspended for Mismanaging Settlement Funds and Unauthorized Agreements

A lawyer who settled a client's case without consent and kept the P100,000 proceeds was suspended for two years and ordered to return the money.

Jul 6, 2015rapesweetheart defenseconsentcriminal lawsupreme courtpeople v victoria

Rejection of the Sweetheart Defense in Rape Cases: Consent Beyond Affection

The Supreme Court clarifies that a "sweetheart defense" in rape cases requires proof of both a romantic relationship and genuine consent to the sexual act.

Jul 6, 2015tax lawstatutory constructionfranchise taxexcise taxphilippine airlinestax exemption

PAL Tax Exemption: Special Franchise Law Prevails Over General Tax Code

Supreme Court affirms PAL's tax exemption on commissary imports, ruling special franchise law P.D. 1590 prevails over general tax code R.A. 9334.

Jul 6, 2015corporate lawcorporation codeboard of directorspreliminary injunctiongrave abuse of discretion

Corporate Control Belongs to the Board, Not External Agreements

Supreme Court rules the board of directors holds corporate control, voiding external agreements that bypass it.

Jul 6, 2015ancestral domainindigenous peoples rightsproperty lawcalauit islandcadastreland rights

Ancestral Domain vs Resettlement: Calauit Island Land Rights Resolved

Supreme Court rules CADT issuance renders Calauit settlers' eviction case moot, recognizing Tagbanua ancestral domain rights.

Jul 6, 2015statutory rapecriminal lawreclusion perpetuaparolerevised penal codechild protection

Protecting Childhood: Statutory Rape and the Rule on Parole Ineligibility

The Supreme Court affirms a statutory rape conviction and clarifies that offenders face reclusion perpetua without eligibility for parole.

Jul 6, 2015civil proceduresummonsjurisdictiondomestic corporationrule 14service of summons

Strict Compliance Required for Serving Summons on Domestic Corporations

The Supreme Court clarifies that service of summons on domestic corporations must strictly follow Rule 14, Section 11, or the court lacks jurisdiction.

Jul 6, 2015labor lawillegal dismissalloss of trust and confidencebreach of trustlabor code

Breach of Trust as Ground for Dismissal: Manager's Dishonest Dealings Upheld

Supreme Court affirms dismissal of a manager who failed to account for funds and licenses, ruling that loss of trust and confidence was justified.

Jul 1, 2015tax-lawlocal-government-codetax-refundsection-195jurisdictioncourt-of-tax-appeals

Local Tax Refund Claims: Timeliness and Jurisdiction Under Section 195 LGC

Strict deadlines and the right court matter in local tax refund claims. China Banking Corp. v. City Treasurer of Manila explains why.