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显示第 10177–10200 篇,共 24,743 篇文章

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Dec 1, 2010criminal-law

THE Diligence Standard Refiling Estafa Cases Based ON Newly Discovered Evidence

Dec 1, 2010civil proceduresummonssubstituted serviceunlawful detainerjurisdictionfinality of judgment

The Perils of a Forgotten Address: Finality of Judgments and Due Notice in Philippine Law

The Supreme Court nullified an unlawful detainer judgment because substituted service of summons was defective, reminding litigants that proper notice is vital.

Dec 1, 2010psychological incapacityfamily codeannulmentarticle 36marriage nullitysupreme court

Psychological Incapacity Under Article 36: When Marital Refusal Is Not Enough

The Supreme Court clarifies that psychological incapacity under Article 36 requires grave, incurable root causes—not mere refusal or difficulty in marriage.

Dec 1, 2010civil-procedurejudicial-inhibitionpreliminary-injunctionrule-137rules-of-court

When Can a Judge Reconsider Self-Inhibition? The Bombo Radyo Case

A judge who voluntarily inhibits may later reconsider and re-assume jurisdiction, absent arbitrariness or whimsicality, as the Supreme Court explained.

Dec 1, 2010contract-lawcontract-of-saleconsentpricequasi-contractelevator-maintenance

Perfected Contract of Sale: Consent and Price Agreement in Elevator Maintenance

When is a contract of sale perfected? The Supreme Court explains consent and price requirements in Hyatt Elevators v. Cathedral Heights.

Dec 1, 2010mandamusmootnesscivil procedurerules of courtjudicial delay

Mandamus and Mootness: When a Judge's Action Renders a Petition Unnecessary

The Supreme Court explains when a mandamus petition becomes moot because the judge already acted, using a mining damage case as example.

Dec 1, 2010labor-lawadministrative casejudiciaryworkplace conductdisciplinecourt employees

Workplace Decorum in the Judiciary: Upholding Professional Conduct and Respect

The Supreme Court disciplines a court employee for abusive language and clarifies the limits of a judge's disciplinary authority.

Nov 29, 2010election-lawcomelecparty-listresidencycertificate-of-candidacysupreme-court

HRET Jurisdiction Over Party List Nominees Ensuring Constitutional Qualifications for House Membership

Supreme Court ruling on COMELEC jurisdiction over party-list nominee qualifications and the continuing residency requirement for elective office.

Nov 29, 2010reconstitution of titleland registrationproperty lawtorrens systemcivil law

Reconstitution of Lost Titles: Proving Ownership Through Deeds and Documents

A Supreme Court ruling clarifies when a lost land title may be reconstituted from a deed of transfer, and what evidence suffices.

Nov 24, 2010unjust enrichmentloan assumptioncivil lawland bankmortgageestoppel

Unjust Enrichment in Loan Assumptions: When Can You Recover Your Payments

A bank kept a ₱750,000 payment after rejecting a loan assumption. The Supreme Court ordered its return under unjust enrichment.

Nov 24, 2010conspiracytreacherymurdercriminal lawrevised penal codesupreme court

Conspiracy and Treachery in Philippine Criminal Law: Understanding Shared Liability

When do accomplices become equally liable for murder? The Supreme Court explains conspiracy and treachery in People v. Relos.

Nov 24, 2010qualified theftrevised penal codebreach of trustcriminal lawsupreme courtphilippines

Breach of Trust: Understanding Qualified Theft in the Philippines

Learn how the Supreme Court defines qualified theft, including the role of grave abuse of confidence, through a real case example.

Nov 24, 2010liquidationpdicbank insolvencyjurisdictionra 7653civil procedure

Liquidation Court Jurisdiction Over Claims Against Insolvent Banks in the Philippines

When a bank is placed under liquidation, all claims against it—including annulment and damages suits—must be filed with the liquidation court.

Nov 24, 2010criminal-law

Moral Ascendancy AND Incestuous Rape THE Fathers Influence ON A Childs Will

Nov 24, 2010appraisal rightcorporation coderetained earningsdissenting stockholdercorporate lawlitigation

Unrestricted Retained Earnings and the Appraisal Right of Dissenting Stockholders

When can a dissenting stockholder sue to collect the fair value of shares? The Supreme Court clarifies the timing rule.

Nov 24, 2010appraisal rightcorporation coderetained earningsdissenting stockholderstrust fund doctrinepremature action

Appraisal Rights and Unrestricted Retained Earnings: Turner v. Lorenzo Shipping

A dissenting stockholder's right to payment accrues only when the corporation has unrestricted retained earnings; a premature suit is dismissible.

Nov 24, 2010civil proceduredue processcourt discretionevidencetax lawsupreme court

Due Process and Discretion: When Courts Can Limit Evidence Presentation

Philippine Supreme Court clarifies that courts may limit rebuttal evidence presentation without violating due process when a party unduly delays proceedings.

Nov 23, 2010conspiracydrug offensesra 9165illegal possessioncriminal law

Conspiracy in Philippine Drug Cases: When Shared Intent Leads to Conviction

Learn how Philippine courts prove conspiracy in drug cases, where coordinated actions can convict multiple persons even if drugs are found on only one.

Nov 23, 2010hlurb jurisdictionreal estate disputescondominium lawpd 957pd 1344forum shopping

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

Nov 23, 2010administrative lawcareer executive servicecivil service commissionpresidential appointmenteligibilitygovernment corporations

Presidential Appointment Prerequisite Defining the Scope of the Career Executive Service

The Supreme Court clarifies that only presidential appointees belong to the Career Executive Service, exempting PCSO Assistant Department Managers from CSE eligibility.

Nov 23, 2010administrative lawgrave misconducthabitual absenteeismcourt employeescivil servicesupreme court

Grave Misconduct in the Judiciary: Consequences for Court Employees

A sheriff's habitual absenteeism led to dismissal. Learn the rules on unauthorized absences and accountability in the Judiciary.

Nov 23, 2010legal ethicsdisbarmentprofessional responsibilitycode of professional responsibilitybarratryattorney-client relationship

Lawyer Disbarred for Filing Frivolous Cases Against Former Client in Revenge

Supreme Court disbars lawyer who filed 12 cases against former client and family to exact revenge for suspension. Learn the ethical rules.

Nov 23, 2010legal ethicsdisbarmentgross misconductcode of professional responsibilityattorney discipline

Disbarment for Abuse of Legal Processes: Protecting Clients and the Justice System

A lawyer's failure to pay just debts is gross misconduct. The Supreme Court affirms disbarment for habitual non-payment and deceit.

Nov 23, 2010legal ethicsdisbarmentattorney misconductcode of professional responsibilitysupreme court

Attorney Disbarment for Non-Payment of Debts: Ethical Standards in the Philippine Legal Profession

Philippine Supreme Court affirms gross misconduct finding against lawyer for unpaid debts, clarifying limits on double disbarment.