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显示第 8521–8544 篇,共 24,713 篇文章

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Aug 7, 2013res judicataexpropriationbad faithnational housing authorityconclusiveness of judgmentproperty rights

Res Judicata Bars NHA From Relitigating Bad Faith in Land Expropriation Case

The Supreme Court rules that conclusiveness of judgment prevents the NHA from re-arguing ownership and bad faith issues already settled in prior final cases.

Aug 7, 2013customs lawbureau of customsregulated goodsprohibited goodsseizureadministrative law

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Aug 7, 2013labor-lawcertiorarimotion-for-reconsiderationnlrcprocedural-rulegross-negligence

Motion for Reconsideration: A Prerequisite Before Certiorari in Labor Disputes

Philippine National Bank v. Arcobillas: a party must file a motion for reconsideration with the NLRC before seeking certiorari from the Court of Appeals.

Aug 7, 2013constructive-dismissallabor-lawillegal-dismissaltime-cardsemployer-liabilityabandonment

Tearing Time Cards as Constructive Dismissal: Employer Accountability in the Philippines

Philippine Supreme Court rules that tearing an employee's time card constitutes constructive dismissal, entitling workers to backwages and separation pay.

Aug 7, 2013insurance lawfire insurancecontract lawproperty relocationinsurance codesupreme court

Breach of Insurance Contract: The Impact of Unapproved Property Relocation

When insured property moves without insurer consent, coverage may cease. Learn from Malayan Insurance v. PAP Co. on relocation risks.

Aug 7, 2013conjugal-propertyproperty-lawcivil-codesupreme-courtlachesreconveyance

Unraveling Conjugal Property Rights When Titles Confuse Ownership

When do titles prove exclusive ownership over conjugal property? The Supreme Court clarifies the limits of the conjugal presumption.

Aug 7, 2013speedy trialconsolidationcriminal proceduresandiganbayanright of accusedrules of court

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.

Aug 7, 2013banking lawbangko sentralreceivershipmonetary boardpublic interestadministrative law

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Aug 7, 2013criminal-lawperjuryprivate-prosecutorrules-of-courtrevised-penal-code

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Aug 6, 2013election-lawparty-listcomelecra-7941nomineesphilippine-elections

Ensuring Complete Representation: The Mandatory Nature of Party-List Nominee Requirements in Philippine Electi

The Supreme Court affirms that submitting at least five nominees is a mandatory requirement for party-list groups, not a mere procedural detail.

Aug 5, 2013fiduciary-dutyattorney-ethicsproperty-lawdouble-saleunregistered-land

When a Lawyer Buys the Client's Land: Breach of Fiduciary Duty in Property Acquisition

A lawyer who bought property his clients had already purchased breached his fiduciary duty. The Supreme Court explains why.

Aug 5, 2013property-lawunregistered-landdouble-saleattorney-ethicsconflict-of-interestcivil-code

Unregistered Land Sales: Priority Rights and a Lawyer's Ethical Duty

When a lawyer buys his client's land, bad faith and conflict of interest can void the sale. Learn the rules on unregistered land priority.

Aug 5, 2013maritime lawseafarer disabilitypoea-secbunkhouse rulelabor law

Seafarer Disability Claims: When Injury During a Basketball Game Counts as Work-Related

The Supreme Court ruled that a seafarer injured during a basketball game on board a vessel may still claim total and permanent disability benefits.

Aug 5, 2013double saleattorney ethicsunregistered landbad faithquieting of titlecivil law

When a Lawyer Buys His Client’s Land: Double Sale and Bad Faith Under Philippine Law

A lawyer who bought land his clients had already purchased lost the case. The Supreme Court explains double sales, bad faith, and unregistered land rules.

Jul 31, 2013unlawful detainerprescription perioddemand to vacateejectmentproperty lawcivil procedure

Demand Is Key: Determining the Prescription Period for Unlawful Detainer in the Philippines

Learn how the Supreme Court ruled that the one-year period for unlawful detainer is counted from the last demand to vacate, not from the date of non-payment.

Jul 31, 2013property lawland registrationtorrens systemtax declarationsownership disputessupreme court

Superior Right Prior Land Decree Prevails Over Tax Declarations in Property Ownership Disputes

In property disputes, a prior decree of registration prevails over tax declarations. The Supreme Court explains why in Heirs of Delfin v. Rabadon.

Jul 31, 2013estate settlementvenuevoid marriageletters of administrationcivil law

Estate Settlement Venue and Void Marriages: Key Lessons from Quiazon

Philippine Supreme Court clarifies estate settlement venue rules and the right to challenge void marriages after death.

Jul 31, 2013value-added taxcommercial lawcontract lawtax liabilitysupreme courtnirc

VAT Liability and Contractual Stipulations: Lessons from Mendiola v. Commerz Trading

Philippine Supreme Court clarifies who bears VAT liability when a contract shifts tax burden—and who must pay the BIR.

Jul 31, 2013property-lawwrit-of-possessionextrajudicial-foreclosureact-3135mortgageredemption

Writ of Possession Is Ministerial Duty Despite Challenges to Mortgage Validity

Philippine Supreme Court ruling: a pending case questioning mortgage validity does not stop a writ of possession after foreclosure and redemption lapse.

Jul 31, 2013agrarian reformdarab jurisdictioncloadar secretaryadministrative law

Jurisdictional Boundaries When Agrarian Disputes Fall Under DAR Secretarys Authority

Philippine Supreme Court clarifies when DARAB lacks jurisdiction over CLOA cancellation cases and why the DAR Secretary must resolve them.

Jul 31, 2013land ownershipdecree of registrationtax declarationstorrens titlelachescivil law

Decree of Registration Prevails Over Tax Declarations in Land Ownership Disputes

Supreme Court ruling on why a decree of registration outweighs tax declarations and receipts in land ownership disputes.

Jul 31, 2013labor-lawunion-securityunfair-labor-practicedue-processsupreme-courtphilippines

Union Security Clauses: Balancing Union Rights and Employee Protection in the Philippines

Philippine Supreme Court ruling on union security clauses, expulsion, due process, and unfair labor practice claims.

Jul 31, 2013sheriffswrit of executionadministrative lawrules of courtcivil proceduregovernment employees

Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero

The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.

Jul 31, 2013criminal lawrape with homicideeyewitness testimonycredibilityevidencesupreme court

Eyewitness Testimony in Rape with Homicide Cases: Credibility and the Weight of a Single Witness

How Philippine courts assess the credibility of a single eyewitness in rape with homicide cases, explained through a 2013 Supreme Court ruling.