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显示第 8809–8832 篇,共 24,714 篇文章

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Apr 3, 2013civil procedureamendment of complaintdelayland banksupreme court

Unraveling Delay When A Party's Change of Heart Revives a Stalled Legal Battle

When parties agree to admit an amended complaint after years of delay, the Supreme Court steps in to restart a stalled case.

Apr 3, 2013property-lawtorrens-titlecollateral-attackquieting-of-titleland-disputessupreme-court

Direct vs Collateral Attack: Clarifying Land Title Disputes in the Philippines

A Supreme Court ruling clarifies when a counterclaim to nullify a land title is a permissible direct attack, not a barred collateral one.

Apr 3, 2013writ of possessionextrajudicial foreclosureact 3135third-party claimsmortgage redemptionphilippine supreme court

Writ of Possession After Foreclosure: When Third-Party Claims and Pending Cases Don't Stop the Writ

Philippine Supreme Court clarifies when a writ of possession is ministerial and how pending annulment cases, third-party claims, and surplus issues affect the rule.

Apr 3, 2013foreclosuremortgagecivil procedurecourt of appealsproperty law

Challenging Foreclosure When Courts Must Halt Mortgage Proceedings

When can courts dismiss appeals for incomplete attachments? Galvez v. CA clarifies the rules on foreclosure challenges and procedural compliance.

Apr 3, 2013criminal-law

Incestuous Rape Upholding Victim Testimony AND Parental Responsibility

Apr 3, 2013criminal-lawdangerous-drugschain-of-custodybuy-bust-operationra-9165evidence

Broken Chain of Custody Leads to Acquittal in Drug Sale Case

Supreme Court acquits drug suspect when police fail to document custody of seized shabu, stressing strict compliance with RA 9165.

Apr 3, 2013civil procedurerule 42court of appealspetition for reviewsubstantial compliance

Balancing Technical Rules and Justice When the Court of Appeals Must Review Cases on Merit

The Supreme Court clarifies that failure to attach all pleadings to a Rule 42 petition should not automatically result in outright dismissal.

Apr 3, 2013litis pendentiacivil procedureamusement taxlocal government codefilm development councilsm prime

Litis Pendentia When Two Courts Collide Over Amusement Taxes

When two courts hear the same dispute over amusement tax rewards, litis pendentia allows dismissal of the later suit.

Apr 3, 2013writ of possessionextrajudicial foreclosureact 3135property lawredemptionucpb

Writ of Possession After Foreclosure: When a Purchaser's Right Is Absolute

Philippine Supreme Court explains when a foreclosure sale purchaser may demand a writ of possession and when exceptions apply.

Apr 3, 2013criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustevidence

Chain of Custody in Drug Cases: Why Evidence Integrity Determines Guilt or Acquittal

The Supreme Court explains why strict compliance with the chain of custody rule in drug cases is essential to protect the accused from wrongful conviction.

Apr 2, 2013election-lawcomelecspecial-electionsfailure-of-electionsdue-processsupreme-court

Upholding Comelec's Discretion: Balancing Electoral Integrity and Due Process in Special Elections

The Supreme Court affirms Comelec's broad discretion in conducting special elections after failure of elections, balancing integrity against due process concerns.

Apr 2, 2013administrative-lawgross-misconductcivil-servicejail-officersnegligencesupreme-court

Jail Officers Negligence Defining Gross Misconduct in Public Service

Supreme Court ruling on when a jail officer's negligence and consent to a prisoner's escape constitutes gross misconduct in public service.

Apr 2, 2013administrative lawdue processcivil servicegovernment employeesdismissal from service

Breach of Public Trust: When Dismissal in Government Service Fails Due Process

A Supreme Court ruling on why a government employee's dismissal for insubordination was void for violating due process requirements.

Apr 1, 2013judicial ethicsdisqualificationaffinitycode of judicial conductadministrative law

Affinity and Judicial Disqualification: What the Supreme Court Clarified

The Supreme Court clarifies when family relations by affinity disqualify a judge, and why mere allegations are not enough.

Apr 1, 2013civil proceduresubstituted servicesummonsdue processjurisdictionservice of summons

Upholding Due Process: Strict Requirements for Substituted Service of Summons in the Philippines

Learn the strict rules for substituted service of summons in Philippine civil cases, based on the Supreme Court's ruling in Chu v. Mach Asia Trading Corporation.

Apr 1, 2013labor-lawretirement-benefitsnon-diminutioncompany-practicesupreme-court

Diminution of Benefits and Company Practice in Retirement Claims: The Vergara Case

When does a benefit become a company practice? The Supreme Court clarifies the rules on non-diminution of benefits in retirement claims.

Apr 1, 2013judicial disqualificationaffinityrule 137code of judicial conductadministrative casesupreme court

Affinity and Judicial Disqualification: What the Supreme Court Clarified

The Supreme Court explains when a judge's family relationship by affinity requires inhibition, and why a losing litigant's late complaint failed.

Mar 20, 2013maritime-lawseafarer-rightsdisability-benefitspoea-secoccupational-diseasesickness-allowance

Seafarer Wins Disability Benefits for Non-Work-Related Illness Under POEA Contract

Philippine Supreme Court rules seafarers can claim disability benefits for illnesses not listed as occupational diseases under the POEA-SEC, if work contributed.

Mar 20, 2013property lawprescriptiontoleranceadverse possessionland ownershipcivil law

Tolerance and Land Ownership: How Permissive Use Impacts Property Rights in the Philippines

Philippine Supreme Court ruling on how possession by mere tolerance cannot ripen into ownership through prescription or adverse possession.

Mar 20, 2013naturalizationcommonwealth act no. 473declaration of intentioncitizenshipsupreme courtimmigration law

Premature Naturalization Petitions: Strict Compliance With Filing Deadlines

The Supreme Court rules that filing a naturalization petition before the one-year waiting period ends is fatal, reversing a grant of citizenship.

Mar 20, 2013naturalizationcommonwealth act no. 473supreme courtcitizenshipone-year rulephilippine law

Strict Compliance Required: The One-Year Rule in Philippine Naturalization Cases

The Supreme Court reaffirms that filing a naturalization petition before the one-year waiting period expires is fatal, even if the government participated in the proceedings.

Mar 20, 2013civil procedurefailure to prosecuteland registrationrules of courtwitness qualificationsupreme court

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

Mar 20, 2013land registrationwitness competencyfailure to prosecuterules of courtproperty law

Authority to Represent: Clarifying Witness Competency in Land Registration Cases

Supreme Court clarifies that witnesses need no special authorization to testify, reversing dismissal of land registration case.

Mar 20, 2013criminal-lawrapecredibilityintimidationrevised-penal-codesupreme-court

Rape Conviction Upheld: Victim Credibility and Use of Intimidation

Supreme Court affirms rape conviction, ruling that a credible victim's testimony and the use of a deadly weapon suffice to prove guilt.