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显示第 7777–7800 篇,共 24,707 篇文章

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Jul 18, 2014lease amendmentunlawful detainerjudicial admissionunjust enrichmentcontract lawcivil code

Amending Lease Contracts: Upholding Written Agreements and Preventing Unjust Enrichment

Philippine Supreme Court ruling on lease amendments, judicial admissions, and why unjust enrichment claims fail when a lessee violates the contract.

Jul 18, 2014labor-lawcertification-electionappealdepartment-of-laborjurisprudencesupreme-court

Untimely Appeal: Why the Secretary of Labor Could Not Challenge a Reversal in Certification Election Cases

The Supreme Court denies the Secretary of Labor's appeal in certification election cases, ruling that quasi-judicial officers cannot question appellate reversals.

Jul 18, 2014real party in interestcivil procedurerules of courtstanding to suephilippine courts

Real Party in Interest: Who Can Sue in Philippine Courts

The Supreme Court clarifies the real party in interest rule in G.R. No. 205179, explaining who may properly bring suit.

Jul 18, 2014labor-lawstanding-to-suegovernment-agenciesappealsphilippine-supreme-courtprocedural-rules

When Can Government Agencies Appeal Labor Case Decisions: Standing Rules Explained

Philippine Supreme Court clarifies standing rules for government agencies appealing labor case decisions, with practical guidance for litigants.

Jul 17, 2014quasi-delictvicarious liabilityres ipsa loquiturcivil lawdamagesnegligence

Vehicle Accidents and Utility Posts: Liability Under Philippine Law

Learn how Philippine courts determine liability when a vehicle damages utility infrastructure, including negligence, vicarious liability, and damages.

Jul 14, 2014intellectual propertysearch and seizureevidencecertioraricriminal procedure

Challenging Evidence in IP Cases: When Can You Question a Search?

Learn when courts allow motions to suppress evidence in intellectual property cases, and the procedural traps that can sink a challenge.

Jul 14, 2014treacheryalevosiacriminal lawfrustrated homiciderevised penal code

Treachery in Criminal Law: Deliberate Strategy vs Impulsive Action in Assault Cases

When is a sudden attack treachery? The Supreme Court explains why impulsive reactions do not qualify as alevosia.

Jul 14, 2014criminal lawtreacherymurderfrustrated homicidereasonable doubtqualifying circumstances

Treachery Must Be Proven Beyond Reasonable Doubt to Sustain a Murder Conviction

The Supreme Court explains when a sudden attack amounts to treachery, and why qualifying circumstances must be proven like any other element of the crime.

Jul 14, 2014ombudsmanadministrative-lawremoval-from-serviceexecution-pending-appealgsisrule-43

Ombudsman Removal Orders Are Immediately Executory Despite Appeal

Supreme Court rules Ombudsman removal orders execute immediately even pending appeal, reversing CA injunction in GSIS official's case.

Jul 13, 2014legal ethicscode of professional responsibilitylawyer disciplineadministrative caseclient neglect

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

Jul 9, 2014grave misconductpublic biddingcollusionombudsmanadministrative lawgovernment procurement

Skywalk Bidding Scandal: Grave Misconduct and Collusion in Public Bidding

Supreme Court upholds dismissal of DPWH officials for rigged bidding, fake newspaper ads, and collusion with favored contractor.

Jul 9, 2014breach of contractconditional salecontract to sellrescissionreal estate lawsummary judgment

Breach of Contract: Conditional Sales, Contracts to Sell, and the Right to Rescind

Understand when a buyer's non-payment lets a seller cancel a property deal, and the difference between a conditional sale and a contract to sell.

Jul 9, 2014revival of judgmentreal parties in interestcause of actioncivil procedurerule 16rule 3

Revival of Judgment and Real Parties in Interest: Key Lessons from Clidoro v. Jalmanzar

The Supreme Court clarifies when a complaint for revival of judgment may be dismissed for lack of cause of action, and who qualifies as a real party in interest.

Jul 9, 2014seafarers rightsdisability benefitspoea-secmaritime lawburden of prooflabor law

Seafarers Disability Claims: Prematurity and the Burden of Proof in Tagle v. Anglo-Eastern

Explaining when a seafarer's disability claim is premature and who bears the burden of proving work-relatedness under the POEA-SEC.

Jul 9, 2014maritime-lawseafarer-disabilitypoea-secdiabeteswork-related-illnessdisability-benefits

Diabetes and Seafarers' Rights: When a Disability Claim Fails Under the POEA-SEC

Supreme Court explains when diabetes is not a compensable work-related illness for seafarers, and why the 120-day rule is not automatic.

Jul 9, 2014maritime lawseafarer disabilitypoea-seccompany-designated physicianlabor lawdisability benefits

Seafarer Disability Claims: The Role of Company-Designated Physicians and POEA-SEC Rules

Understand the Tagle v. Anglo-Eastern ruling on seafarer disability claims, company-designated physicians, and POEA-SEC grading rules.

Jul 9, 2014agrarian reformjust compensationexpropriationland valuationra 6657pd 27

Just Compensation in Agrarian Reform: Ensuring Fair Valuation of Expropriated Land

The Supreme Court clarifies how just compensation for agrarian reform land must be determined, emphasizing the factors under of RA 6657.

Jul 9, 2014agrarian reformjust compensationland valuationra 6657pd 27eminent domain

Just Compensation Under Agrarian Reform: Valuing Land at the Time of Taking

Philippine Supreme Court clarifies how just compensation is valued for agrarian reform lands, emphasizing the time of taking and the factors under RA 6657.

Jul 9, 2014arbitrationcorporate lawcorporate veilres judicataforum shoppingphilippine supreme court

Arbitration Agreements and the Corporate Veil: When Stockholders Are Not Bound by Company Disputes

Philippine Supreme Court ruling on when arbitration clauses bind only signatory parties, not corporate stockholders shielded by the corporate veil.

Jul 9, 2014labor-lawserious-misconductemployee-rightsdue-processemployer-disciplinesupreme-court

Serious Misconduct in Philippine Labor Law: Balancing Discipline and Employee Rights

Philippine Supreme Court ruling clarifies what constitutes serious misconduct justifying employee discipline, requiring substantial evidence and due process.

Jul 9, 2014certiorarirule 45revival of judgmentcivil procedurereal parties-in-interestphilippine law

Certiorari's Time Limits: Why Timeliness Matters in Seeking Legal Review

Learn why timeliness is critical in certiorari petitions and how courts treat revival of judgment actions under Rule 45.

Jul 8, 2014notarial misconductadministrative lawcode of professional responsibilitynotary publicsupreme court

Notarial Misconduct: When Lawyers Fail Their Oath as Notaries Public

A lawyer-notary's careless notarization of unsigned documents leads to one-year suspension and perpetual disqualification from notarial commission.

Jul 8, 2014election-lawterm-limitsreapportionmentcomeleclocal-governmentsangguniang-panlalawigan

Reapportionment and Term Limits: Can Renaming a District Reset the Clock?

When a legislative district is reapportioned and renamed, does the three-term limit clock reset? The Supreme Court answers in Naval v. COMELEC.

Jul 7, 2014forged signatureconjugal propertyannulment of salecivil codenotarized documentheirs rights

Forged Signatures and Void Sales: Protecting Conjugal Property Rights in the Philippines

Learn how the Supreme Court nullified a sale based on forged signatures, protecting conjugal property and heirs' rights under Philippine law.