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显示第 7825–7848 篇,共 24,707 篇文章

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Jun 30, 2014speedy trialprovisional dismissalcriminal procedurerule 117bp 22

Speedy Trial and Provisional Dismissal: Key Rules from Co v. New Prosperity Plastic Products

The Supreme Court clarifies when provisional dismissal becomes permanent and how the one-year revival period is counted.

Jun 30, 2014nuisanceproperty rightscivil lawland useeasementdamages

Property Rights and Nuisance: Balancing Interests in Land Use Disputes

The Supreme Court clarifies when land use becomes a nuisance, when it can be abated, and how courts balance competing property rights.

Jun 30, 2014administrative-law

Navigating VAT Refund Deadlines Strict Compliance Under THE Nirc

Jun 30, 2014vat refundtax creditcourt of tax appealssan roqueprescriptive period

Strict 120+30 Day Rule for VAT Refund Claims in the Philippines

Learn the mandatory 120+30 day periods for VAT refund claims and why late judicial appeals are fatal under Philippine tax law.

Jun 29, 2014concubinagecondonationombudsmanrevised penal codepublic officerscriminal law

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Jun 25, 2014civil-law

Upholding Attorney Accountability Dishonored Checks AND Duty TO Clients

Jun 25, 2014criminal-lawdangerous-drugschain-of-custodybuy-bustra-9165evidence

Unbroken Chain Upholding Convictions In Drug Cases Through Evidence Integrity

The Supreme Court affirms drug convictions, ruling that substantial compliance with Section 21, RA 9165 suffices when evidence integrity is preserved.

Jun 25, 2014ejectmentunlawful detainerrule 70immediate executioncivil procedure

Ejectment Cases: Immediate Execution Despite Appeal Under Rule 70

Philippine Supreme Court ruling on immediate execution of ejectment judgments despite appeal, explained in plain language.

Jun 25, 2014administrative-lawcourt-personnelnegligenceaccountabilityjudicial-ethicspublic-service

When Court Personnel Fail: Accountability for Negligence in Duty

Examining accountability standards for court personnel who fail in their duties, and the consequences of negligence in the Philippine judicial system.

Jun 25, 2014maritime-lawseafarers-rightsdisability-benefitspoea-secwork-related-illnessrheumatoid-arthritis

Rheumatoid Arthritis and Seafarers' Rights: Proving Work-Related Illness for Disability Benefits

Understand how the Supreme Court ruled that a seafarer's rheumatoid arthritis can be compensable as a work-related illness under the POEA-SEC.

Jun 25, 2014preliminary injunctionmortgage foreclosurebank remediescivil procedureirreparable injuryrules of court

Injunctions and Mortgage Foreclosure: Balancing Creditor Rights and Preventing Irreparable Harm

The Supreme Court clarifies when preliminary injunctions may stop mortgage foreclosures, emphasizing that courts must protect only rights that clearly exist.

Jun 25, 2014co-ownershipdefault judgmenttax declarationproperty lawcivil procedurepartition

Partition Rights CO Ownership VS Prior Judgment IN Philippine Property LAW

Supreme Court clarifies that a default judgment cannot substitute for proof of co-ownership, and a tax declaration alone does not establish title.

Jun 25, 2014default judgmentdue processownership disputescivil procedureevidencetax declaration

Default Judgments and Due Process: Proving Ownership Claims in Philippine Courts

Philippine Supreme Court clarifies that default judgments still require proof of claims, and bare allegations cannot establish ownership of property.

Jun 25, 2014illegal recruitmentconspiracysolidary liabilitycivil liabilityra 8042migrant workers

Solidary Liability in Illegal Recruitment: The Reach of Conspiracy

When conspiracy is shown in large-scale illegal recruitment, each accused is both criminally and civilly liable, solidarily for all amounts collected from victims.

Jun 25, 2014contract-lawnovationalternative-obligationscivil-codeobligations-and-contractssupreme-court

Novation vs Alternative Obligations: Clearing the Confusion in Contract Law

When does a new agreement extinguish an old debt? The Supreme Court clarifies novation versus alternative obligations in this contract law case.

Jun 25, 2014administrative lawcivil servicecourt employeesinefficiencylabor lawjudicial ethics

Court Employee Accountability: Inefficiency and Incompetence in Judicial Service

Philippine Supreme Court ruling on court interpreter's administrative liability for inefficiency, incompetence, and failure to perform official duties.

Jun 25, 2014administrative lawgross ignorance of the lawjurisdictionjudicial ethicscivil service commissionrule 65

When a Judge Oversteps: Gross Ignorance of the Law in Administrative Cases

A judge who assumed jurisdiction over a BIR employee's transfer case was suspended for gross ignorance of the law. Learn the jurisdictional limits.

Jun 23, 2014bigamyfamily codejudicial declaration of nullityrevised penal coderemarriagesupreme court

Bigamy and the Need for a Judicial Declaration of Nullity Before Remarriage

Philippine Supreme Court clarifies that contracting a second marriage without first securing a judicial declaration of nullity of the first constitutes bigamy.

Jun 23, 2014criminal-law

Chain OF Custody Ensuring Integrity IN Drug Evidence 2

Jun 23, 2014criminal lawchain of custodydangerous drugsra 9165buy-bust operationevidence

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

Philippine Supreme Court clarifies that police non-compliance with Section 21, RA 9165 chain of custody rules can defeat drug prosecutions.

Jun 23, 2014criminal lawchain of custodydangerous drugspresumption of innocencebuy-bust operation

Chain of Custody and the Presumption of Innocence in Philippine Drug Cases

Why the Supreme Court acquitted a drug suspect when police broke the chain of custody rule.

Jun 18, 2014criminal-lawrapechild-testimonycredibilityreasonable-doubtsupreme-court

Credibility of Child Testimony in Rape Cases: When Doubt Leads to Acquittal

The Supreme Court acquitted a rape accused due to reasonable doubt, examining how courts must scrutinize child testimony and prosecution evidence.

Jun 18, 2014labor-lawillegal-strikereinstatementfinal-judgmentsupervening-eventphimco

When Illegal Strike Actions Override Reinstatement Orders: Supervening Events in Labor Law

The Supreme Court clarifies when a final reinstatement order may yield to supervening events, including findings of illegal strike acts.

Jun 18, 2014administrative-lawprivatizationpublic-biddinggovernment-contractsphilippine-lawsupreme-court

Bidding Rules and Government's Right to Reject: Protecting Public Interest in Privatization

Supreme Court affirms government's right to reject bids in privatization auctions, protecting public interest over bidder expectations.