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显示第 9169–9192 篇,共 24,714 篇文章

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Oct 3, 2012civil-law

Preliminary Injunctions Upholding Foreclosure Rights Absent A Clear Legal Violation

Oct 3, 2012legal ethicsdue processindispensable partiesjudicial conductsummonsphilippine law

When Due Process Is Denied: Judge Fined for Ignoring Indispensable Parties and Legal Procedures

A Supreme Court administrative case shows how a judge was fined for ignoring indispensable parties, skipping summons rules, and violating notice requirements.

Oct 3, 2012trust receipts lawestafacriminal lawnovationloan restructuringp.d. 115

Trust Receipts vs Ordinary Loans: When Debt Restructuring Does Not Erase Criminal Liability

Philippine National Bank v. Soriano clarifies when restructuring a trust receipt loan does not extinguish criminal liability for estafa under PD 115.

Oct 3, 2012criminal-law

Chain OF Custody IN Drug Cases Ensuring Integrity OF Evidence FOR Conviction 2

Oct 3, 2012commercial-law

Construction Contracts Provisional Approval AND THE Right TO RE Evaluate Work

Oct 2, 2012administrative-lawgross-ignorance-of-the-lawjudicial-disciplinefinality-of-judgmentrule-119code-of-judicial-conduct

Upholding Judicial Integrity: Dismissal for Gross Ignorance of the Law in Reopening Finalized Criminal Cases

A judge's dismissal for reopening a final and executory criminal case, and the duty of courts to respect finality of judgment.

Oct 1, 2012corporate rehabilitationforeclosurestay orderwrit of possessionbanking lawredemption

Foreclosure vs Rehabilitation: When a Stay Order Takes Effect

A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.

Sep 26, 2012medical negligenceburden of prooftortssurgeonsdamagessupreme court

Burden of Proof in Medical Negligence: Surgeons Not Automatically Liable for Patient's Death

Philippine Supreme Court clarifies that surgeons are not automatically liable for a patient's death; plaintiffs must prove negligence and causation.

Sep 26, 2012tax-lawincome-taxnon-profit-hospitalsbirnircsupreme-court

Taxation of Non-Profit Hospitals: Balancing Charity and Commerce in the Philippines

The Supreme Court clarifies when non-profit hospitals lose income tax exemption and pay the 10% preferential rate under the NIRC.

Sep 26, 2012maritime-law

Seafarers Rights Establishing Work Relatedness IN Illness Claims

Sep 26, 2012loan restructuringforeclosureborrower rightsinjunctionland bankmortgage

Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines

When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.

Sep 26, 2012tax amnestyra 9480birtax assessmentphilippine tax law

Tax Amnesty Under RA 9480: Can It Cover Prior Tax Assessments?

The Supreme Court ruled that a taxpayer may avail of the 2007 tax amnesty under RA 9480 even with a pending assessment, settling the scope of the program.

Sep 26, 2012administrative lawsubstantial evidencedue processcivil servicegsis

Upholding Due Process in Administrative Cases: The Standard of Substantial Evidence

The Supreme Court clarifies that administrative liability requires substantial evidence of wrongdoing, not mere presumption or opportunity to commit an offense.

Sep 25, 2012amparohabeas dataconstitutional lawwritshuman rightsphilippine supreme court

Balancing Security and Liberty: Understanding the Limits of Amparo and Habeas Data Petitions in the Philippine

The Supreme Court clarifies when amparo and habeas data writs may be granted, emphasizing substantial evidence over mere fears.

Sep 25, 2012amparohabeas datasubstantial evidenceconstitutional lawhuman rightscommand responsibility

Balancing Security and Liberty: Substantial Evidence in Amparo and Habeas Data Cases

The Supreme Court clarifies the evidentiary standard for amparo and habeas data petitions, balancing national security concerns with individual liberty.

Sep 25, 2012administrative lawdishonestygrave misconductjudiciary fundspublic trustdismissal

Court Cash Clerk Dismissed for Dishonesty and Misconduct in Handling Judiciary Funds

Supreme Court affirms dismissal of court cash clerk for misappropriating judiciary funds through falsified official receipts, citing public trust principles.

Sep 24, 2012civil-lawproperty-lawannulment-of-judgmentinheritancequieting-of-titlereconveyance

Voiding Contracts: The Perils of Selling Future Inheritance and Post-Mortem Deeds in Philippine Property Law

Philippine Supreme Court clarifies when a non-party can annul a judgment and the risks of selling inherited property before the estate is settled.

Sep 24, 2012sheriffsadministrative lawgrave misconductexecution of judgmentsrules of court

Sheriffs Misconduct Upholding Integrity In Execution Of Court Orders

When a sheriff mishandles execution funds and demands extra fees, the Supreme Court steps in. Learn the rules and consequences.

Sep 24, 2012annulment of judgmentrule 47civil procedurefinal judgmentquieting of titlereconveyance

Annulment of Judgment: When a Non-Party Can Challenge a Final Court Decision

A non-party cannot seek annulment of judgment under Rule 47 if the decision does not bind or prejudice them. The Supreme Court explains the proper remedies.

Sep 24, 2012b.p. 22bouncing checks lawnotice of dishonorcriminal lawevidencesupreme court

Proof of Notice in B.P. 22 Cases: Registry Receipt Alone Insufficient

In B.P. 22 cases, a registry return receipt alone cannot prove notice of dishonor. Learn what evidence the prosecution must present.

Sep 24, 2012judicial accountabilityadministrative lawcontempt of courtjudgesmisconductundue delay

Judicial Accountability: Undue Delay and Misconduct Claims Against Judges in the Philippines

The Supreme Court clarifies when judges face administrative liability for delay and misconduct, and when complaints merely substitute for lost judicial remedies.

Sep 24, 2012annulment of judgmentrule 47civil procedureproperty lawphilippine supreme courtfinal judgment

Annulment of Judgment: Who Can Sue and When It Is Allowed Under Philippine Law

Learn who may file annulment of judgment under Rule 47, the limited grounds, and why non-parties have other remedies.

Sep 24, 2012annulment of judgmentrule 47civil procedurefinal judgmentproperty rights

Annulment of Judgment: When a Non-Party Can Challenge a Final Court Decision

Learn when Philippine courts allow annulment of judgment under Rule 47, and why non-parties have limited remedies.

Sep 24, 2012bp-22bouncing-checksnotice-of-dishonorcriminal-lawproof-beyond-reasonable-doubt

Proof of Notice of Dishonor: A Critical Safeguard in Bouncing Check Cases

Learn how the Supreme Court requires strict proof of written notice of dishonor before convicting under the Bouncing Checks Law.