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显示第 7369–7392 篇,共 24,704 篇文章

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Jan 12, 2015legal-ethicssheriffsrules-of-courtadministrative-casejudicial-conduct

Sheriffs Must Follow Court Rules: Impartiality and Decorum in Serving Writs

A sheriff's failure to file timely returns and reliance on a party's computation led to suspension, underscoring judicial integrity.

Jan 12, 2015sales lawdeliverycivil codeacceptance of goodscommercial law

Delivery Disputes When Actions Speak Louder Than Words in Sales Contracts

When a buyer acts like the goods are theirs, Philippine law may treat that as acceptance—even if delivery paperwork is imperfect.

Jan 12, 2015property-lawtorrens-titlereconstitutionra-26hierarchy-of-courtscertiorari

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Jan 12, 2015ejectmentunlawful detainerjurisdictionproperty disputesrule 70civil procedure

Ejectment vs Ownership: Defining Jurisdiction in Philippine Property Disputes

Philippine Supreme Court clarifies when a property dispute is ejectment or an ownership action, and limits RTC appellate powers.

Jan 12, 2015mining lawphilippine bill of 1902vested rightsproperty lawmineral patentsmpsa

Vested Mining Rights Prevail Protecting Claims Under THE Philippine Bill OF 1902

The Supreme Court rules that mining patents issued under the Philippine Bill of 1902 are vested rights that cannot be impaired by later laws or agreements.

Jan 12, 2015self-defensemurderrevised-penal-codecriminal-lawsupreme-courttreachery

Self-Defense Claims in Murder Cases: Proving Unlawful Aggression in Philippine Courts

The Supreme Court clarifies when self-defense fails in murder cases, explaining the burden of proof and the elements required to invoke this justifying circumstance.

Jan 12, 2015ejectmentunlawful detainerboundary disputejurisdictionrules of courtproperty law

Ejectment Appeals: No Trial De Novo and the Boundary Dispute Rule

Philippine Supreme Court ruling on ejectment appeals, boundary disputes, and why RTCs cannot conduct trial de novo.

Jan 12, 2015carriage of goods by seacogsacommon carrierlimitation of liabilitybill of ladingshipping law

Carrier’s Liability and the $500 COGSA Limit: When a Declared Value in the Invoice Counts

Explaining when a shipping carrier can invoke the US$500 COGSA package limitation, and when a declared value in the invoice defeats it.

Jan 12, 2015attempted murderintent to killphysical injuriesrevised penal codecriminal law

Intent to Kill: Distinguishing Attempted Murder From Physical Injuries in Philippine Law

The Supreme Court explains how intent to kill separates attempted murder from physical injuries, and what evidence proves it.

Jan 5, 2015family codepsychological incapacityarticle 36declaration of nullitymarriagerule 45

Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough

The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.

Jan 5, 2015suretydemanddeficiencystatement of accountcivil codecollection

Surety Agreements, Demand Requirements, and Interest on Delayed Payments: G.R. No. 280513 Explained

The Supreme Court clarifies when a demand for deficiency payment is valid, and why a statement of account must be substantiated.

Dec 29, 2014marital rapebodily autonomyimplied consentcriminal lawviolence against womensupreme court

Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory

The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.

Dec 22, 2014employer liabilityquasi-delictdue diligencevehicular accidentcivil codedamages

Employer Liability for Vehicular Accidents: Proving Due Diligence in Hiring Drivers

Philippine Supreme Court clarifies employer liability for driver negligence, emphasizing documentary proof of due diligence in hiring and supervision.

Dec 22, 2014ombudsmancertiorarianti-graftrule 65rule 43jurisdiction

Ombudsman’s Discretion Limits on Certiorari in Anti-Graft Cases

Learn how the Supreme Court clarified the proper remedy for assailing Ombudsman rulings in consolidated anti-graft cases.

Dec 18, 2014vat refundequitable estoppel120-day rulecourt of tax appealsbir rulingtax credit

Equitable Estoppel in VAT Refund Claims: When Taxpayers Can Bypass the 120-Day Rule

The Supreme Court clarifies when taxpayers may file VAT refund claims with the CTA without waiting for the 120-day period.

Dec 15, 2014due processprosecutorial reviewlabor lawillegal dismissalretirement benefitssupreme court

Due Process and Prosecutorial Review: Ensuring Fair Hearings in Philippine Justice

Explore how the Supreme Court protects employee rights through due process, prosecutorial review, and fair hearings in Philippine labor disputes.

Dec 15, 2014insubordinationpublic sectoradministrative lawdishonestyfalsificationsupreme court

Insubordination in the Public Sector: Defining the Limits of Obedience to Authority

Court rules on insubordination, dishonesty, and falsification in a landmark public sector administrative case.

Dec 10, 2014torrens systemlevy on executioncondominium titleregistrationcivil law

Levy on Execution Prevails Over Prior Unregistered Sale: Suntay v. Keyser Mercantile

Supreme Court rules a registered levy on execution beats a prior unregistered sale, upholding the Torrens system's reliance on clean titles.

Dec 10, 2014local-governmentinternal-revenue-allotmentfiscal-autonomydilgtransparencylocal-autonomy

DILG Circulars on LGU Fund Disclosure Upheld: Local Autonomy Has Limits

Supreme Court upholds DILG circulars requiring LGU transparency in IRA use, clarifying that local autonomy does not mean absolute independence from national supervision.

Dec 10, 2014civil-law

Priority OF Registered Levy Over Unregistered Sale Protecting Creditors Rights IN Property Disputes

Dec 10, 2014legal ethicsclient fundsattorney suspensioncode of professional responsibilityfiduciary dutytrust account

Attorney Suspended for Misappropriating Client Funds: Upholding Trust in Legal Practice

Supreme Court suspends lawyer for three months for failing to return client funds intended for transfer taxes, reaffirming lawyers' fiduciary duties.

Dec 10, 2014administrative lawsalndishonestyombudsmanpublic servicedismissal

Upholding Honesty Dismissal FOR Undisclosed Assets IN Philippine Public Service

The Supreme Court reinstates the dismissal of a DPWH official for failing to disclose assets in SALNs, reaffirming the duty of public servants to be transparent.

Dec 10, 2014tax lawwithholding taxprescriptiondue processbirsupreme court

Tax Assessment Limits and Due Process in Withholding Tax Cases

Learn how the Supreme Court ruled on prescription periods and due process requirements in tax assessments, using the Samar-I Electric Cooperative case.

Dec 10, 2014criminal lawdue processcounsel negligenceanti-graftra 3019supreme court

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.