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显示第 7009–7032 篇,共 24,701 篇文章

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Jun 29, 2015criminal-lawcivil-liabilityacquittalevidencerevised-penal-code

Acquittal Based on Lack of Evidence Understanding Civil Liability in Philippine Law

Philippine Supreme Court clarifies when acquittal does not erase civil liability, explaining the distinction between criminal and civil responsibility.

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, 2015acceptance feeattorney's feelegal ethicsdisbarmentlawyer compensationsupreme court

Acceptance Fee vs Attorney's Fee: What Clients Should Know

The Supreme Court clarifies the difference between acceptance fee and attorney's fee in legal representation, and when a lawyer must return payments.

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, 2015property-lawpublic-land-actfree-patentvoid-contractlachesland-titling

Protecting Public Land: The Nullity of Sales Within the Five-Year Prohibitory Period

A sale of free patent land within five years is void ab initio, imprescriptible, and cannot be cured by laches.

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 23, 2015mortgagecondominiumpd 957hlurbbuyer protectionreal estate

Mortgage Nullification and Condominium Buyer Protection: Balancing Rights and Obligations

Supreme Court clarifies that a condominium buyer can nullify a mortgage only insofar as it affects their unit, not the entire mortgage.

Jun 23, 2015administrative lawpublic trustjudiciary collectionsgross neglect of dutydismissalcourt personnel

Breach of Public Trust: Dismissal for Non-Remittance of Judiciary Collections

Supreme Court affirms dismissal of court OIC who failed to remit P177,838.24 in judiciary funds, citing breach of public trust.

Jun 23, 2015writ of amparoimmigrationdeportationbureau of immigrationenforced disappearanceforum shopping

Writ of Amparo Not a Shield for Deportation: Mison v. Gallegos

The Supreme Court clarifies that the writ of amparo covers only extrajudicial killings and enforced disappearances, not ordinary immigration detention.

Jun 22, 2015property lawmotion for reconsiderationfinality of judgmentreal estate mortgagecivil proceduresupreme court

Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis

Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.

Jun 22, 2015criminal-lawmurdertreacheryeyewitness-testimonycredibilityrevised-penal-code

Eyewitness Testimony and Treachery: Upholding Murder Conviction Despite Credibility Challenges

The Supreme Court affirms murder convictions based on credible eyewitness testimony, explaining how treachery qualifies the crime and why minor inconsistencies do not defeat a prosecution.

Jun 22, 2015tax amnestyra 9399economic zonesvatexcise taxpuregold

Tax Amnesty and Economic Zones: Puregold Case on VAT and Excise Tax Liabilities

Supreme Court ruling on RA 9399 tax amnesty covering VAT and excise tax liabilities of Clark ecozone enterprises.

Jun 22, 2015maritime-lawseafarer-disabilitypoea-sectemporary-total-disabilitysupreme-court

Seafarers Disability Navigating THE 120 240 DAY Rule FOR Entitlement TO Benefits

The Supreme Court clarifies that the 120-day rule does not automatically make a seafarer's disability permanent, explaining the 240-day extension.

Jun 22, 2015local-government-lawproperty-rightspublic-safetyurban-planningmanilazoning

Oil Depot Relocation Balancing Public Safety AND Property Rights IN Manila

A look at how Philippine courts weigh public safety concerns against private property rights in urban redevelopment cases.

Jun 22, 2015forged deedtorrens systeminnocent purchaserland titleannulment of salesupreme court

Forged Deeds vs Innocent Purchasers: Protecting Land Rights in the Philippines

Philippine Supreme Court clarifies when forged deeds defeat innocent purchaser protection under the Torrens system.

Jun 22, 2015criminal-lawself-defensetreacheryunlawful-aggressionmurderrevised-penal-code

Self-Defense and Treachery: Unlawful Aggression as the Foundation of a Justifying Circumstance

How the Supreme Court clarified that self-defense requires unlawful aggression, and why treachery can still qualify a killing as murder.

Jun 22, 2015civil-lawsupervening-eventsfinal-judgmentrestitutionexecutionrules-of-court

Supervening Events and Restitution: When Final Judgments Can Be Overturned

Philippine Supreme Court ruling on when supervening events justify setting aside final judgments and ordering restitution of executed amounts.

Jun 22, 2015writ of possessionthird-party claimright of redemptionexecution salecivil procedure

Writ of Possession, Third-Party Claims, and Redemption Rights in Property Disputes

A writ of possession cannot evict third parties holding property adversely to the judgment obligor. Explaining Sio Tiat King v. Lim.

Jun 22, 2015criminal-lawhomicidetumultuous-affrayrevised-penal-codeintent-to-killsupreme-court

Reckless Assault or Intent to Kill: Distinguishing Homicide from Tumultuous Affray

The Supreme Court clarifies when a mauling that causes death is Homicide, not Death Caused in a Tumultuous Affray, and explains intent-to-kill rules.

Jun 22, 2015rapesexual assaultincestcriminal lawreasonable doubtrevised penal code

Rape by Sexual Assault: Proving Guilt Beyond Reasonable Doubt in Incest Cases

The Supreme Court clarifies how rape by sexual assault is proven and penalized when a father assaults his minor daughter.

Jun 22, 2015labor lawcertiorariprocedural rulesillegal dismissalnlrcsupreme court

Appeal Bonds and the 60-Day Certiorari Rule: When Substantial Justice Cannot Save a Late Petition

The Supreme Court clarifies that the 60-day period for filing a petition for certiorari is jurisdictional and cannot be extended for mere lawyer workload.

Jun 22, 2015forgerytorrens systemregistered landgood faith purchaserproperty lawannulment of sale

Forgery vs Good Faith: Protecting Registered Land Owners in Property Disputes

Philippine Supreme Court clarifies when buyers of forged deeds can claim good faith protection and when registered owners keep their title.

Jun 22, 2015civil-procedurecertiorarirule-65labor-lawillegal-dismissalsupreme-court

Substantial Justice vs. Procedural Rules: When Late Certiorari Petitions Are Dismissed

The Supreme Court clarifies when the 60-day certiorari period may be relaxed, and why heavy workload is not a valid excuse.

Jun 22, 2015maritime lawseafarer disabilitypoea-seccompany-designated physicianpermanent disabilitylabor law

Seafarer Disability Claims: The Weight of Company-Designated Physician Assessments

Learn how the Supreme Court ruled on seafarer disability claims, emphasizing the company-designated physician's assessment and timely procedures under the POEA-SEC.