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显示第 10537–10560 篇,共 24,749 篇文章

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Aug 8, 2010labor-lawterminationloss-of-trustburden-of-proofillegal-dismissaljurisprudence

Loss of Trust and Confidence: Employers' Burden of Proof in Termination Cases

Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for employee dismissal, and the employer's burden of proof.

Aug 4, 2010reconveyanceco-ownershiptorrens titlequieting of titleprescriptioncivil law

When a Deed Speaks Louder Than a Title: Co-Ownership and Reconveyance

A deed of reconveyance can establish co-ownership even when the certificate of title names only some owners. Learn the rule.

Aug 4, 2010reconveyancequieting of titleprescriptionco-ownershiptorrens titlecivil law

Reconveyance vs Quieting of Title: When Co-Owner Claims Do Not Prescribe

Philippine Supreme Court clarifies when an action for reconveyance is imprescriptible, treating it as a suit to quiet title when the claimant remains in possession.

Aug 3, 2010administrative lawabuse of authoritypublic officersombudsmanadministrative liability

Abuse of Authority in Philippine Administrative Law: The Bien v. Bo Case

When do public officials cross the line into abuse of authority? The Supreme Court's ruling in Bien v. Bo provides clear guidance on official capacity and private benefit.

Aug 3, 2010criminal lawrapeacts of lasciviousnessmoral ascendancyra 7610philippine supreme court

Moral Ascendancy vs Consent: Understanding Rape and Acts of Lasciviousness in the Philippines

The Supreme Court clarifies rape, attempted rape, and acts of lasciviousness under Philippine law, including the role of moral ascendancy and intimidation.

Aug 3, 2010tax lawredemptionlocal government codequezon cityreal property tax

Redemption Rights in Tax Sales: When the One-Year Period Starts in Quezon City

The Supreme Court clarifies when the one-year redemption period starts for tax-delinquent properties sold at auction in Quezon City.

Aug 3, 2010criminal-law

Upholding Judicial Discretion THE Courts Power TO Review Probable Cause Despite DOJ Findings

Aug 3, 2010civil lawproperty lawgood faithaccessionbuilders in good faithlandowner rights

Good Faith Construction: Defining Landowner and Builder Rights in Property Disputes

Philippine Supreme Court clarifies rights of good faith builders and landowners under Civil Code Articles 448, 546, and 548.

Aug 3, 2010value-added taxvat refundtax creditzero-rated salesbirtaxation

Sales Invoice Suffices for VAT Refund Claims: Disparity Between Goods and Services Eliminated

Supreme Court rules sales invoices can substantiate VAT refund claims for zero-rated services, not just official receipts.

Aug 3, 2010employer liabilitysubsidiary liabilityquasi-delictrevised penal codecivil codephilippine law

Employer Liability in Criminal Cases: When Civil Liability Is Only Subsidiary

Philippine Supreme Court clarifies when employers are subsidiarily liable for employee crimes, distinguishing quasi-delict from criminal civil liability.

Aug 3, 2010civil-law

Redemption Rights Prioritizing Creditors IN Foreclosure Sales Under Philippine LAW

Aug 3, 2010judicial ethicsadministrative lawejectmentundue delaysummary procedurejudges

Unreasonable Delay in Resolving Ejectment Cases: A Judge's Administrative Liability

Supreme Court holds judge liable for undue delay in ejectment case, emphasizing summary proceedings demand speedy resolution.

Aug 3, 2010acquisitive prescriptiongood faithjust titleland ownershipcivil lawproperty law

Acquisitive Prescription: Good Faith and Just Title in Land Ownership Disputes

A Supreme Court ruling clarifies that a compromise agreement and a sale made during litigation cannot establish the good faith and just title needed for ordinary acquisitive prescription.

Aug 3, 2010criminal lawrapequalified rapechild testimonystepfather abusesupreme court

Rape Conviction Upheld: The Weight of a Child’s Testimony in Abuse by a Stepfather

The Supreme Court affirms a stepfather’s qualified rape conviction, explaining why a child’s consistent testimony outweighs minor inconsistencies and alibi.

Aug 3, 2010probable causeequipoise rulecriminal procedurepreliminary investigationwithdrawal of information

Probable Cause vs Equipoise Rule: Safeguarding Against Unjust Arrest in Arson Cases

When prosecutors flip-flop on probable cause, courts hold the line. Flores v. Gonzalez clarifies the equipoise rule and judicial independence.

Aug 3, 2010employer liabilitysubsidiary liabilityreckless imprudencecriminal negligencecivil coderevised penal code

Employer Liability in Criminal Negligence Cases: When Subsidiary, Not Solidary, Liability Applies

Philippine Supreme Court clarifies when employers face subsidiary versus solidary liability for employee crimes like reckless imprudence.

Aug 3, 2010labor-lawrank-and-fileconfidential-employeescollective-bargainingunion-membershipunfair-labor-practice

Defining Rank-and-File Union Membership Eligibility in the Philippines

A 2010 Supreme Court ruling clarifies when employees are confidential and excluded from rank-and-file bargaining units, and what constitutes unfair labor practice.

Aug 2, 2010civil-lawvoid-contractsarticle-1412pari-delictosale-of-propertysupreme-court

Void Sale of City-Owned Market Stall: Refund of Price Under Article 1412

When a sale is void because the seller lacked authority to sell city property, the buyer may still recover the price paid under Article 1412.

Aug 2, 2010void-contractcivil-codesalerecoverypari-delictoproperty-law

Void Sale of Market Stall: Buyer Can Recover Price Despite Null Contract

Supreme Court rules on void sale of city-owned market stall, allowing buyer to recover P20,000 with interest despite null contract.

Aug 2, 2010corporate rehabilitationinterim rulescreditor oppositiongrave abuse of discretionphilippine supreme court

Corporate Rehabilitation Dismissed for Rule Violations and Creditor Opposition

Supreme Court affirms dismissal of corporate rehabilitation petition where debtor violated procedural rules and faced substantial creditor opposition.

Aug 1, 2010void contractsin pari delictocivil code article 1412contract lawunjust enrichmentphilippine supreme court

Void Contracts and Recovery: The Good Faith Exception Under Article 1412

When a contract is void for illegality, can an innocent party recover what was paid? Magoyag v. Maruhom explains the good faith exception.

Jul 30, 2010real-estate-lawmortgageforgerynotarizationproperty-rightssupreme-court

Forged Signatures and Defective Acknowledgments: Protecting Property Rights in Real Estate Mortgages

Learn how defective notarization and forged signatures can invalidate a real estate mortgage, protecting property owners' rights.

Jul 30, 2010criminal-lawmalversationsandiganbayanjurisdictionsubstantial-justicerules-of-court

Upholding Justice When Procedural Errors Threaten Individual Rights

A wrongly filed appeal should not cost a public officer her liberty when substantial justice calls for leniency.

Jul 29, 2010civil-lawdamagesadministrative-remediesprimary-jurisdictioncause-of-actioneducation-law

When Public Officials Face Personal Liability for Official Acts

Supreme Court clarifies when school officials may be personally sued for damages and why exhaustion of administrative remedies does not apply.