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显示第 7705–7728 篇,共 24,707 篇文章

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Aug 11, 2014consignationtender of paymentcivil codeobligation and contractsupreme court ruling

Consignation Without Tender of Payment: A Cautionary Tale on Judicial Deposits

Philippine Supreme Court clarifies that judicial deposit requires prior tender of payment unless exceptions apply, in Del Carmen v. Sabordo.

Aug 11, 2014real-estate-lawjust-compensationagrarian-reformproperty-valuationmortgage-foreclosuresupreme-court

Appraisal Value vs. Foreclosure: Property Valuation Disputes in Mortgage Foreclosure

When can courts override government appraisals in agrarian reform? The Supreme Court clarifies just compensation rules and valuation standards.

Aug 6, 2014labor-lawminimum-wagefacilitiessupplementswage-deductionconstruction-industry

Minimum Wage vs Facilities: Employer Obligations for Fair Compensation and Workplace Standards

The Supreme Court clarifies when employers may count board and lodging as wages, protecting workers from minimum wage circumvention.

Aug 6, 2014small claimscivil procedurecause of actioncollection suitpreponderance of evidence

Failure to Prove Monetary Obligation Justifies Dismissal With Prejudice in Small Claims Case

Supreme Court rules that failure to prove a claim by preponderance of evidence warrants dismissal with prejudice in small claims cases.

Aug 6, 2014maritime lawseafarer disabilitypoea-seclabor codethird doctor rule

Company Doctor's Assessment Upheld in Seafarer Disability Claims

The Supreme Court ruled that a seafarer who fails to refer conflicting medical findings to a third doctor is bound by the company-designated physician's disability rating.

Aug 6, 2014civil-procedurecounterclaimsrule-6rule-15philippine-lawsupreme-court

Counterclaims Survive Dismissal of Main Suit: The Right to Seek Redress Endures

The dismissal of a main suit does not automatically extinguish a defendant's counterclaim. Learn the procedural rules that protect this right.

Aug 6, 2014chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody in Drug Cases: What People v. Cerdon Teaches About Evidence Integrity

The Supreme Court explains when lapses in the chain of custody of seized drugs will and will not invalidate a conviction under RA 9165.

Aug 6, 2014criminal lawdangerous drugsra 9165chain of custodybuy-bust operationevidence

Upholding Drug Sale Conviction: Integrity of Evidence Despite Procedural Lapses

Supreme Court affirms drug sale conviction, ruling that procedural lapses under Section 21 do not automatically render seized drugs inadmissible if chain of custody remains intact.

Aug 6, 2014tenant estoppellease disputescivil lawlandlord-tenantproperty rightsrule 131

Tenant Estoppel: Why a Lessee Cannot Deny the Landlord’s Title in Lease Disputes

Philippine Supreme Court explains tenant estoppel rule under Rule 131, Section 2(b), and why lessees cannot deny their landlord's title.

Aug 6, 2014estafafalsification of commercial documentsdemurrer to evidencefiduciary dutybanking lawdouble jeopardy

Bank Officials' Fiduciary Duty and Estafa Through Falsification of Documents

Supreme Court clarifies when a demurrer to evidence in estafa cases involving bank officials may be reviewed despite double jeopardy.

Aug 6, 2014criminal-lawrapevictim-testimonyconsentrevised-penal-codesupreme-court

Rape Conviction Upheld: The Critical Role of Victim Testimony and Consent in Philippine Law

Supreme Court affirms rape conviction, explaining how credible victim testimony establishes force and lack of consent under Philippine law.

Aug 6, 2014execution of judgmentfive-year rulecivil procedurephilippine lawfinal judgment

Enforcement Deadlines: Understanding the Five-Year Rule for Executing Court Judgments

A final court ruling is not the end of the story. Philippine law sets strict deadlines for enforcing judgments, and missing them can cost a winning party the case.

Aug 6, 2014civil-lawlegal-interestfinal-judgmentimmutabilityphilippine-law

Enforcing Final Judgments: Legal Interest and the Doctrine of Immutability

A look at how final judgments accrue legal interest and why the doctrine of immutability bars modification.

Aug 6, 2014condominium lawbreach of contractpd 957real estatehlurblegal interest

Breach of Contract Remedies for Condominium Delivery Delays in the Philippines

Learn how Philippine law protects condominium buyers when developers delay delivery, including refund rights and interest rules under PD 957.

Aug 6, 2014labor lawillegal dismissalgross negligenceschool recordsterminationsupreme court

Negligence in Keeping Records Leads to Dismissal: Colegio de Sta. Rosa-Makati Case Analysis

Philippine Supreme Court affirms dismissal of school physician for gross negligence in keeping student medical records. Learn the legal standards.

Aug 5, 2014legal ethicscode of professional responsibilityattorney suspensionadministrative caseclient funds

Upholding Ethical Conduct Attorney Suspended FOR Deceit AND Neglect OF Client Funds

Lawyer suspended two years for misrepresenting himself, neglecting a client's visa case, and failing to return P350,000 in legal fees.

Aug 5, 2014legal ethicscode of professional responsibilityattorney suspensionclient fundsadministrative case

Attorney Suspended for Misrepresentation and Failure to Return Client Funds

Supreme Court suspends lawyer for two years for misrepresenting as immigration lawyer and failing to return P350,000 client funds.

Aug 5, 2014ofw rightsillegal dismissallabor lawmigrant workersra 8042supreme court

OFW Illegal Dismissal: Full Salary for Unexpired Contract, Not Just 3 Months

The Supreme Court affirms that illegally dismissed OFWs are entitled to full salaries for the unexpired portion of their contracts, striking down the three-month cap as unconstitutional.

Aug 5, 2014writ of amparochild custodyfamily lawdswdadoptionparental authority

Writ of Amparo Not a Substitute for Child Custody Disputes

The Supreme Court clarifies that the writ of amparo cannot be used to resolve child custody disputes, reaffirming its limited scope.

Aug 5, 2014election-lawcomelecelection-protestcertioraripreliminary-injunctionjurisdiction

Comelec Divisions, Jurisdiction, and Preliminary Injunctions in Election Protests

The Supreme Court clarifies when a Comelec division's interlocutory order may be assailed via certiorari and the validity of Special Divisions.

Aug 4, 2014labor-lawillegal-dismissalbackwagesreinstatementsecurity-of-tenurelabor-code

Reinstatement Rights: Full Backwages Until Actual Reinstatement for Illegally Dismissed Employees

Philippine Supreme Court clarifies that illegally dismissed employees are entitled to full backwages until actual reinstatement, not just until judgment promulgation.

Aug 4, 2014labor lawjurisdictionquasi-delictlabor arbiterdamagescivil law

When an Employee's Damage Claim Belongs in Regular Courts, Not Labor Tribunals

The Supreme Court clarifies when an employee's claim for damages based on quasi-delict falls under regular court jurisdiction, not the Labor Arbiter.

Aug 2, 2014securities regulationpre-need plansadministrative lawcease and desistdue process

SEC Authority Over Pre-Need Plan Sales: Due Process and Cease and Desist Orders

The Supreme Court upheld the SEC's power to issue cease and desist orders against unregistered pre-need plan sales without a prior hearing in Primanila Plans v. SEC.

Jul 30, 2014criminal-lawdrug-casesentrapmentinstigationbuy-bustra-9165

The Fine Line Between Entrapment and Instigation in Philippine Drug Cases

A Supreme Court ruling clarifies entrapment vs. instigation in drug busts, and why informants' tips remain valid.