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显示第 9433–9456 篇,共 24,722 篇文章

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Jun 18, 2012litis pendentiacivil procedureres judicatadeclaration of heirshipcivil register

Litis Pendentia vs. Separate Causes of Action: A Philippine Civil Law Primer

Philippine Supreme Court clarifies when two suits involve the same cause of action, distinguishing litis pendentia from separate proceedings.

Jun 18, 2012custodia legisagrarian reformjust compensationland bankspecial agrarian courtcivil procedure

Custodia Legis: Ensuring Impartial Custody of Just Compensation in Agrarian Reform

The Supreme Court affirms that trial courts may order physical turnover of agrarian reform deposits to the clerk of court for custodia legis, ensuring impartial custody pending final valuation.

Jun 18, 2012demolitiondue processgraftofficial actioncriminal liability

Demolition Without Due Notice: The Limits of Official Action and Graft Prosecution

A look at when demolition without notice crosses the line into criminal liability, and the legal safeguards against official overreach.

Jun 18, 2012agencysurety bondcivil lawapparent authorityspecial power of attorneyinsurance

When an Agent Exceeds Authority: Surety Bonds and the Limits of Apparent Authority

The Supreme Court clarifies when a principal is liable for an agent's unauthorized surety bond, and when third persons must verify authority.

Jun 18, 2012criminal-lawstatutory-rapera-7610revised-penal-codesupreme-courtsexual-abuse

Age Discrepancies in Statutory Rape: Reassessing Penalties Under Special Laws and the Revised Penal Code

Philippine Supreme Court clarifies when a child victim's age determines whether an offender is charged with statutory rape or sexual abuse under RA 7610.

Jun 18, 2012agencyratificationreal estate mortgagecivil lawspecial power of attorney

Ratification Validates Unauthorized Acts: Agency Law in Philippine Mortgages

Explaining how ratification under Philippine law validates an agent's unauthorized mortgage acts, as ruled in Prieto v. Court of Appeals.

Jun 13, 2012maritime lawseafarerscollective bargaining agreementvoluntary arbitrationnlrc jurisdictiondeath benefits

CBA Interpretation Voluntary Arbitration Prevails In Seafarer Death Benefit Claims

Supreme Court rules voluntary arbitrators, not labor arbiters, hear CBA interpretation disputes involving seafarer death benefits.

Jun 13, 2012administrative lawcourt personnelcode of conductdiscourtesyadministrative casejudiciary

Upholding Decorum: Disrespectful Conduct by Court Personnel and Its Consequences

The Supreme Court rules on discourtesy by court personnel, emphasizing that respect and propriety are non-negotiable in the judiciary.

Jun 13, 2012legal ethicscompromise offeradministrative caselawyer disciplineprescriptioncode of professional responsibility

Compromise Offers and Debt Obligations: When Words Don't Bind Lawyers

A lawyer's compromise offer in a debt dispute can imply guilt. Learn the ethical rules and prescription rules for lawyer discipline.

Jun 13, 2012rapemental retardationrevised penal codecriminal lawconsentphilippine jurisprudence

Rape of a Person with Mental Retardation: What People v. Bayrante Teaches

In People v. Bayrante, the Supreme Court affirmed rape convictions where the victim had mild mental retardation, ruling that mental deficiency negates consent.

Jun 13, 2012legal ethicscode of professional responsibilitysuspension from practicemisleading the courtlawyer discipline

Misleading the Court and Defying Suspension Orders: A Lesson in Legal Ethics

A lawyer's suspension from practice is not a mere suggestion. Learn how the Supreme Court disciplined a lawyer for misleading the court and appearing while suspended.

Jun 13, 2012labor-law

Piercing THE Corporate Veil Defining Liability IN Business Closure Scenarios

Jun 13, 2012trust receiptsloansobligationsbanking lawsupreme courtphilippines

Trust Receipts vs Loans: Distinguishing Obligations in Philippine Law

Philippine Supreme Court clarifies the distinction between trust receipts and loan obligations, and the legal consequences for banks and borrowers.

Jun 13, 2012labor-lawterminationloss-of-confidenceserious-misconductsubstantial-evidencepldt

Breach of Trust: Employer May Dismiss for Misconduct Despite Acquittal

Philippine Supreme Court clarifies that an employee's acquittal in a criminal case does not bar dismissal for loss of trust and confidence.

Jun 13, 2012land registrationproperty lawpublic landprescriptiontorrens title

Perfecting Land Titles: Continuous Possession and the June 12, 1945 Threshold

The Supreme Court clarifies what evidence proves continuous possession since June 12, 1945 for judicial confirmation of imperfect land titles.

Jun 13, 2012administrative lawcourt personnelcode of conductdiscourtesygrave misconductjudiciary

Court Employee Reprimanded for Disrespectful Conduct Toward a Judge

A Supreme Court ruling reminds court personnel that discourtesy toward judges violates the Code of Conduct and diminishes public trust.

Jun 13, 2012labor-lawterminationjust-causeloss-of-trustserious-misconductdue-process

Breach of Trust and Confidence as Just Cause for Employee Dismissal in the Philippines

Philippine Supreme Court explains when an employer may validly dismiss an employee for loss of trust and confidence, citing Villanueva v. NLRC.

Jun 13, 2012prescriptionspecial lawsbp 22preliminary investigationcriminal procedure

When Prescription Stops: Filing Complaints with Prosecutors Under Special Laws

The Supreme Court clarifies that filing a complaint with the prosecutor's office interrupts prescription for special laws like BP 22.

Jun 13, 2012prescriptionbatas pambansa 22bounced checkscriminal proceduresupreme court

When Does Prescription Run for Bounced Checks? The Pangilinan Ruling

The Supreme Court clarifies when the prescriptive period for BP 22 cases is interrupted—and why filing with the prosecutor's office counts.

Jun 13, 2012criminal-lawself-defenseunlawful-aggressionmurdertreacheryrevised-penal-code

Self-Defense Claim Fails Without Unlawful Aggression in Murder Conviction

Supreme Court affirms murder conviction, holding that self-defense requires proof of unlawful aggression, which was absent when the victim was unarmed and attacked suddenly.

Jun 13, 2012banking-lawcorporate-liabilityunauthorized-actsbranch-managerguaranteesupreme-court

Bank Not Liable for Branch Manager's Unauthorized Guarantee: UCPB v. Planters Products

Supreme Court rules banks are not bound by branch managers' unauthorized guarantees, protecting banks from liability in connivance schemes.

Jun 13, 2012election lawgovernment procurementcomelecautomated election systempublic biddingoption to purchase

Automated Elections Public Bidding vs Comelec Discretion in Purchasing the AES for the 2013 Elections

Supreme Court upholds Comelec's exercise of option to purchase PCOS machines for 2013 elections, ruling no new public bidding was required.

Jun 13, 2012property-law

Just Compensation IN Agrarian Reform Valuing Land AT THE Time OF Taking

Jun 13, 2012escheatdormant accountsbank depositsdue processnegotiable instrumentscivil law

Escheat Proceedings: Banks Must Notify Depositors Before Dormant Funds Are Transferred to the State

Philippine Supreme Court rules on banks' duty to notify depositors before dormant funds are escheated to the state, protecting depositor rights.