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显示第 8209–8232 篇,共 24,709 篇文章

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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.

Jan 15, 2014agrarian reformjust compensationland bankdar formulaexpropriationproperty law

Just Compensation in Agrarian Reform: Courts Must Follow the DAR Formula

The Supreme Court clarifies that agrarian courts must apply Section 17 of RA 6657 and DAR AO 5-98 when fixing just compensation for expropriated land.

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-law

When Silence Doesnt Mean Consent Protecting Minors IN Sexual Abuse Cases Under Philippine LAW

Jan 15, 2014estate settlementprobate courtinventorycivil procedurespecial proceedingsjurisdiction

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

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, 2014bp 22bounced checkssec suspension ordercorporate rehabilitationcriminal law

SEC Suspension Order as a Valid Defense in B.P. 22 Cases: Gidwani v. People

When a lawful SEC suspension order precedes check presentment, the drawer may be excused from B.P. 22 liability.

Jan 15, 2014fiduciary dutytrust accountsbanking lawland banktransparencycivil law

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

Jan 15, 2014criminal-lawhomicidewitness-credibilityreasonable-doubtdefense-of-relativesupreme-court

Reasonable Doubt and Witness Credibility in Philippine Homicide Cases

How Philippine courts weigh witness credibility against reasonable doubt in homicide cases, explained through Medina v. People.

Jan 15, 2014eminent domainexpropriationcivil procedureamendmentsdamagessupreme court

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Jan 15, 2014unjust enrichmentin pari delictoillegal contractscivil codephilippine law

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Jan 15, 2014treacherymurderrevised penal codecriminal lawphilippine supreme courtqualifying circumstances

Treachery in Criminal Law: How It Elevates Murder Charges in the Philippines

Learn how treachery qualifies killing into murder under Philippine law, explained through a Supreme Court ruling.

Jan 15, 2014tortsmedical negligencecivil liabilityacquittalmoral damagescriminal procedure

Civil Liability Despite Acquittal When Medical Negligence Results in Damages

Acquittal in a criminal case does not erase civil liability. Learn how Philippine courts award damages based on preponderance of evidence.

Jan 15, 2014family codearticle 151compromisemotion to dismissfamily disputesprocedure

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

Jan 15, 2014bp 22bouncing checkssec suspension of paymentscorporate rehabilitationcriminal law

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

Jan 15, 2014criminal-law

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

Jan 15, 2014foreclosuremortgagemortgagor rightscivil lawbankingdefault

Premature Foreclosure: Protecting Mortgagors' Rights Before Default

Philippine Supreme Court rules that foreclosing a mortgage before the debtor defaults on the principal loan is void and ineffectual.

Jan 15, 2014compromise agreementcase dismissalcivil procedurearbitrationsupreme court

Compromise Agreements and Case Dismissal: Lessons from RCBC v. BDO

How parties in a long-running arbitration dispute ended their cases through compromise agreements, and what this means for Philippine litigation.

Jan 13, 2014seafarer disabilitypermanent total disabilitypoea contractlabor codecompany-designated physician

When a Seafarer's Disability Becomes Total and Permanent: The 120/240-Day Rule

Learn when a seafarer's unresolved medical condition becomes total and permanent disability under Philippine law, and what the 120/240-day rule means.

Jan 13, 2014civil-law

Financial Crisis NOT A Valid Defense Upholding Consumer Rights IN Real Estate Development

Jan 13, 2014search warrantcybercrimeprobable causethefttoll bypassconstitutional law

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

Jan 13, 2014judicial independenceadministrative lawcode of judicial conductcourt delayswithdrawal of informationsupreme court

Judicial Independence vs Prompt Resolution: Balancing Justice and Timeliness in Court Decisions

A Supreme Court ruling on a judge's delayed ruling clarifies the balance between judicial independence and the mandatory 90-day period for resolving cases.

Jan 13, 2014breach of contractbank liabilityhold out clausedeposit agreementscivil lawdamages

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Jan 6, 2014labor-lawconstructive-dismissalillegal-dismissalretirementsecurity-of-tenure

Constructive Dismissal Demotion and Unfulfilled Reinstatement Undermine Labor Rights

SC rules on constructive dismissal via demotion, reinstatement impossibility, and early retirement requiring explicit employee consent.