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显示第 7441–7464 篇,共 24,704 篇文章

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Nov 26, 2014estafajuridical possessionmisappropriationrevised penal codecorporate officercriminal law

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Nov 26, 2014bp-22bounced-checkscriminal-lawpayment-defensesupreme-courtdishonored-check

B.P. 22 Defense: Payment Before Information Filing Can Defeat Dishonored Check Charges

The Supreme Court explains when paying a dishonored check before charges are filed can defeat a B.P. 22 prosecution.

Nov 26, 2014custodia legiscivil procedureexecutiongarnishmentsolidbankphilippine law

Custodia Legis: When Courts Cannot Touch Funds Held by Another Court

Explaining the custodia legis rule from Solidbank v. Goyu & Sons: a court cannot interfere with funds under another court's control.

Nov 26, 2014frustrated homicideintent to killcriminal lawrevised penal codeindeterminate sentencemoral damages

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Nov 26, 2014property-lawright-of-waylimited-access-highwaypolice-powereminent-domaintoll-regulatory-board

Balancing Public Safety and Private Property Access Rights on Limited Access Highways

Philippine Supreme Court ruling on property owners' rights to access limited access highways like NLEX, balancing police power and private interests.

Nov 26, 2014judicial-reviewregional-trial-courtadministrative-lawlocal-government-codepezareal-property-tax

When Can RTCs Rule on the Constitutionality of Administrative Regulations?

The Supreme Court clarifies the limits of judicial review, the proper venue for tax disputes, and the tax exemption of the PEZA.

Nov 25, 2014pezareal property taxlocal government taxationtax exemptioninstrumentality of national government

PEZA Tax Exemption: Instrumentality of National Government and Real Property Tax

Supreme Court rules PEZA is exempt from real property tax as an instrumentality of the national government, clarifying local taxing limits.

Nov 25, 2014legal ethicsattorney suspensionreal estatedisciplinary actionsupreme court

Upholding Ethical Standards Attorney Suspended FOR Dishonest Real Estate Dealings

Supreme Court suspends lawyer for dishonest real estate dealings, reaffirming high ethical standards for attorneys in the Philippines.

Nov 25, 2014constitutional-lawpolice-powerzoning-ordinancepublic-safetylocal-governmentmanila

Upholding Public Safety: Supreme Court Invalidates Ordinance Permitting Oil Depots in Densely Populated Area

The Supreme Court strikes down Manila Ordinance No. 8187 for allowing oil depots to remain in densely populated Pandacan, reaffirming the primacy of public safety and health.

Nov 25, 2014election-lawcomelecrecallbudgetlocal-government-codefiscal-autonomy

COMELEC's Budgetary Discretion and the Limits of Recall Election Funding

The Supreme Court ruled that COMELEC's 2014 budget covered recall elections, rejecting the agency's refusal to proceed for lack of funds.

Nov 25, 2014civil service commissiondual officeconstitutional commissionsexecutive orderadministrative law

Dual Office Ban and CSC Independence: Funa v. CSC Chairman (G.R. No. 191672)

The Supreme Court strikes down EO 864 for violating the constitutional ban on dual office and CSC independence.

Nov 25, 2014legal ethicscode of professional responsibilitylawyer disciplinebp 22administrative case

Lawyer Suspended for Dishonesty and Failure to Pay Debt: A Lesson in Ethical Conduct

The Supreme Court affirms a lawyer's suspension for issuing worthless checks and failing to pay a debt, underscoring lawyers' ethical duty to honor financial obligations.

Nov 25, 2014prescriptionanti-graftra 3019behest loanspcggombudsman

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.

Nov 24, 2014unlawful detaineraccion publicianajurisdictionejectmentrules of courtpossessory actions

Unlawful Detainer vs Accion Publiciana: Jurisdiction Depends on the Complaint's Allegations

Philippine Supreme Court clarifies when ejectment cases belong in MeTC versus RTC, based on the complaint's allegations.

Nov 24, 2014tax evasionbureau of internal revenuenational internal revenue codeprobable causecriminal prosecution

Tax Evasion Cases: When a Prior Assessment Is Not Required for Prosecution

The Supreme Court clarifies when the BIR can prosecute tax evasion without a prior assessment, and what probable cause requires.

Nov 24, 2014unlawful detainerejectmentjurisdictionpossessionproperty lawrule 70

Unlawful Detainer and Possession Rights in Philippine Property Disputes

The Supreme Court clarifies when a case is unlawful detainer versus accion publiciana, and why the complaint's allegations determine jurisdiction.

Nov 24, 2014donor's taxfair market valueshare salebir rulingtax lawsupreme court

Donor's Tax on Share Sales: Fair Market Value and Donative Intent

Supreme Court rules on donor's tax for share sales below book value, fair market value determination, and CTA jurisdiction.

Nov 19, 2014criminal lawforestry codeillegal possessionplain view doctrinewarrantless seizuresupreme court

Possession of Forest Products Without Documents: A Primer on the Revised Forestry Code

Learn how mere possession of lumber without legal documents can lead to criminal liability under the Revised Forestry Code, as explained in a recent Supreme Court ruling.

Nov 19, 2014real-estate-law

VAT Refund Rights Real Property Inventory AND Transitional Input TAX Credit

Nov 19, 2014judiciaryadministrative casecode of judicial conducthalls of justiceimmoralityadministrative circular

Judge Fined P40,000 for Using Court Chambers as Residence and Love Nest

Supreme Court holds judges to strict moral standards, penalizing a judge who used his chambers as residence and for an extramarital affair.

Nov 19, 2014vat refundtax credit certificatezero-rated salesofficial receiptsbircourt of tax appeals

VAT Refund Claims: Strict Deadlines and Proper Documentation Required

Philippine Supreme Court clarifies VAT refund rules: strict 2-year filing deadlines and the necessity of official receipts for zero-rated services.

Nov 19, 2014property lawmortgagedefective titlegood faithphilippine supreme court

Protecting Property Rights: Good Faith Mortgagees vs. Defective Titles in Philippine Law

Learn how Philippine courts protect good faith mortgagees from defective titles, and the legal safeguards for property rights.

Nov 19, 2014self-defenseunlawful aggressionhomicidecriminal lawrevised penal codejustifying circumstances

Self-Defense and Unlawful Aggression: When a Deadly Response Fails in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements in homicide cases, explaining why unlawful aggression is essential and must be proven with clear evidence.

Nov 19, 2014seafarer rightsdisability benefitspoea-seclabor lawmaritime lawsupreme court

When a Seafarer's Disability Claim Fails: The Weight of Medical Evidence in Philippine Law

The Supreme Court clarifies when a seafarer's disability claim fails, emphasizing the company-designated physician's findings and proper procedure.