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显示第 6985–7008 篇,共 24,701 篇文章

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Jul 1, 2015administrative lawclerk of courtjudicial overreachwrit of preliminary injunctionrules of courtmisconduct

Clerk of Court Authority: The Fine Line Between Administration and Judicial Overreach

A clerk of court added a phrase to a writ beyond the judge's order. The Supreme Court explains why that was judicial overreach.

Jul 1, 2015insurance lawsurety bondswrongful attachmentcivil proceduredue process

Surety Bond Liability and Due Process in Wrongful Attachment Cases

Learn when surety bonds can be enforced after wrongful attachment, and the due process rules that protect sureties in Philippine courts.

Jul 1, 2015lachesprescriptionproperty lawcivil codetorrens titlesupreme court

Sleeping on Your Rights: Laches and Prescription in Property Disputes

The Supreme Court explains when a property claim fails due to laches and prescription, even for registered land.

Jul 1, 2015theftcriminal proceduredouble jeopardyright to be informedrevised penal code

Theft Charges and Double Jeopardy: Why the Right Charge Matters

A conviction for consummated theft was reduced to attempted theft because the information only charged frustrated theft. Learn why proper charges matter.

Jul 1, 2015illegal recruitmenteconomic sabotageestafalabor lawoverseas employmentra 8042

Accountability in Recruitment: Penalizing Illegal Recruiters for Economic Sabotage and Estafa

Learn how Philippine courts penalize illegal recruitment as economic sabotage and estafa, and what this means for overseas job seekers.

Jul 1, 2015prescriptionlachesimplied trustcivil lawshares of stockinheritance

Trust or Time: Prescription in Disputes Over Inherited Shares

Supreme Court clarifies when prescription and laches may bar claims over shares held in implied trust, remanding Dy Sun-Ong v. Dy Sun for trial.

Jul 1, 2015corporate lawdirector removalcorporation codeby-lawsstockholders meetingsec

Corporate Governance Upholding By-Laws in Director Removal Disputes

Supreme Court rules on invalid director removal, by-law compliance, and ratification limits in corporate governance disputes.

Jul 1, 2015insurance lawdrunk drivingburden of proofinsurance claimscivil procedure

Insurance Claim Denied for Drunk Driver: Proving Intoxication in Philippine Law

Philippine Supreme Court ruling on when insurers may deny claims due to driver intoxication and the evidence required.

Jul 1, 2015property lawland registrationlachesprescriptionphilippine jurisprudence

Land Registration and Laches: Strict Proof Required in Vega-Era Property Disputes

A Supreme Court ruling shows that registered landowners who sleep on their rights for decades can lose their claim through laches and extinctive prescription.

Jul 1, 2015property lawlachesprescriptiontorrens titlephilippine jurisprudence

Forged Signatures and Property Rights: How Laches and Prescription Can Defeat a Land Claim

A Supreme Court ruling shows why delay can destroy a landowner's claim, even when fraud is alleged, and how laches and prescription bar stale property suits.

Jul 1, 2015criminal-lawbuy-bustdangerous-drugsra-9165chain-of-custodyillegal-sale

Buy-Bust Operations: Ensuring Legality and Upholding Rights in Drug Cases

The Supreme Court affirms that buy-bust operations remain valid even without PDEA participation, provided the chain of custody and rights are observed.

Jul 1, 2015insurance lawintoxicationburden of proofevidencecivil law

Intoxication and Insurance Claims: Proving Driver Intoxication to Avoid Liability

The Supreme Court held that an insurer cannot deny an insurance claim by merely alleging driver intoxication without clear, credible, and convincing evidence.

Jul 1, 2015judiciary fundsadministrative casecourt employeeoca circularpublic accountability

Court Employee Fined for Delayed Deposit of Judiciary Funds: Accountability Rules

Court employee fined P10,000 for delayed remittance of judiciary funds; SC clarifies duty to deposit collections within 24 hours.

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.

Jun 30, 2015demolitiondue processproperty rightsra 7279national building codelocal government

Demolition Orders and Due Process: Key Lessons from the Alangdeo Case

The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.

Jun 30, 2015local taxationsocialized housing taxgarbage feequezon citylocal government codereal property tax

Garbage Fees and Socialized Housing Tax: When Local Levies Go Beyond Legal Limits

The Supreme Court ruled on Quezon City's power to impose garbage fees and socialized housing tax under the Local Government Code.

Jun 29, 2015suretycontinuing guarantybanking lawcivil codecontract law

Revocation and Renewal: Understanding Surety Obligations in Philippine Banking

When a continuing surety expires or is revoked, a bank cannot hold the surety liable for loans made after that point.

Jun 29, 2015civil proceduredefault admissionloan documentscollection suitrules of courtsuretyship

Default Admissions in Philippine Civil Cases: The Go Tong Ruling on Loan Documents

A general denial does not defeat a loan claim. Learn how Rule 8 admissions shape collection suits in the Philippines.

Jun 29, 2015bp 22bouncing checksfinality of judgmentcriminal procedurefinesumbilla v. matrix finance

Sumbilla v. Matrix Finance: When Courts Correct Excessive Penalties in Final Bouncing Check Cases

The Supreme Court relaxed the finality rule to correct an excessive fine in a BP 22 conviction, protecting debtors from penalties beyond the law's limits.

Jun 29, 2015criminal lawbatas pambansa blg 22bouncing checksfinal judgmentpenaltysubstantial justice

When a Final Judgment Violates the Law on Bouncing Checks: Correcting an Excessive Penalty

The Supreme Court corrected an excessive fine in a final BP 22 conviction, showing when final judgments may be modified.

Jun 29, 2015maritime-lawseafarer-death-benefitspoea-standard-employment-contractwork-related-illnessofw-rightssupreme-court-ruling

Seafarer Death Benefits: Proving Work Relatedness and Contractual Obligations

Philippine Supreme Court clarifies when seafarer death benefits are payable under the POEA Standard Employment Contract, emphasizing work relatedness and contract term.

Jun 29, 2015criminal-lawcircumstantial-evidenceprobable-causerape-with-homicideevidencesupreme-court

Uncorroborated Testimony and Probable Cause: Safeguarding Against Baseless Accusations

How Philippine courts use circumstantial evidence to convict in rape-with-homicide cases while protecting the accused from baseless accusations.

Jun 29, 2015criminal lawbp 22final judgmentspenaltiessupreme courtprocedural rules

When Courts Can Correct Final Judgments: Erroneous Penalties in the Philippines

Philippine Supreme Court explains when final and executory judgments may be corrected for erroneous penalties, citing Sumbilla v. Matrix Finance.

Jun 29, 2015agrarian reformcomprehensive agrarian reform programdarnotices of coveragera 8532ra 6657

R.A. 8532 Extends DAR Authority to Issue Notices of Coverage Beyond 1998

The Supreme Court clarifies that R.A. 8532 extended the DAR's authority to issue Notices of Coverage beyond the original 10-year CARP period.