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显示第 9817–9840 篇,共 24,732 篇文章

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Apr 6, 2011property-lawneighbor-disputesdamagesquasi-delictcivil-codeconstruction

When Dust Settles Lawsuits Rise Understanding Neighbor Disputes and Damages from Construction in the Philippin

The Supreme Court clarifies when construction dust and debris entitle a neighbor to damages, distinguishing moral from nominal damages.

Apr 6, 2011criminal-lawdangerous-drugschain-of-custodycorpus-delictira-9165search-warrant

Gaps in Chain of Custody Acquit Accused in Shabu Possession Case

SC reverses a drug conviction where police gaps in marking, inventory, and custody of seized shabu cast doubt on the corpus delicti.

Apr 6, 2011chain of custodyillegal drug possessionra 9165corpus delicticriminal lawevidence

Chain of Custody and Illegal Drug Possession: Ensuring Integrity of Evidence

A Supreme Court ruling shows why broken chain of custody can lead to acquittal in illegal drug possession cases under RA 9165.

Apr 6, 2011family-law

Safeguarding Marital Rights Understanding DUE Process IN Marriage Registration Cancellation IN THE Philippines

Apr 6, 2011chain of custodydrug possessionra 9165corpus delicticriminal proceduresearch warrant

Chain of Custody in Drug Cases: When Gaps Lead to Acquittal

Philippine Supreme Court acquits drug possession defendant over broken chain of custody, explaining the strict integrity rules under RA 9165.

Apr 6, 2011criminal-lawchain-of-custodydangerous-drugsra-9165acquittalevidence

Supreme Court Acquits Drug Suspect Over Broken Chain of Custody

The Supreme Court acquits a drug suspect because police broke the chain of custody, protecting the accused's rights.

Apr 6, 2011legal ethicscode of professional responsibilitylawyer negligenceadministrative caseibp

Attorneys Neglect Duty TO Client Despite Personal Sentiments

Personal feelings do not excuse lawyer negligence. The Court fined a counsel for failing to reconstitute and return client records.

Apr 6, 2011government-contractsfund-certificationadministrative-lawvoid-contractsphilippine-law

Void Government Contracts THE Necessity OF Fund Certification

The Supreme Court rules on void government contracts and the indispensable requirement of fund certification for their validity.

Apr 6, 2011eminent domainexpropriationlocal government codeordinanceresolutioncertiorari

Expropriation Requires an Ordinance, Not Just a Resolution: Yusay v. Court of Appeals

Supreme Court clarifies that local governments must pass an ordinance, not a mere resolution, before exercising eminent domain under the Local Government Code.

Apr 6, 2011expropriationeminent-domainlocal-governmentcertiorariprohibitionproperty-law

Premature Legal Challenges Questioning Expropriation Before an Ordinance Is Enacted

When can landowners challenge expropriation? The Supreme Court explains why certiorari and prohibition are premature remedies.

Apr 6, 2011administrative-lawgross-negligenceclerk-of-courtrule-41court-of-appealsspeedy-justice

Court Clerk’s 6-Year Appeal Delay: Gross Negligence of Duty

Branch clerk fined P20,000 for gross negligence in failing to transmit appeal records to the Court of Appeals within the 30-day rule.

Apr 6, 2011vattax creditzero-rated salesinvoicing requirementsbirmicrosoft philippines

VAT Compliance Strict Invoicing Requirements FOR Tax Credit Claims IN THE Philippines

Philippine Supreme Court ruling on strict VAT invoicing requirements for zero-rated sales tax credit claims.

Apr 4, 2011administrative-law

Consensual Relationships AND Judicial Ethics When Does Private Conduct Merit Public Scrutiny

Apr 4, 2011conspiracytreacherymurdercriminal liabilitypositive identificationres gestae

Conspiracy and Criminal Liability: Understanding Murder Through Treachery in Philippine Law

The Supreme Court explains how conspiracy, positive identification, and treachery determine criminal liability for murder in the Philippines.

Apr 4, 2011real-estate-lawland-saleforgerylegal-heirsobject-certaintyproperty-disputes

Land Sale Contracts in the Philippines: Ensuring Object Certainty and Navigating Legal Heirs

A Supreme Court ruling on forged land sales, object certainty, and the rights of legal heirs in Philippine property disputes.

Apr 4, 2011criminal procedureevidencemurdercircumstantial evidenceres gestaetreachery

Positive Identification Beyond Eyewitnesses: How Philippine Courts Use Circumstantial Evidence in Murder Cases

Philippine courts can convict on circumstantial evidence alone. Learn how positive identification works beyond eyewitness testimony in murder cases.

Apr 4, 2011insurance lawsubrogationarrastre operatorquasi-delictcivil code

Insurer's Subrogation Right Upheld Even Without Insurance Policy in Evidence

Supreme Court rules an insurer may recover as subrogee without presenting the insurance policy, as long as the loss and payment are established.

Apr 4, 2011property lawforged deedquieting of titleland ownershipphilippine supreme court

Forged Deeds and Disputed Titles: How Philippine Courts Determine Land Ownership

A Supreme Court ruling explains how courts resolve land ownership disputes when a deed of sale is alleged to be forged.

Apr 4, 2011tax lawcorporate lawtax refundtax creditcarry-overbir

Irrevocable Choice: Tax Credit Carry-Over and Refund Rules in the Philippines

Philippine Supreme Court clarifies that choosing to carry over excess tax credit bars refund claims, but the credit can be used indefinitely.

Apr 4, 2011agrarian reformjust compensationland bankcarpproperty lawland valuation

Just Compensation in Land Reform: Ensuring Fair Value for Agricultural Landowners in the Philippines

Philippine Supreme Court clarifies how just compensation is computed for agricultural landowners under CARP, including DAR formula rules and compensable areas.

Apr 4, 2011construction arbitrationciacdispute resolutionexecutive order 1008philippine law

Construction Arbitration in the Philippines: Why CIAC Jurisdiction Is Broad and Binding

Philippine Supreme Court clarifies CIAC's broad jurisdiction over construction disputes, explaining why arbitration clauses vest exclusive authority regardless of contract restrictions.

Mar 30, 2011implied trustmortgagecivil codesupreme courtproperty lawunjust enrichment

Implied Trust in Mortgage Contracts: When the Named Mortgagee Is Not the Real Lender

Philippine Supreme Court explains when a mortgage contract's named mortgagee may be held as a mere trustee for the true lender under an implied trust.

Mar 30, 2011implied trustmortgageparol evidencecivil codesupreme court

Loan Interest Rate Adjustments Understanding Banks Rights AND Borrowers Obligations IN THE Philippines

Philippine Supreme Court ruling on implied trusts in mortgage contracts, parol evidence, and borrower protections.

Mar 30, 2011environmental lawlldalaguna lake development authoritycottage industryclearance requirementadministrative law

Environmental Compliance vs. Business Operations: When Is a Jewelry Maker Exempt From LLDA Clearance

The Supreme Court clarifies when a jewelry maker is exempt from LLDA clearance requirements, and why size and assets matter more than the nature of the business.