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显示第 7033–7056 篇,共 24,701 篇文章

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Jun 22, 2015foreclosuredeficiencyreal-estate-mortgageburden-of-proofcompulsory-counterclaimloan-recovery

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

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, 2015property-lawjurisdictionvenuertcmtcland-disputes

When Can RTCs Correct MTC Errors in Land Disputes? A Primer on Jurisdictional Boundaries

Explore when RTCs may correct MTC errors in land disputes, based on a 2015 Supreme Court ruling on venue and jurisdiction.

Jun 22, 2015ra 9262psychological violencedomestic abusevawccriminal law

Psychological Violence in Domestic Abuse: Defining Emotional Harm Under RA 9262

The Supreme Court clarifies how psychological violence under RA 9262 is proven, focusing on mental anguish rather than physical injury.

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 21, 2015criminal lawfalsificationvenuejurisdictionrevised penal codesupreme court

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Jun 17, 2015maritime-law

Liability IN Shipping Pinewood Marine Clarifies Agents Responsibility FOR Cargo Claims

Jun 17, 2015foreclosureredemptionwrit of possessionextrajudicial foreclosureproperty law

Redemption Rights and Time Limits: When the Clock Stops Ticking in Foreclosures

Understand when a foreclosure buyer gets possession, how redemption periods work, and why a donation mortis causa needs probate.

Jun 17, 2015legal ethicsdisbarmentcode of professional responsibilitylawyer negligenceadministrative case

Lawyer's Neglect of Appeal Brief: When Courts Dismiss Disbarment Cases

A lawyer who lets an appeal lapse violates the Code of Professional Responsibility, but death of the respondent can end the case.

Jun 17, 2015negligenceappealsfinality of judgmentdefaultcivil procedure

Negligence in Appeals: When a Lawyer's Delay Can Cost You Your Case

A party who sleeps on its rights cannot blame counsel for an abandoned appeal. Learn the finality rule.

Jun 17, 2015legal ethicscode of professional responsibilitylawyer disciplineobstruction of justiceadministrative casesupreme court

Upholding Legal Ethics: Disciplining Lawyers for Obstructing Justice and Misleading Courts

A lawyer's duty to the court outweighs loyalty to a client. Learn how obstruction and misleading courts lead to suspension.

Jun 17, 2015breach of contractunilateral terminationdamagescivil codeconstruction contract

Breach of Contract and Unilateral Termination: The Talampas v. Moldex Realty Case

When can a party unilaterally terminate a contract? The Supreme Court explains in Talampas v. Moldex Realty.

Jun 17, 2015maritime-lawseafarer disabilitypoea contractcompany-designated physicianlabor lawsupreme court

Seafarers Disability Upholding Company Doctors Assessment Absent Third Opinion

Philippine Supreme Court rules on seafarer disability claims, emphasizing company doctor assessments prevail absent third-doctor review under CBA.

Jun 17, 2015labor lawseafarer disabilityemployment contractcbapoea-sec

Upholding Workers Rights Interpreting Employment Contracts IN Favor OF Labor

The Supreme Court clarifies when a seafarer's disability becomes total and permanent, and how CBA conflict-resolution clauses bind the parties.

Jun 17, 2015forcible entryprior possessionejectmentproperty lawjurisdictionrule 70

Prior Possession Is Key in Philippine Forcible Entry Cases

Philippine forcible entry cases hinge on prior physical possession. The Supreme Court explains why in Alcedo v. Sagudang.

Jun 17, 2015malversationpublic fundsrevised penal codearticle 217government accountabilitycriminal law

Breach of Trust: Understanding Malversation of Public Funds in the Philippines

The Supreme Court explains the elements of malversation under Article 217 of the Revised Penal Code, including the presumption of misappropriation when funds are not forthcoming upon demand.

Jun 17, 2015prejudicial questionintra-corporate disputeestafacriminal procedurecorporation code

Intra-Corporate Disputes as Prejudicial Questions in Estafa Cases

When an intra-corporate dispute over officer authority can suspend criminal estafa proceedings, explained through a 2015 Supreme Court ruling.

Jun 17, 2015court of tax appealslocal taxationcertiorarijurisdictionreal property tax

CTA Has Exclusive Power Over Certiorari in Local Tax Cases, SC Rules

The Supreme Court clarifies that the CTA, not the CA, has exclusive jurisdiction over certiorari petitions assailing RTC interlocutory orders in local tax cases.

Jun 17, 2015reconveyanceestate settlementcivil procedureprobate courtjurisdictionsurvival of actions

Reconveyance Actions Survive Death and Stand Apart from Estate Proceedings

Philippine Supreme Court clarifies that reconveyance actions survive a party's death and proceed independently of estate settlement proceedings.

Jun 17, 2015eminent-domainjust-compensationagrarian-reformland-bankra-6657property-law

Just Compensation in Eminent Domain: Balancing Judicial Discretion and Statutory Guidelines

The Supreme Court clarifies how courts must balance judicial discretion with statutory guidelines in determining just compensation for agrarian reform lands.

Jun 17, 2015administrative-lawlabor-lawillegal-dismissalemployer-employee-relationshipdue-processsupreme-court

Upholding Due Process and Proving Employer-Employee Relationship in Philippine Labor Cases

Philippine Supreme Court clarifies the burden of proof in illegal dismissal cases and the four-fold test for employer-employee relationship.

Jun 17, 2015criminal lawtheftintent to gainrevised penal codesupreme court

Intent to Gain in Theft: Proving Criminal Intent Beyond Reasonable Doubt

How Philippine courts establish intent to gain in theft cases, explained through the Supreme Court's ruling in Medina v. People.

Jun 17, 2015res judicatasplitting of causes of actionbreach of contractcivil procedurecompromise agreement

Res Judicata Bars Repeated Lawsuits for the Same Breach of Contract

A single breach of contract gives rise to only one cause of action. Learn how the Supreme Court applied res judicata to bar a second lawsuit.

Jun 17, 2015criminal-law

Dying Declarations AND Treachery Establishing Guilt IN Murder Cases Under Philippine LAW