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显示第 7489–7512 篇,共 24,704 篇文章

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Nov 12, 2014equitable mortgageforged signaturevoid contractproperty rightscivil lawsupreme court

Forged Signatures and Void Contracts: Protecting Property Rights in the Philippines

When is a deed of sale actually a mortgage? The Supreme Court explains equitable mortgage, forged signatures, and pactum commissorium.

Nov 12, 2014torrens-titleland-disputespublic-domaincivil-lawphilippine-lawproperty-rights

Torrens Title vs Unregistered Deed: How Philippine Courts Resolve Land Possession Disputes

Philippine Supreme Court ruling on Torrens titles, unregistered deeds, and land possession disputes involving public domain classification.

Nov 12, 2014labor-lawbreach-of-trustillegal-dismissalterminationlabor-codejurisprudence

Breach of Trust in Employment: When Misconduct Justifies Termination

Philippine Supreme Court ruling on when a cashier's mishandling of funds amounts to breach of trust justifying dismissal from employment.

Nov 12, 2014medical negligencegrave misconductadministrative lawphysician dutychildbirthombudsman

Physician's Duty in Childbirth: Grave Misconduct for Negligent Delivery

Supreme Court affirms dismissal of government doctor for grave misconduct in childbirth, holding physicians must personally attend high-risk deliveries.

Nov 12, 2014corporate-law

Corporate Authority VS Stockholder Rights Upholding Property Sale Ratification IN Lopez Realty

Nov 12, 2014drunk drivingtraffic stopsresisting arrestunreasonable searchra 4136ra 10586

Sobriety vs Perception: Protecting Rights During Traffic Stops in the Philippines

The Supreme Court acquits a driver of drunk driving and resisting arrest, clarifying that smelling of alcohol is not the same as being under its influence.

Nov 12, 2014property-lawejectmentsummonscivil-procedurejurisdictionunlawful-detainer

Defective Summons: How Improper Service Can Void an Ejectment Case in the Philippines

Learn how defective summons and improper substituted service can void an ejectment case, based on a Philippine Supreme Court ruling.

Nov 12, 2014legal ethicscode of professional responsibilityconflicting interestsattorney suspensionclient trustintegrated bar of the philippines

Upholding Client Trust Attorney Suspended For Conflicting Representation

A lawyer who represents a client against an existing retainer client of his law firm violates Rule 15.03, even without using confidential information.

Nov 12, 2014criminal-lawdangerous-drugschain-of-custodybuy-bust-operationra-9165evidence

Upholding Conviction in Drug Cases: The Importance of Timely Objections to Chain of Custody

Learn why raising chain of custody objections late in drug cases fails, and how timely objections protect accused persons under RA 9165.

Nov 12, 2014probable causetheftcriminal procedureownership claimspreliminary investigationsupreme court

Probable Cause vs Ownership Claims in Theft Cases: People v. Yecyec

When can courts dismiss theft charges for lack of probable cause? The Supreme Court clarifies the limits of judicial review in People v. Yecyec.

Nov 12, 2014chain of custodyillegal drugsbuy-bust operationra 9165criminal proceduresupreme court

Chain of Custody in Drug Cases: How Objections Are Waived

The Supreme Court affirmed a drug conviction despite police lapses in handling evidence, ruling that chain-of-custody objections cannot be raised for the first time on appeal.

Nov 12, 2014illegal dismissallabor lawmonetary awardsbackwagesseparation pay

Recomputing Monetary Awards in Illegal Dismissal Cases: Full Compensation Amidst Legal Recourse

Learn how the Supreme Court handles monetary awards in illegal dismissal cases, ensuring full compensation for employees while respecting legal remedies.

Nov 12, 2014property lawcivil lawgood faith purchaserarticle 1544supreme courtreal estate

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Nov 12, 2014maritime-lawseafarer-death-benefitspoea-secwork-related-illnessmedical-repatriationsupreme-court

Seafarer Death Benefits: Work-Related Illness and Medical Repatriation Under the POEA-SEC

Supreme Court ruling on seafarers' death benefits when work-related illness causes death after medical repatriation under the POEA-SEC.

Nov 11, 2014rapeconsentintellectual disabilityrevised penal codesupreme courtcriminal law

Rape and the Incapacity to Consent: Protecting the Intellectually Disabled in Philippine Law

Philippine law treats rape as a violation of autonomy, especially when the victim cannot consent due to intellectual disability. This article explains the key ruling.

Nov 11, 2014legal ethicsdisbarmentreinstatementjudicial clemencycode of professional responsibilitysupreme court

Reinstatement to the Bar: Proving Moral Reformation and Rehabilitation

The Supreme Court denies a disbarred lawyer's plea for reinstatement, clarifying the high burden of proving moral reformation.

Nov 11, 2014excise taxtobaccostemmed leaf tobaccotax exemptioninternal revenuesupreme court

Excise Tax on Tobacco: Clarifying the Scope of Tax Exemptions for Stemmed Leaf Transfers

The Supreme Court clarifies when stemmed leaf tobacco transfers between manufacturers are exempt from excise tax under Philippine law.

Nov 11, 2014contract-law

Rescission OF Contract Upholding Landowner Rights Against BAD Faith Purchasers

Nov 11, 2014labor-lawsecurity-of-tenuregovernment-reorganizationcivil-servicecaapabolition-of-office

Government Reorganization: Security of Tenure vs Legislative Authority

Explaining the Supreme Court ruling on ATO abolition, hold-over status, and security of tenure in government reorganizations.

Nov 10, 2014unconscionable interestcontract lawpenalty reductionbest evidence rulecivil code

Unconscionable Interest Rates When Courts Intervene To Protect Borrowers

The Supreme Court reduced 60% annual charges in a lease dispute to 12% interest plus 6% penalty, citing Article 1229.

Nov 10, 2014administrative lawgrave misconductcourt personnelcode of conductjudiciary integritysolicitation

Solicitation by Court Personnel: Upholding Integrity in the Philippine Judiciary

Supreme Court rules on grave misconduct by court personnel who solicits money from litigants, reinforcing integrity standards in the judiciary.

Nov 10, 2014compromise agreementtax refundlocal business taxcity of manilasupreme courtcivil law

Compromise Agreements Prevail Resolving Tax Disputes Through Mutual Concessions

When parties settle tax disputes by compromise, courts may set aside prior rulings. The Supreme Court explains the binding effect of such agreements.

Nov 10, 2014criminal-lawwarrantless-arrestprobable-causehot-pursuitrule-113philippine-jurisprudence

Limits of Warrantless Arrests: Probable Cause and Immediacy in Hot Pursuit

The Supreme Court clarifies the limits of warrantless arrests under Rule 113, Section 5(b), focusing on probable cause and immediacy in hot pursuit cases.

Nov 3, 2014disbarmentcontemptfinality of judgmentcode of professional responsibilitywrit of execution

Finality of Judgment and Contempt: Lessons from the Bihag v. Era Disbarment Case

The Supreme Court clarifies when a disbarred lawyer may be cited for indirect contempt and how final judgments are enforced.