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显示第 8281–8304 篇,共 24,709 篇文章

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Dec 4, 2013writ of possessionforeclosurereal estate mortgageact no. 3135surplus proceedsbanking law

Writ of Possession After Foreclosure: When the Surplus Must Be Returned

Philippine Bank of Communications v. Yeung clarifies when a writ of possession issues after foreclosure and how sale surpluses are handled.

Dec 4, 2013labor-lawgrave-abuse-of-discretionnlrcnegligenceretirement-benefitsquitclaim

Grave Misconduct and Discretion: Analyzing Quasi-Judicial Errors in Labor Disputes

When can courts overturn NLRC rulings? This case clarifies grave abuse of discretion and negligence standards in labor disputes.

Dec 3, 2013senior citizenspolice powereminent domaintax deductionconstitutional lawra 9257

Senior Citizen Discounts: Police Power vs. Eminent Domain in Business Regulations

The Supreme Court clarifies that the 20% senior citizen discount is a valid exercise of police power, not eminent domain, in Manila Memorial Park v. DSWD.

Dec 2, 2013preventive suspensionfalsificationra 3019anti-graftpublic officerssandiganbayan

Falsification of Public Documents and Preventive Suspension Under RA 3019

When does falsification of public documents justify preventive suspension under Section 13 of RA 3019? The Supreme Court explains.

Dec 2, 2013myocardial infarctionwork-related illnessemployees compensationphilippine lawsupreme court

Work-Related Illness Compensability of Myocardial Infarction Under Philippine Law

Philippine law on compensability of myocardial infarction as a work-related illness, explained through Supreme Court rulings and legal standards.

Dec 2, 2013rapemental retardationwitness credibilitycriminal lawsupreme court

Rape Conviction Upheld Despite Victim's Mental Retardation: People v. Manicat

The Supreme Court upheld a rape conviction where the victim had mild mental retardation, ruling that mental disability does not automatically disqualify a witness.

Dec 2, 2013criminal-lawrapeevidencewitness-testimonymental-retardationsupreme-court

Protecting Vulnerable Victims: Admissibility of Testimony From Persons With Mental Retardation in Rape Cases

The Supreme Court affirms that persons with mental retardation can be credible witnesses in rape cases, provided they understand questions and testify clearly.

Dec 2, 2013torrens-titleland-registrationprescriptionreconveyanceproperty-lawpd-1529

Upholding Integrity Notarial Duty AND Consequences OF Falsification

Philippine Supreme Court ruling on Torrens title indefeasibility, one-year bar to annulment, and reconveyance prescription periods explained.

Dec 2, 2013labor-lawloss-of-trustmanagerial-employeesillegal-dismissalterminationsupreme-court

Breach of Trust: Upholding Employer Rights in Managerial Dismissals in the Philippines

The Supreme Court clarifies when loss of trust and confidence justifies dismissing managerial employees, even without actual damage to the employer.

Nov 27, 2013mutuality of contractsinterest ratesbanking lawcivil codeforeclosure

Mutuality of Contracts When Banks Unilaterally Impose Interest Rates

Philippine Supreme Court ruling on when banks cannot unilaterally impose interest rates, and the legal interest that applies.

Nov 27, 2013judicial clemencyadministrative casesupreme courtphilippine judiciaryjudge misconductreformation

Judicial Clemency in the Philippines: What Judges Must Prove to Return to the Bench

The Supreme Court denies a former judge's plea for judicial clemency, clarifying the strict requirements for reformation and remorse.

Nov 27, 2013unlawful detainerejectmentwritten demandproperty rightspresidential decreeland ownership

Written Demand and Unlawful Detainer: Protecting Landowners From Unauthorized Property Sales

A Supreme Court ruling clarifies when a written demand triggers ejectment and why an unconstitutional decree cannot justify continued possession.

Nov 27, 2013foreclosurereal-estate-mortgageinterest-ratesbanking-lawphilippine-lawsupreme-court

Foreclosure Validity: Banks Can Foreclose Despite Disputed Loan Agreements

Supreme Court ruling on when banks may foreclose despite disputed interest rates, and the legal interest that applies after default.

Nov 27, 2013graftcorruptionra 3019good faithpublic officesandiganbayan

Good Faith and Public Office: Reassessing Graft and Corruption in Philippine Law

The Supreme Court clarifies that good faith and lack of manifest partiality can defeat graft charges under RA 3019.

Nov 27, 2013kidnappingconspiracycriminal lawrevised penal coderansomsupreme court

Kidnapping for Ransom: How Conspiracy and Flight Establish Criminal Liability

Philippine Supreme Court ruling on kidnapping for ransom, conspiracy liability, and damages in People v. Niegas.

Nov 27, 2013judicial clemencysupreme courtadministrative casejudgesphilippine judiciary

Judicial Clemency in the Philippines: What Judges Must Prove to Return to the Bench

Philippine Supreme Court denies former judge's plea for judicial clemency, clarifying the strict requirements for reformation and remorse.

Nov 27, 2013unlawful detainerejectmentproperty lawlandowner rightsbuilder in good faithphilippine supreme court

Tenancy Rights vs Ejectment: Landowner Obligations in Philippine Property Law

Understand the 2013 Mirallosa ruling on unlawful detainer, landowner rights, and good faith builders in Philippine property disputes.

Nov 27, 2013labor-lawsecurity-of-tenureproject-employmentregular-employmentillegal-dismissalbroadcasting

Regular vs Project Employment: Security of Tenure in Philippine Broadcasting

GMA Network v. Pabriga clarifies when broadcast technicians are regular employees entitled to security of tenure, not project workers.

Nov 27, 2013criminal-lawbuy-bustdangerous-drugsra-9165evidencechain-of-custody

Buy-Bust Operations and the Integrity of Drug Evidence in Illegal Sale Cases

The Supreme Court affirms a drug sale conviction, explaining the elements of the offense and why minor lapses in evidence handling do not automatically acquit.

Nov 27, 2013primary jurisdictioncommission on auditlocal governmentmoney claimsgovernment contractsadministrative law

COA Primary Jurisdiction Over Money Claims Against LGUs: The Province of Aklan Case

The Supreme Court clarifies that money claims against local government units must first be filed with the Commission on Audit, not the regular courts.

Nov 27, 2013unlawful detainerproperty lawcivil lawpresidential decreebuilder in good faithjurisdiction

Contractual Obligations Upholding Written Agreements in Property Sales

Supreme Court ruling on unlawful detainer, unconstitutional decrees, and good faith in property possession disputes.

Nov 27, 2013criminal lawhomicidemurdertreacheryrevised penal codesupreme court

Homicide vs Murder: When a Sudden Attack Lacks Treachery in Philippine Law

The Supreme Court explains when a sudden, spontaneous attack with a beer bottle is homicide, not murder, for lack of treachery.

Nov 27, 2013criminal-lawmurderfrustrated-murderconspiracytreacherypositive-identification

Positive Identification and Conspiracy in Murder and Frustrated Murder Convictions

The Supreme Court affirms murder and frustrated murder convictions based on positive identification, conspiracy, and treachery in People v. Maglente.

Nov 27, 2013judicial clemencyadministrative lawsupreme courtcode of judicial conductpublic trust

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.