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显示第 7849–7872 篇,共 24,707 篇文章

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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.

Jun 18, 2014vat refundtax deadlinescourt of tax appealstaganito mining

Untimely Appeal Strict Deadlines For VAT Refund Claims In The Philippines

Philippine Supreme Court clarifies the mandatory 120-day and 30-day deadlines for VAT refund claims, including the exception for premature judicial filings.

Jun 18, 2014labor-lawterminationdue-processauthorized-causenominal-damagesillness

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Jun 18, 2014criminal-lawrapequalified-rapechild-witnesshymenal-lacerationsupreme-court

Rape Conviction Upheld: Child Witness Credibility and the Hymenal Laceration Myth

The Supreme Court affirms a grandfather's qualified rape conviction, holding that an intact hymen does not negate rape and that a child's credible testimony suffices.

Jun 18, 2014criminal-lawwarrantless-arrestdrug-casesevidencera-9165illegal-possession

Warrantless Arrest and Admissibility of Evidence: Safeguarding Rights in Drug Cases

The Supreme Court explains when a warrantless arrest is lawful and how evidence seized incident to that arrest remains admissible in drug cases.

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, 2014vat refundtax creditcourt of tax appealsnircmandatory periodsjurisprudence

Strict Compliance: The Mandatory Nature of VAT Refund Periods Under the NIRC

The Supreme Court rules that the 120+30 day periods for VAT refund claims are mandatory and jurisdictional, dismissing a belated judicial claim.

Jun 18, 2014criminal-lawwarrantless-arrestsearch-incidentdangerous-drugsra-9165evidence

Warrantless Searches Upholding Arrests AND Evidence Admissibility IN Drug Cases

When a warrantless arrest is lawful, a search incident to it is valid, and drugs seized are admissible in evidence.

Jun 18, 2014duressmortgagecontractscivil codeintimidationvoidable contracts

Duress in Mortgage Contracts: Reasonable Fear and Legal Claims Under Philippine Law

Philippine Supreme Court clarifies when fear or duress voids a mortgage, and why threatening a legal claim does not vitiate consent.

Jun 18, 2014writ of possessionextrajudicial foreclosurereal estate lawact no. 3135third-party rightsrule 39

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

Jun 18, 2014labor-lawreinstatementreturn-to-workillegal-dismissaltransfermanagement-prerogative

Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer

A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.

Jun 16, 2014writ of possessionministerial dutyjudicial misconductcivil lawforeclosurerule 15

Ministerial Duty and Abuse of Authority: Understanding the Writ of Possession and Judicial Misconduct

A Supreme Court ruling clarifies when a writ of possession is ministerial, and when a judge's discretion becomes grave abuse of authority.

Jun 16, 2014writ of possessionforeclosurejudicial ethicscivil proceduregross ignoranceproperty law

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

Jun 16, 2014ra 9262protection orderspousal supportretirement benefitsvawcafp

Spousal Support and Retirement Benefits: Protection Orders Under R.A. 9262

The Supreme Court rules that R.A. 9262 protection orders can compel the AFP to withhold retirement benefits for spousal support.

Jun 16, 2014criminal lawtreacherymurderrevised penal codeself-defensesupreme court

Treachery Defined: The Element of Surprise in Murder Cases

The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying killings as murder under Philippine law.

Jun 16, 2014writ of possessionministerial dutyjudicial ethicsadministrative liabilityforeclosurecivil law

Writ of Possession as Ministerial Duty: Court Ruling on Judicial Discretion and Liability

Supreme Court clarifies writ of possession is a ministerial duty, and judges who defer it may face administrative liability.

Jun 16, 2014property-lawwrit of possessionforeclosurecivil-codearticle-1491judicial-ethics

When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits

The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.

Jun 16, 2014insurance-lawsubrogationarrastre-operatorcargo-damagenegligencecivil-code

Damaged Goods Liability: Arrastre Negligence and Insurer Subrogation Rights

Explaining when arrastre operators are liable for damaged cargo, how insurers gain subrogation rights, and what evidence suffices in Philippine law.

Jun 11, 2014litis pendentiaunlawful detainerlease contractcivil procedureres judicata

Litis Pendentia in Lease Disputes: When Two Cases Can Proceed Separately

Explaining the Supreme Court ruling that unlawful detainer and annulment of lease are distinct causes of action, not barred by litis pendentia.

Jun 11, 2014civil-procedurejudicial-courtesycertioraripreliminary-injunctionstale-checkssupreme-court

Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation

The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.

Jun 11, 2014civil lawcompromise agreementimmutability of judgmentsres judicatapartitionfinal judgment

Final Judgments Must Stand: The Doctrine of Immutability and Compromise Agreements

A final judgment on a compromise agreement is immutable. The Supreme Court explains why parties cannot relitigate settled cases.

Jun 11, 2014customs lawseizurewarrantdue processtariff and customs codeimportation

When Customs Seizure Needs a Warrant: Lessons from Commissioner of Customs v. New Frontier Sugar

The Supreme Court clarifies that even "automatic seizure" of imported goods requires a warrant and due process under the Tariff and Customs Code.

Jun 11, 2014civil-procedurecounterclaimsrule-17rule-45philippine-lawsupreme-court

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Jun 11, 2014criminal-lawdangerous-drugschain-of-custodyra-9165evidencebuy-bust

Chain of Custody in Drug Cases: When Police Lapses Do Not Mean Acquittal

The Supreme Court explains when lapses in Section 21 procedures still allow conviction, so long as the drug's integrity is preserved.