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显示第 9001–9024 篇,共 24,714 篇文章

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Jan 9, 2013civil-procedurejurisdictionsummonsunlawful-detainervoluntary-appearance

Voluntary Submission to Jurisdiction: When Active Participation Trumps Defective Summons

Defective summons doesn't defeat jurisdiction if a defendant voluntarily appears and seeks affirmative relief, as Optima Realty v. Hertz shows.

Jan 9, 2013pd-957hlurbmortgagecondominiumbuyers-protectionreal-estate

Mortgage on Condominium Land Void Without HLURB Approval: PBCom v. Pridisons

Supreme Court rules mortgages on land intended for condominium projects need HLURB approval under PD 957, protecting buyers over banks.

Jan 9, 2013falsificationprobable causepreliminary investigationgrave abuse of discretioncriminal lawrevised penal code

Falsification and Probable Cause: Protecting Individuals From Baseless Criminal Charges

The Supreme Court clarifies when courts may review prosecutors' findings and what probable cause requires in falsification cases.

Jan 8, 2013falsificationprobable causenotary publicpresumption of regularitycriminal law

Falsification of Documents: Probable Cause and Presumptions of Regularity

A Supreme Court ruling clarifies when allegations of falsification are enough to warrant prosecution, and the weight given to notarized documents.

Jan 8, 2013criminal lawillegal drug salebuy-bust operationillegal possessiondangerous drugs

When a Drug Sale Isn't a Sale: Payment Must Be Completed for Conviction

The Supreme Court clarifies that illegal drug sale requires actual payment, not just delivery. Learn the key elements and why possession still leads to conviction.

Jan 8, 2013hierarchy of courtscertiorariprohibitionmandamusrule 65supreme court

Hierarchy of Courts: Direct Filing of Certiorari, Prohibition, and Mandamus to the Supreme Court

The Supreme Court dismisses a direct petition for certiorari, prohibition, and mandamus, reaffirming the strict policy on the hierarchy of courts.

Jan 8, 2013election-lawcomelecdisqualificationdue-processcertificate-of-candidacyjurisprudence

Disqualification of Candidates: COMELEC’s Authority and Due Process Rights

The Supreme Court nullified COMELEC’s disqualification of a candidate, ruling the en banc acted without jurisdiction and violated due process.

Jan 8, 2013rapeincestparental authoritycriminal lawdeath penaltysupreme court

Parental Incest and Rape Law in the Philippines: The Buado Case

How Philippine courts handle incestuous rape by a parent, the proof of minority required, and the effect of the death penalty abolition.

Jan 8, 2013election-lawthree-term-limitcomeleclocal-governmentjurisprudence

Breaking the Chain: How Election Protests Can Interrupt the Three-Term Limit

The Supreme Court clarifies when an election protest breaks the three-term limit rule for local officials, using Mayor Abundo's case.

Jan 7, 2013ra 9262violence against womendating relationshipcriminal lawsupreme courtphilippines

RA 9262 Violence Against Women Extends Beyond Ongoing Relationships

Supreme Court clarifies that RA 9262 applies even after a dating relationship ends, protecting women from former partners' violence.

Jan 7, 2013administrative-law

Dereliction OF Duty Upholding Efficiency IN Court Processes

Jan 7, 2013preliminary injunctionforeclosureloan defaultcivil procedurebanking law

Loan Default and Foreclosure: When Preliminary Injunction Is Not Available

Philippine Supreme Court clarifies that a borrower in default cannot enjoin foreclosure without a clear legal right, citing TML Gasket v. BPI.

Jan 7, 2013administrative-law

Upholding Executive Power Import Restrictions AND THE Requirement OF Clear Legal Right

Jan 7, 2013annulment of judgmentdue processdefault judgmentexcessive interestcivil lawrules of court

Safeguarding Due Process: Annulment of Judgment for Excess Interest Rates

A default judgment granting 5% monthly interest when only 12% per annum was prayed for violates due process and may be annulled.

Dec 31, 2012reconstitution of titlerepublic act no. 26land registrationtransfer certificate of titleproperty law

Reconstitution of Lost Title: Supreme Court Clarifies Proof Requirements Under RA 26

Supreme Court clarifies when a lost owner's duplicate title can be reconstituted, and what evidence suffices under Republic Act No. 26.

Dec 11, 2012disbarmentlegal ethicsbriberycode of professional responsibilitysupreme courtadministrative law

Disbarment for Bribery Solicitation: Protecting the Integrity of the Judiciary

A lawyer who solicits money from clients to bribe judges deserves disbarment, as the Supreme Court ruled in Bueno v. Rañeses.

Dec 10, 2012labor-lawprocedural-rulesappealfinality-of-judgmentsupreme-courtnlrc

Supreme Court: Strict Adherence to Procedural Rules Prevails in Labor Appeals

Learn when courts may relax procedural rules in labor cases and why the Supreme Court rejected a belated appeal in Building Care Corp. v. Macaraeg.

Dec 10, 2012criminal-law

BUY Bust Operations Upholding Convictions Despite Procedural Lapses IN Drug Cases 2

Dec 10, 2012maritime-lawseafarersdeath-benefitspoea-contractcompensationcausation

Seafarers Death Benefits Proving Causation Between Injury AND Fatal Illness

Supreme Court ruling on seafarers' death benefits: bare allegations of causation between injury and fatal illness are not enough.

Dec 10, 2012civil-procedureappealfinality-of-judgmentattorney-negligencelabor-lawrules-of-court

Balancing Justice and Procedure When Attorney Negligence Threatens a Client's Appeal

The Supreme Court clarifies when courts may relax procedural rules, holding that a counsel's ordinary negligence binds the client and cannot justify a late appeal.

Dec 10, 2012reconveyancetorrens titlegood faithland registrationcivil law

Reconveyance and Good Faith: When a Torrens Title Is Not Enough

Philippine Supreme Court rules that a Torrens title obtained in bad faith may be defeated by an action for reconveyance by one with a better right.

Dec 10, 2012reconstitutionland titleproperty lawra 26torrens systemcivil law

Reconstitution of Lost Titles: Why Original Documents Matter for Property Ownership

Philippine Supreme Court explains strict requirements for reconstituting lost land titles under RA 26, emphasizing original documents over substitutes.

Dec 10, 2012reconstitution of titletorrens titlerepublic act 26lost certificate of titleproperty law

Reconstitution of Title: The Critical Requirements of Loss and Good Faith

Philippine Supreme Court clarifies strict requirements for judicial reconstitution of lost or destroyed Torrens titles under RA 26.

Dec 10, 2012maritime lawseafarer death benefitspoea contractcompensation claimssupreme court

Causal Connection in Seafarer Death Claims: Proving the Link Between Injury and Fatality

Philippine Supreme Court clarifies the evidentiary standard for death compensation claims in seafarer cases, requiring substantial proof of causation.