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显示第 8305–8328 篇,共 24,709 篇文章

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Nov 27, 2013corporate lawpiercing the corporate veilsolidary liabilityloan agreementscivil lawjurisprudence

Piercing the Corporate Veil in Loan Agreements: What the Supreme Court Requires

The Supreme Court clarifies when courts may pierce the corporate veil to hold stockholders personally liable for corporate loans.

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, 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, 2013labor-lawillegal-dismissalsuspension-of-operationsarticle-286labor-codeemployee-rights

Employer's Duty to Recall Employees After Six-Month Suspension of Operations

Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.

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 26, 2013sheriffsadministrative-lawcourt-writsfunds-handlingmisconductphilippine-law

Sheriffs Duty Strict Compliance With Rules ON Handling Funds IN Executing Court Writs

Sheriffs must strictly follow rules on handling funds in executing court writs; failure to do so constitutes misconduct.

Nov 26, 2013election-lawcomelecmoney-banvote-buyingconstitutional-lawsupreme-court

Elections and Financial Regulations: Analyzing the Limits of Comelec's Authority

The Supreme Court dismissed a challenge to Comelec's money ban resolution as moot, leaving key constitutional questions unanswered.

Nov 25, 2013common carrierarrastre operatorcargo damagecarriage of goods by seacogsacustoms broker

Common Carriers vs Arrastre Operators: Who Bears Liability for Cargo Damage?

Philippine Supreme Court clarifies when a common carrier's custody of cargo ends and an arrastre operator's begins, and when customs brokers become common carriers.

Nov 25, 2013right to silencecustodial investigationconstitutional rightscriminal procedurerape casepeople v guillen

Right to Silence in Custodial Investigations: What People v. Guillen Means for Accused Persons

The Supreme Court clarifies that silence during custodial investigation cannot be used as implied admission of guilt against an accused.

Nov 25, 2013criminal-lawstatutory-rapeevidenceage-determinationrapesupreme-court

Proving the Victim's Age in Statutory Rape Cases: Lessons from People v. Hilarion

The Supreme Court clarifies how the prosecution must prove a rape victim's age, and why the failure to do so downgrades statutory rape to simple rape.

Nov 25, 2013real property taxtax exemptionfranchiselocal government codera 7678digitel

Real Property Tax on Franchise Holders: When Tax Exemptions Apply

Supreme Court rules on real property tax exemptions for franchise holders, explaining what "exclusive of this franchise" means under RA 7678.

Nov 25, 2013right to remain silentcustodial investigationrapecriminal procedureconstitutional rights

Right to Remain Silent Prevails: Silence at Custodial Investigation Not an Admission of Guilt

Supreme Court rules silence during custodial investigation cannot be used as implied admission of guilt in rape case.

Nov 25, 2013onerous donationcivil lawproperty transferdonation revocationingratitudecontracts

Onerous Donations Contract Law vs Gratuitous Intent in Property Transfers

When a donation carries a burden, contract rules apply. Learn how Philippine law treats onerous donations and revocation for ingratitude.

Nov 20, 2013burden of proofchattel mortgageloan obligationnotice of losscivil lawinsurance claim

Burden of Proof in Loan Obligations: Notice of Loss in Chattel Mortgage Agreements

When a mortgaged vehicle is stolen, borrowers must prove they notified the bank. Learn the burden of proof rules from a Supreme Court ruling.

Nov 20, 2013insurance-lawsurety-bondexecution-pending-appealjudgment-on-pleadingscivil-proceduregsis

Procedural Pitfalls: Why Choosing the Right Appeal Matters in Surety Bond Disputes

GSIS v. Prudential Guarantee shows how procedural missteps in appeals and execution pending appeal can shape the outcome of surety bond disputes.

Nov 20, 2013gsisinsurance lawexecution pending appealgarnishmentreinsurancegovernment contracts

GSIS Funds and Contractual Obligations: When State Policy Yields to Private Rights

The Supreme Court clarifies when GSIS funds may be garnished and when execution pending appeal is proper.

Nov 20, 2013property lawland registrationjurisdictionmilitary reservationtorrens titlecivil law

Jurisdiction in Property Disputes: Nullifying Contracts vs. Recovering Land Rights

When can the government nullify land titles? The Supreme Court clarifies jurisdiction rules in property disputes involving military reservations.

Nov 20, 2013legal ethicsattorney disciplinenegligenceibpcode of professional responsibility

Attorney Suspended for Neglect of Duty and Disregard of IBP Orders

A lawyer who neglects a client's appeal and ignores IBP directives faces a one-year suspension, reminding attorneys of their duties.

Nov 20, 2013agrarian reformretention rightsoperation land transferloi 474ra 6657pd 27

Retention Rights Under Agrarian Reform: Limits for Landowners With Other Agricultural Holdings

Philippine Supreme Court clarifies when landowners with other agricultural lands lose retention rights over tenanted rice lands under LOI 474.

Nov 20, 2013administrative-lawbail-bondforgeryrule-45supreme-courtphilippines

Hearsay on Trial: Proving Misconduct in Philippine Administrative Law

A look at Far Eastern Surety v. People, on bail bond liability, forgery claims, and the proper mode of appeal under Rule 45.

Nov 20, 2013land ownershipforged documentsgood faithtorrens titleprescriptioncivil law

Forged Documents and Good Faith: Protecting Land Ownership in the Philippines

When forged deeds meet buyers' good faith, Philippine courts weigh title protection against prudence. Learn the rules from a recent Supreme Court ruling.

Nov 19, 2013anti-graft lawrepublic act 3019probable causesandiganbayanpublic fundscocofed

When Public Funds Meet Private Entities: The Boundaries of the Anti-Graft Law

The Supreme Court clarifies when government financial assistance to private organizations may or may not violate Section 3(e) of the Anti-Graft Law.

Nov 19, 2013pork barrelpdafconstitutional lawseparation of powersbudgetsupreme court

Ending Pork: Supreme Court Defines Limits on Congressional Power Over Budget

The Supreme Court struck down PDAF as unconstitutional, redefining the limits of congressional power over the national budget.

Nov 19, 2013ombudsmanadministrative lawrule 65finality of decisionscertioraricivil service

Finality of Ombudsman Decisions and the Correct Remedy for Complainants

Learn when Ombudsman rulings are final and unappealable, and how complainants can still seek review via certiorari under Rule 65.