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显示第 10777–10800 篇,共 24,757 篇文章

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May 5, 2010foreclosurewrit of possessionextrajudicial foreclosureact 3135mortgagor rightsbanking law

Writ of Possession in Foreclosure: When Issuance Is Ministerial

Philippine Supreme Court clarifies that writ of possession issuance after foreclosure is ministerial, not discretionary, for the purchaser.

May 5, 2010writ of possessionextrajudicial foreclosureproperty lawmortgageact 3135foreclosure sale

Writ of Possession: Validity of Mortgage Cannot Be Challenged in Possession Proceedings

Philippine Supreme Court ruling: courts must issue writs of possession ministerially after foreclosure; mortgage validity challenges belong in separate actions.

May 5, 2010criminal lawillegal possession of firearmsconstructive possessionp.d. 1866supreme courtjurisprudence

Constructive Possession When Holding Isnt Always Having IN Illegal Firearm Cases

Philippine Supreme Court explains constructive possession in illegal firearm cases—what it means, how it is proven, and why custody by another person may still be possession.

May 5, 2010tax lawprescriptionwaiverbirassessmentcir

Tax Assessments: Strict Compliance With Waiver Requirements Protects Taxpayers

Waivers extending the tax assessment period must strictly follow BIR rules. Learn how defects invalidate waivers and protect taxpayers from late assessments.

May 5, 2010libelonline defamationjurisdictionvenuerevised penal codesupreme court

Navigating Libel in the Digital Age: Defining Jurisdiction in Online Defamation

The Supreme Court clarifies where online libel cases may be filed, ruling that mere internet access does not determine venue.

May 4, 2010forum shoppingcertification against forum shoppinglitis pendentiacivil proceduremotion to dismiss

Forum Shopping and Dismissed Cases: What the Benedicto Ruling Means for Refiled Complaints

The Supreme Court clarifies when a withdrawn case must be disclosed in a certification against forum shopping, and what litis pendentia requires.

May 4, 2010criminal-lawrapevictim-testimonypositive-identificationalibi-defensesupreme-court

Rape Conviction Upheld: Victim Testimony and Positive Identification in Philippine Law

Supreme Court affirms rape conviction, ruling that a victim's positive identification and credible testimony can overcome alibi and denial defenses.

May 4, 2010tortious interferencedistributorshipcivil lawdamagesbreach of contract

Tortious Interference Protecting Distributorship Rights in Philippine Commerce

Philippine Supreme Court ruling on tortious interference with exclusive distributorship contracts and the liability of third parties who induce breach.

May 4, 2010contract-lawcivil-procedurecontemptcertiorarisupreme-courtrules-of-court

Procedural Lapses and Contempt: Navigating Court Rules in Contract Disputes

A Supreme Court ruling on procedural rules in contract disputes: motion for reconsideration, hierarchy of courts, and indirect contempt.

May 4, 2010election-lawhretelectoral-protestgrave-abuse-of-discretionfinality-of-judgmentballot-revision

Finality Prevails Reaffirming HRET Discretion in Electoral Protests

Supreme Court affirms HRET's discretion in ballot revision and upholds finality of judgments in election protests.

Apr 30, 2010corporate rehabilitationlabor claimsillegal dismissalsuspension of proceedingspd 902-acreditors rights

Corporate Rehabilitation vs Labor Claims: Balancing Creditor Rights and Employee Protection

When a company undergoes rehabilitation, labor claims are suspended. The Supreme Court explains why in Castillo v. Uniwide.

Apr 30, 2010agrarian reformjust compensationspecial agrarian courtland valuationra 6657land bank

Just Compensation in Agrarian Reform: SAC Jurisdiction and Land Valuation Rules

Explains why the Special Agrarian Court has exclusive jurisdiction over just compensation cases and how land valuation is finally determined under RA 6657.

Apr 30, 2010grave misconductextortionadministrative lawsubstantial evidenceombudsmanpublic office

Public Trust Dismissal for Grave Misconduct in Extortion Case

Supreme Court reinstates dismissal of BIR examiner for grave misconduct in extortion, clarifying substantial evidence standard in administrative cases.

Apr 30, 2010administrative lawgrave misconductpresumption of regularityombudsmanbirentrapment

Presumption of Regularity vs. Misconduct Claims: Integrity in Court Execution

Learn how the presumption of regularity in official duty interacts with misconduct allegations in administrative cases, from a 2010 Supreme Court ruling.

Apr 29, 2010election-lawparty-listcomelecra-7941delistingsupreme-court

Party-List Delisting Rules Clarified: Two Separate Grounds Under RA 7941

Supreme Court clarifies party-list delisting under RA 7941: two separate grounds, cannot be combined; abandons Minero ruling.

Apr 27, 2010election lawvoter registrationdomicileright to voteomnibus election codesupreme court

Protecting the Right to Vote: Domicile and Voter Registration in the Philippines

The Supreme Court protects voter registration rights, ruling that domicile, not technicalities, determines a citizen's right to vote.

Apr 23, 2010criminal-lawself-defenseunlawful-aggressionmurderjustifying-circumstancesrevised-penal-code

Self-Defense vs Murder: Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in murder cases, focusing on unlawful aggression as its primordial element.

Apr 23, 2010sheriffsadministrative liabilitywrit of demolitiondue diligencecivil service

Sheriffs' Duty of Diligence: Liability for Erroneous Demolition

When a sheriff demolishes the wrong property, the Court holds him administratively liable. Learn the duty of care required.

Apr 23, 2010labor-lawillegal-dismissalredundancymanagement-prerogativesecurity-of-tenureseparation-pay

Management Prerogative vs. Illegal Dismissal: Redundancy and Employee Rights

When does a redundancy program become illegal dismissal? The Supreme Court clarifies the balance between business needs and employee security of tenure.

Apr 23, 2010civil procedureappealrules of courtsubstantial justicesupreme court

When Can Courts Relax Procedural Rules? The Go v. Chaves Appeal Ruling

The Supreme Court reinstates an appeal dismissed on technical grounds, explaining when courts may relax procedural rules in the interest of substantial justice.

Apr 23, 2010sheriffswrit of demolitionadministrative liabilitynegligencecivil procedurepublic officers

Sheriffs' Duty of Care in Implementing Writs: Lessons from Tomboc v. Velasco

When a sheriff demolishes the wrong property, who pays? The Supreme Court clarifies sheriffs' duty of diligence in writ implementation.

Apr 23, 2010contract-to-sellcivil-lawmaceda-lawspecific-performancesupreme-court

Contract to Sell: Buyer's Failure to Pay Nullifies Seller's Obligation to Convey Title

Philippine Supreme Court clarifies that in a contract to sell, buyer's failure to pay the full price prevents the seller's obligation to convey title from arising.

Apr 23, 2010administrative lawcondonation doctrineneglect of dutylocal governmentombudsman

When Oversight Falters: Judicial Error and the Limits of Discretion in Public Office

The Supreme Court clarifies that the condonation doctrine applies only to reelected elective officials, not to reappointed appointive officers found guilty of simple neglect of duty.

Apr 23, 2010customsjurisdictionseizureforfeiturebureau of customsimport

Customs VS Courts Resolving Jurisdictional Conflicts IN Import Seizures

When the Bureau of Customs seizes imported goods, courts cannot interfere. This case explains the exclusive jurisdiction rule.