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显示第 9649–9672 篇,共 24,726 篇文章

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Jun 29, 2011civil-procedurepreliminary-attachmentcompromise-agreementmoot-and-academicphilippine-litigation

Compromise Agreements: A Strategic Tool to Nullify Preliminary Attachments in Philippine Litigation

How a compromise agreement can render preliminary attachment cases moot, dissolve writs, and end litigation under Philippine law.

Jun 29, 2011corporate rehabilitationappeal procedureinterim rulesrecord on appealphilippine supreme courtspecial proceedings

Lost Your Appeal? Timelines and Procedures in Philippine Corporate Rehabilitation Cases

Learn the strict appeal rules in corporate rehabilitation cases from BPI Family Savings Bank v. Pryce Gases, including the record on appeal requirement.

Jun 29, 2011real-estate-lawloan-contractmortgageforeclosuresupreme-court

Loan Contract Perfection and Mortgage Validity: Insights from Palada v. Solidbank

When is a loan contract perfected, and what makes a real estate mortgage valid? The Supreme Court clarifies in Palada v. Solidbank.

Jun 28, 2011finality of judgmentsecond motion for reconsiderationrules of courtsupreme courtimmutability of judgment

Finality of Judgments: Why Second Motions for Reconsideration Are Not Allowed in Philippine Courts

Philippine courts generally bar second motions for reconsideration. Learn the rule, its exceptions, and why finality matters.

Jun 28, 2011constitutional lawcityhood lawslocal government codesupreme courtres judicatamotion for reconsideration

League of Cities v. COMELEC: The Finality of the 16 Cityhood Laws

The Supreme Court denies a second motion for reconsideration, affirming the constitutionality of the 16 Cityhood Laws with finality.

Jun 27, 2011constructive dismissallabor lawmanagement prerogativeemployee transferdiminution of benefitsphilippine supreme court

Employee Transfers and Constructive Dismissal in the Philippines: Employer Rights and Employee Protection

When is a job transfer constructive dismissal? The Supreme Court explains management prerogative, diminution of benefits, and employee rights.

Jun 22, 2011labor lawappeal bondnlrclabor arbitrationillegal dismissal

Appeal Bond Reduction in NLRC: Navigating Financial Hardship in Labor Disputes

When can an employer reduce the NLRC appeal bond? The Supreme Court clarifies the rules on meritorious grounds and financial hardship.

Jun 22, 2011summary procedureunlawful detainerbarangay conciliationgross ignorance of the lawadministrative casejudicial discipline

Why Judges Cannot Delay Summary Procedure Cases: Lessons from Diaz v. Gestopa

A judge's referral of an unlawful detainer case to barangay conciliation delayed summary proceedings and resulted in administrative liability.

Jun 22, 2011indispensable partiesdue processannulment of judgmentproperty rightscivil procedure

Due Process and Indispensable Parties: Protecting Property Rights in Philippine Litigation

The Supreme Court explains why failing to implead an indispensable party voids a judgment and violates due process in property disputes.

Jun 22, 2011summary procedurebarangay conciliationunlawful detainerjudicial ethicsgross ignorance of the law

When Barangay Conciliation Delays Summary Procedure: A Lesson from Diaz v. Gestopa

A judge's referral of an unlawful detainer case to barangay conciliation violated the Rules on Summary Procedure, resulting in administrative liability.

Jun 22, 2011civil-procedurerules-of-courtcertiorarifinality-of-judgmentinterventionsubstantial-justice

Substantial Justice Prevails When Philippine Courts Forgive Minor Procedural Lapses

Philippine courts prioritize substantial justice over procedural technicalities, but only for parties who followed the rules. Learn when lapses are forgiven.

Jun 22, 2011property-lawdocket feesjurisdictionestate settlementsupreme courtrule 65

Why Correct Docket Fees Are Crucial for Jurisdiction in Philippine Property Disputes

Learn how docket fees affect court jurisdiction in property cases, based on a Philippine Supreme Court ruling on estate disputes.

Jun 22, 2011certiorariappealsummary judgmentdue processproperty lawrule 45

Certiorari vs Appeal: Why Choosing the Right Legal Remedy Matters in Philippine Courts

A property dispute teaches a vital lesson: courts cannot issue summary judgment without a motion and hearing, or they violate due process.

Jun 22, 2011standing to suecivil procedurejurisdictiondocket feesreal actionphilippine law

Standing to Sue: Why Outsiders Can't Question Court Decisions in Philippine Law

Learn why only parties with legal standing can challenge court decisions in the Philippines, based on Home Guaranty Corp. v. R-II Builders.

Jun 22, 2011criminal-lawrapesweetheart-defenseforce-and-intimidationrevised-penal-codesupreme-court

Proving Rape in the Philippines: Force, Intimidation, and Rejecting the Sweetheart Defense

How Philippine courts weigh force and intimidation in rape cases, and why the sweetheart defense fails without solid proof.

Jun 22, 2011procedural rulessubstantial compliancecertiorarilabor lawsupreme courtjustice

Substantial Compliance with Procedural Rules: Santos v. Litton Mills and the Primacy of Justice

The Supreme Court relaxes procedural rules when there is substantial compliance, ensuring justice prevails over technicalities in labor cases.

Jun 22, 2011property-lawland-title-reconstitutionjurisdictionra-26torrens-title

Jurisdictional Defect: Strict Compliance in Land Title Reconstitution

Reconstitution of lost land titles requires strict compliance with RA 26's jurisdictional requirements; defects are fatal.

Jun 22, 2011unlawful detainersummary procedurebarangay conciliationgross ignorance of the lawadministrative casekatarungang pambarangay

Unlawful Detainer and Barangay Conciliation: Why Judges Must Follow Summary Procedure

A judge's referral of an unlawful detainer case to barangay conciliation violated the Rules on Summary Procedure, resulting in a fine for gross ignorance of the law.

Jun 22, 2011kidnappingabu sayyafcriminal lawrevised penal codesupreme courtterrorism

Accountability Amidst Chaos: Supreme Court Upholds Abu Sayyaf Kidnapping Convictions

The Supreme Court affirms the kidnapping convictions of Abu Sayyaf members, rejecting alibi, duress, and minority defenses.

Jun 22, 2011eminent domainjust compensationeasementright-of-waynapocorproperty law

Just Compensation for Easements: Full Market Value, Not a 10% Fee

When transmission lines cross private land, landowners are entitled to full market value as just compensation—not just a 10% easement fee.

Jun 22, 2011labor-lawterminationloss-of-trustjust-causedue-processjurisprudence

Loss of Trust and Confidence as Just Cause for Dismissal: The Coca-Cola Export Corporation v. Gacayan Case

Supreme Court clarifies that loss of trust and confidence can justify dismissing non-managerial employees holding positions of responsibility, reversing an illegal dismissal ruling.

Jun 21, 2011administrative lawlegal ethicscode of professional responsibilitysupreme courtcourt recordslawyer discipline

Missing Rollo Case: Court Record Handling and Lawyer Accountability

Supreme Court suspends lawyer for six months for borrowing a case rollo and keeping it for nearly 12 years, underscoring integrity in legal practice.

Jun 21, 2011administrative lawgross neglect of dutycourt stenographertranscriptscivil servicejudiciary

Neglect of Duty in the Judiciary: Dismissal for Repeated Failure to Submit Transcripts

A court stenographer's repeated failure to submit transcripts despite warnings led to dismissal for gross neglect of duty.

Jun 20, 2011ra 9262psychological abusecybercrimesocial media evidencevawccriminal law

Online Psychological Abuse Under RA 9262: Proving Social Media Authorship and Higher Penalties

The Supreme Court clarifies how to prove social media authorship in VAWC cases and raises penalties when psychological abuse is committed online.