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显示第 7153–7176 篇,共 24,701 篇文章

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Mar 25, 2015assignment of rightscontract lawcivil codesubrogationphilippine supreme court

Assignment of Contractual Rights: Consent Requirements and Third Party Obligations in Philippine Law

Philippine Supreme Court clarifies when contractual assignment binds the debtor and when assignee consent is required under Civil Code.

Mar 25, 2015criminal-lawtreacheryself-defensemurderrevised-penal-codesupreme-court

Treachery and Self-Defense: Defining the Boundaries of Justifiable Homicide in the Philippines

The Supreme Court explains when a sudden attack amounts to treachery and why claiming self-defense requires proving unlawful aggression.

Mar 25, 2015civil procedurefailure to prosecuteres judicataconstruction contractdamagessupreme court

Upholding Court Authority Disregarding Orders Constitutes Contempt

The Supreme Court affirms that a party disregarding court orders and delaying proceedings may face dismissal of its case and liability for damages.

Mar 25, 2015forcible entryejectmentprior physical possessionunlawful detainerrule 70civil law

Forcible Entry Proof: Prior Physical Possession Is Key to Ejectment

Philippine Supreme Court clarifies that in forcible entry cases, proof of prior physical possession, not mere ownership, is essential.

Mar 25, 2015criminal lawconspiracyrobbery with homiciderevised penal codesupreme court

Conspiracy in Robbery With Homicide: Liability Beyond Direct Participation

A look at how Philippine courts hold co-conspirators equally liable for robbery with homicide, even when they did not personally inflict the fatal stab wound.

Mar 25, 2015trademarkintellectual propertyip codeconsumer confusioncommercial lawsupreme court

Trademark Registration: Similarity and Consumer Confusion in Electronic Goods

A Supreme Court ruling clarifies when identical trademarks can coexist on different electronic goods under Philippine IP law.

Mar 25, 2015tobacco regulationadministrative lawra 9211dohiac-tobaccosales promotion

Tobacco Sales Promotions: Who Regulates Them After RA 9211?

The Supreme Court rules that the IAC-Tobacco, not the DOH, has exclusive authority to regulate tobacco sales promotions under RA 9211.

Mar 25, 2015vattax-refundzero-rated-salesinvoicing-requirementsbirtaxation

VAT Refund Denials: Why "Zero-Rated" Must Appear on Invoices

Philippine Supreme Court ruling on VAT refund claims: strict invoicing rules, including the "zero-rated" imprint, determine success.

Mar 25, 2015criminal procedureappealdue processrules of courtsupreme court

When Dismissing an Appeal for Missing a Memorandum Is Wrong: Sanico v. People

The Supreme Court ruled that a trial court cannot dismiss a criminal appeal solely for failure to file a memorandum, as this violates due process.

Mar 25, 2015land registrationalienable and disposablepublic domainproperty registration decreeoriginal registrationregalian doctrine

Proving Alienable and Disposable Status in Land Registration: Republic v. Lualhati

The Supreme Court clarifies what evidence proves land is alienable and disposable for original registration under the Property Registration Decree.

Mar 25, 2015legal ethicsadministrative casecode of professional responsibilityattorney suspensionclient funds

Attorney Suspended for Neglect and Failure to Return Client Funds

A lawyer's neglect of a client's case and refusal to return unearned fees can lead to suspension. Learn the rules.

Mar 25, 2015civil lawdebt assumptionassignment of creditnovationsupreme court

Novation Requires Clear Creditor Consent Protecting Banks IN Debt Assumption Cases

Philippine Supreme Court ruling on debt assumption, assignment of credit, and the need for creditor consent under Civil Code.

Mar 24, 2015notarial lawlegal ethicsadministrative casecode of professional responsibilitylawyer disciplinenotary public

Notarial Negligence and Lawyer Accountability: Lessons from Heirs of Alilano v. Atty. Examen

A lawyer's notarial duties are personal and cannot be delegated. Learn what two-year suspension means for notarial practice in the Philippines.

Mar 23, 2015foreclosureredemptionreal estate mortgagebanking lawact no. 3135general banking act

Redemption Rights and Bank Foreclosures: What GE Money Bank v. Spouses Dizon Teaches Us

Partial payments during the redemption period do not perfect a mortgagor's right to redeem foreclosed property, unless the bank's conduct clearly induces reliance.

Mar 23, 2015real-estate-mortgageredemptionforeclosuregeneral-banking-actact-no-3135

Redemption of Foreclosed Property: Full Payment Within Period Is Required

Partial payments during the redemption period do not constitute valid redemption; full tender of the redemption price is required.

Mar 23, 2015legal ethicscode of professional responsibilityattorney suspensiongross misconductadministrative case

Lawyer Suspended for Non-Payment of Debt: Ethical Standards for Attorneys

A lawyer's deliberate failure to pay a just debt constitutes gross misconduct warranting suspension from the practice of law under Rule 1.01.

Mar 23, 2015preliminary injunctiongrave abuse of discretionrule 58forcible entrycertiorari

Grave Abuse of Discretion When Courts Fail to Justify Denial of Preliminary Injunction

The Supreme Court rules that a court commits grave abuse of discretion when it denies a preliminary injunction without stating its factual and legal bases.

Mar 23, 2015illegal possession of firearmspd 1866ra 8294constructive possessioncriminal lawsupreme court

Possession Trumps Ownership: Upholding Conviction for Illegal Firearms Based on Control, Not Title

Philippine Supreme Court clarifies that illegal possession of firearms requires control, not ownership. Conviction upheld on constructive possession.

Mar 23, 2015redemptionforeclosureact no. 3135general banking actreal estate mortgagesupreme court

Redemption of Foreclosed Property: Full Payment Required, Good Intent Not Enough

Philippine Supreme Court clarifies that redeeming a foreclosed property requires full payment of the redemption price within the one-year period, not just partial payments or good intentions.

Mar 22, 2015self-defensedouble jeopardycriminal lawunlawful aggressionacquittalphilippine supreme court

Self-Defense and Double Jeopardy: Key Lessons from People v. De Leon

The Supreme Court's ruling in People v. De Leon clarifies the strict requirements for self-defense and the absolute protection against double jeopardy in Philippine criminal law.

Mar 18, 2015administrative lawgovernment contractsjoint venturespublic biddingunsolicited proposalsneda guidelines

When Public Interest Meets Private Contracts: The SM Land v. BCDA Ruling on Development Projects

The Supreme Court ruled that government agencies cannot cancel accepted unsolicited proposals by invoking public interest, upholding contractual obligations.

Mar 18, 2015intra-corporate disputejurisdictionsequestered corporationstockholder rightsright of inspectionpcgg

Upholding Stockholder Rights Jurisdiction In Intra Corporate Disputes Involving Sequestered Entities

The Supreme Court clarifies that intra-corporate disputes involving sequestered firms belong to the RTC, not the Sandiganbayan.

Mar 18, 2015civil-procedurenotice-of-decisiondue-processexecutionrules-of-courtcounsel-duties

Counsel's Receipt of Motion for Execution as Notice of Decision: Due Process Implications

When a counsel receives a motion for execution referencing a decision, that receipt can serve as effective official notice of the decision, even without formal service.

Mar 18, 2015preliminary attachmentjurisdictionappealancillary remedyrules of courtcivil procedure

How Appeals Affect Preliminary Attachments: Jurisdiction and Ancillary Remedies

When a main case is appealed, the trial court loses jurisdiction over the attachment. Learn the rule from Northern Islands v. Garcia.