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显示第 8401–8424 篇,共 24,710 篇文章

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Oct 14, 2013prescriptionquieting of titlevoid titlereal propertycivil law

Prescription and Void Titles: When Real Property Actions Do Not Prescribe

Philippine Supreme Court clarifies when actions to declare void titles prescribe, and why quieting title actions may not be time-barred.

Oct 14, 2013estafacriminal liabilitynovationagencyrevised penal codesupreme court

Estafa and Agency Criminal Liability Cannot Be Extinguished by Contractual Novation

Supreme Court rules novation cannot extinguish criminal liability for estafa; only the State may waive criminal action.

Oct 14, 2013sheriffsadministrative lawdishonestyrules of courtpublic servicejudicial ethics

Sheriffs' Duties and Ethical Conduct: Receiving Funds and Serving Summons

A Supreme Court ruling clarifies sheriff duties, the proper procedure for travel expense deposits, and the ethics of receiving funds.

Oct 14, 2013election-lawsubstitute-candidatecomelecomnibus-election-codecandidate-substitutionphilippine-elections

When Can a Substitute Candidate Validly Replace Another in Philippine Elections

Philippine election law on substitution of candidates: grounds, deadlines, and rules for valid replacement under the Omnibus Election Code.

Oct 9, 2013criminal lawhomicidemurdermitigating circumstancesvoluntary surrendertreachery

Voluntary Surrender and the Downgrade from Murder to Homicide in People v. Placer

When treachery is not proven beyond reasonable doubt, the crime is homicide. Voluntary surrender then lowers the penalty. Here's how.

Oct 9, 2013murdertreacheryevident premeditationcircumstantial evidencecriminal lawreclusion perpetua

Treachery and Evident Premeditation in Murder: Proving Guilt Beyond Reasonable Doubt

Conviction upheld where treachery and evident premeditation were proven; circumstantial evidence sufficed to establish guilt beyond reasonable doubt.

Oct 9, 2013criminal lawrapevictim credibilityqualified rapesupreme court

Victim Credibility in Rape Cases: Delay in Reporting and Lack of Medical Evidence

Philippine Supreme Court clarifies that a rape victim's testimony alone can sustain a conviction, even with delayed reporting and no medical evidence.

Oct 9, 2013land registrationproperty registration decreepd 1529possessiontorrens titlesupreme court

Land Registration Denied: Proving Possession Since June 12, 1945

The Supreme Court clarifies the strict requirements for land registration under P.D. 1529, emphasizing the need for clear proof of possession since June 12, 1945.

Oct 9, 2013breach of contractsales agreementnon-deliverydamagescivil code

Breach of Contract in Sales: Who Bears Liability for Non-Delivery and Refused Goods

Philippine Supreme Court clarifies liability when a buyer refuses delivery and a seller fails to deliver, with damages computed.

Oct 9, 2013criminal lawcircumstantial evidencemurderrules of courtsupreme court

Guilt Beyond Doubt: Circumstantial Evidence in Philippine Murder Convictions

The Supreme Court affirms murder convictions based on circumstantial evidence, explaining when such evidence suffices to prove guilt beyond reasonable doubt.

Oct 9, 2013contract-lawbreach-of-contractdamagescivil-codesecurity-agencygood-faith

Breach of Contract and Good Faith in Security Service Agreements: Adriano v. Lasala

Philippine Supreme Court ruling on unlawful termination of security service contracts, bad faith, and damages under Civil Code.

Oct 9, 2013torrens-titleland-registrationpd-1529possessiontax-declarationsproperty-law

Torrens Title Indefeasibility and the Burden of Proof in Land Registration Applications

The Supreme Court clarifies that tax declarations alone cannot prove possession since 1945, a key requirement for judicial land registration under P.D. 1529.

Oct 9, 2013family-lawforum-shoppingprotection-orderscustodyra-9262litis-pendentia

Forum Shopping and Protection Orders: Avoiding Conflicting Rulings in Custody Disputes

When a mother filed for a protection order in another court while a custody case was pending, the Supreme Court clarified the limits of forum shopping.

Oct 9, 2013rescissiontorrens-titlecollateral-attackindispensable-partycivil-lawland-disputes

Rescission Rights Clarifying Judicial Intervention In Contract Disputes

The Supreme Court clarifies when courts can void contracts and titles, and why Torrens titles cannot be attacked collaterally.

Oct 8, 2013torrens titleland disputecollateral attackindispensable partypurchaser in good faithproperty registration

Why Torrens Titles Are Indefeasible: Collateral Attacks and Good Faith Buyers

Philippine law protects Torrens titles from collateral attack. Learn the rules on direct challenges, indispensable parties, and good faith buyers.

Oct 8, 2013grave misconductdrug usecivil servicejudiciarydismissalshabu

Dismissal for Drug Use Upholding Integrity in the Judiciary

Supreme Court dismisses court employee for shabu use, ruling it grave misconduct that tarnishes the Judiciary's image and integrity.

Oct 8, 2013vat refundtax lawoperative fact doctrinebir rulingcourt of tax appeals

Navigating VAT Refund Claims: Mandatory Periods and the Operative Fact Doctrine

The Supreme Court clarifies the mandatory 120+30 day periods for VAT refund claims and when the operative fact doctrine applies.

Oct 7, 2013criminal-lawfrustrated-homicideintent-to-killrevised-penal-codesupreme-court

Intent to Kill: Assessing the Elements of Frustrated Homicide in Philippine Law

How Philippine courts determine intent to kill in frustrated homicide cases, explained through a Supreme Court ruling on a scythe attack.

Oct 7, 2013prescriptionordinance violationscriminal proceduresummary procedureact no. 3326jadewell

Prescription Period for Ordinance Violations: Filing the Complaint vs. the Information

When does prescription run for ordinance violations? The Supreme Court clarifies whether filing a complaint with the prosecutor interrupts the period.

Oct 2, 2013real-property-taxpayment-under-protesttax-exemptionlocal-government-codeassessment-appeals

Tax Exemption vs Assessment: Understanding Payment Under Protest in Real Property Tax Disputes

Philippine Supreme Court clarifies that claiming tax exemption does not excuse payment under protest before appealing a real property tax assessment.

Oct 2, 2013criminal procedureappealfinality of judgmentrules of courtestafa

Belated Appeal in Criminal Cases: Finality of Judgment and the Right to Appeal

A belated notice of appeal in a criminal case results in finality of judgment. This article explains the rules and exceptions.

Oct 2, 2013real property taxpayment under protestlocal government codetax exemptionassessment appeal

Pay Under Protest Before Contesting Real Property Tax Assessments

A claim for tax exemption does not excuse payment under protest before appealing a real property tax assessment under the Local Government Code.

Oct 2, 2013contract-to-sellspecific-performanceproperty-lawobligationsdeed-of-salesupreme-court

Contract to Sell: Full Compliance Required Before Buyer Can Demand Deed of Sale

Philippine Supreme Court ruling clarifies that buyers under a contract to sell must fulfill all obligations—not just the purchase price—before demanding a deed of sale.

Oct 2, 2013contract-to-sellspecific-performancereal-estateobligation-to-conveyphilippine-lawsupreme-court

Contract to Sell: Full Compliance Required Before Seller Must Convey Property

Philippine Supreme Court clarifies that buyers under a contract to sell must fully comply with all obligations—not just payment—before demanding a deed of sale.