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显示第 8185–8208 篇,共 24,709 篇文章

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Jan 22, 2014double saleland registrationgood faithcivil codetorrens title

Double Sale of Land: Prior Knowledge Defeats Claim of Good Faith

Philippine Supreme Court ruling on double sales of land: a buyer who knows of prior claims or occupants cannot claim good faith.

Jan 22, 2014family-lawra 9262protection ordersviolence against womendue processtemporary protection order

Protecting Women and Children: Upholding the Constitutionality of Temporary Protection Orders

The Supreme Court affirms that ex parte Temporary Protection Orders under RA 9262 do not violate due process, protecting women and children from violence.

Jan 22, 2014administrative lawexhaustion of administrative remediescivil servicereassignmentcsc jurisdiction

Exhausting Administrative Remedies: Why Public Servants Must First Seek Internal Solutions

Public servants must exhaust administrative remedies before going to court. The Supreme Court explains why in Ejera v. Merto.

Jan 22, 2014presumption of marriagelost recordsmarriage certificatesecondary evidencebigamous marriagefamily law

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Jan 22, 2014murdertreacheryconspiracycriminal lawrevised penal codesupreme court

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Jan 22, 2014civil-lawfamily-lawmarriagepresumption-of-marriageevidencesupreme-court

Presumption of Marriage: Proving Marital Status Beyond a Marriage Certificate

The Supreme Court clarifies how marital status is proven in the Philippines, emphasizing the presumption of marriage and the limits of documentary evidence.

Jan 22, 2014administrative lawclerks of courtneglect of dutyjudicial ethicsexecution of judgmentscivil service

Clerks of Court and Simple Neglect of Duty: The Migriño Case on Delayed Execution

The Supreme Court held a Clerk of Court liable for simple neglect of duty for delays in scheduling and executing a final judgment, affirming that court personnel must act with diligence.

Jan 21, 2014certiorarismall claimsrule 65grave abuse of discretioncivil procedurephilippine law

Certiorari as a Remedy: Challenging Small Claims Court Decisions in the Philippines

Can a final small claims decision be challenged? The Supreme Court clarifies when certiorari under Rule 65 is the proper remedy.

Jan 21, 2014administrative lawpublic servicecourt fundsdishonestyneglect of dutyjudiciary

Upholding Integrity in Public Service: Liability for Misappropriation of Court Funds

Supreme Court ruling on court personnel liability for fund misappropriation, neglect of duty, and dishonesty in public service.

Jan 21, 2014administrative lawcourt fundsneglect of dutydishonestyclerks of courtpublic accountability

Upholding Public Trust Accountability for Misappropriated Court Funds and Neglect of Duty

Court personnel who mishandle judiciary funds face dismissal or suspension, as the Supreme Court reaffirms strict accountability for clerks of court.

Jan 20, 2014legal compensationcivil codeobligations and contractsoffsetting debtssupreme courtphilippine law

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

Jan 20, 2014foreclosurewrit of possessionextrajudicial foreclosureact no. 3135res judicatabanking law

Writ of Possession in Foreclosure: Ministerial Duty of Courts Explained

Philippine Supreme Court clarifies the ministerial duty of courts to issue writs of possession in extrajudicial foreclosure, and the binding effect of prior judgments.

Jan 20, 2014annulment of judgmentextrinsic fraudrule 47rules of courtnegligence of counselsupreme court

Annulment of Judgment: When a Lawyer's Negligence Is Not Extrinsic Fraud

Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Jan 20, 2014sheriffswrit of executionejectmentministerial dutyadministrative caseproperty possession

The Ministerial Duty Securing Property Possession After Foreclosure in the Philippines

Philippine Supreme Court clarifies a sheriff's ministerial duty to enforce writs of execution in ejectment cases and the limits of that duty.

Jan 20, 2014vat refundtax credit120+30 day ruleinvoicing requirementszero-rated salesphilippine tax law

VAT Refunds: Strict Compliance With the 120+30 Day Rule and Invoicing Requirements

Philippine Supreme Court clarifies the mandatory 120+30 day rule for VAT refund claims and invoicing requirements in Commissioner of Internal Revenue v. Toledo Power Company.

Jan 20, 2014civil-lawannulment-of-judgmentextrinsic-fraudrule-47supreme-courtlitigation

Annulment of Judgment: Extrinsic Fraud Must Be Caused by the Adverse Party

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Jan 19, 2014extrinsic fraudannulment of judgmentrule 47rules of courtcivil procedurenegligence of counsel

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Jan 15, 2014property lawland registrationtorrens titleaccion reinvindicatoriagood faithcivil law

Ownership Disputes and Wrongful Property Levy: Why Registration Prevails Under Philippine Law

A Supreme Court ruling on why unregistered sales lose to registered titles and levies, and what buyers must prove to claim good faith.

Jan 15, 2014criminal-lawbuy-bustchain-of-custodyra-9165warrantless-arrestdrug-cases

Buy-Bust Operations: Warrantless Arrests and the Chain of Custody Rule in Drug Cases

The Supreme Court acquits a drug suspect because police failed to preserve the chain of custody, explaining the rules on buy-bust operations and evidence.

Jan 15, 2014ejectmentsupersedeas bondexecutionrule 70property law

Staying Execution in Ejectment Cases: Perfecting Appeals and Supersedeas Bonds

Learn the three requirements to stay execution in ejectment cases: perfect appeal, post supersedeas bond, deposit rentals.

Jan 15, 2014labor-lawillegal strikeright to strikephilippine supreme courtemployee rights

Illegal Strikes and Employee Rights: What the Supreme Court Actually Said

A Supreme Court ruling on illegal strikes shows how the right to strike is protected but never absolute, and how participation can carry consequences.

Jan 15, 2014sheriffsadministrative liabilityrule 141execution expensesconduct prejudicialrules of court

Sheriff’s Duty on Expense Handling: Strict Compliance With Court Rules to Prevent Misconduct

A sheriff who demanded and received execution expenses without court approval or liquidation was suspended for conduct prejudicial to the best interest of the service.

Jan 15, 2014criminal-law

When Silence Isnt Consent Credibility IN Rape AND Acts OF Lasciviousness Cases

Jan 15, 2014maritime lawseafarer disabilityburden of proofpoea-secself-inflicted injurylabor law

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.