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显示第 1081–1104 篇,共 24,620 篇文章

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Aug 3, 2022oral partitionproperty disputemortgage validityheirs rightslachescivil law

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

Aug 2, 2022refugee lawimmigrationwell-founded feardoj-rsppu1951 refugee conventionburden of proof

The Shared Burden: Defining Well-Founded Fear in Philippine Refugee Status Determinations

Philippine Supreme Court clarifies the shared burden of proof and "well-founded fear" standard in refugee status determination under the 1951 Convention.

Aug 1, 2022property-lawunlawful-detainerejectmentres-judicatasupreme-courtpossession

Understanding Fraudulent Property Inclusion Insights From A Landmark Supreme Court Decision

A Supreme Court ruling clarifies when ejectment suits fail and why repeated demands don't reset the one-year filing period.

Aug 1, 2022unlawful detainerejectmentpossessiontoleranceres judicatacivil procedure

Unlawful Detainer Dismissed: Proving Tolerance and the One-Year Rule in Ejectment Cases

Learn when an unlawful detainer case fails: proving tolerance, demand periods, and the proper action to recover possession.

Aug 1, 2022filiationbirth certificate correctiondna testingrule 108family codecivil registry

Challenging Filiation: Birth Certificate Corrections and DNA Evidence in Philippine Law

Philippine Supreme Court rules filiation cannot be collaterally attacked via Rule 108 birth certificate correction petitions; DNA testing requires prima facie evidence.

Aug 1, 2022property-lawexpropriationjust-compensationeminent-domaintransmission-linesnational-transmission-corporation

Prompt Compensation Imperative in Determining Just Compensation in Philippine Expropriation Cases

Philippine Supreme Court rules just compensation is reckoned from the date of taking, not the filing of the complaint, and must be paid promptly with interest.

Aug 1, 2022writ-of-amparoextrajudicial-killingcommand-responsibilitypolice-accountabilityhuman-rightsphilippine-law

Accountability Beyond the Trigger: Command Responsibility in Amparo Cases

The Supreme Court clarifies how command responsibility applies in writ of amparo cases involving extrajudicial killings, extending accountability beyond the actual perpetrators.

Jul 27, 2022anti-graftra 3019local governmentcriminal lawpublic officerssandiganbayan

Accountability and the Limits of Official Discretion When Granting a Permit Becomes a Crime

A mayor's conviction for issuing a cockpit permit to a prohibited party clarifies how official discretion meets criminal liability under the Anti-Graft Law.

Jul 27, 2022ombudsmanprobable causegrave abuse of discretionpublic officialsanti-graft lawcriminal law

Probable Cause and the Ombudsman: When Courts Defer to Prosecutorial Discretion

The Supreme Court affirms the Ombudsman's probable cause findings in public official cases, reinforcing judicial restraint absent grave abuse of discretion.

Jul 27, 2022corporate rehabilitationsecured creditorsdebt restructuringsecfriacram-down power

Rehabilitation Plans and Creditor Rights: When Debt Restructuring Binds Secured Creditors

When can a rehabilitation plan force creditors to accept debt restructuring? The Supreme Court explains in China Banking v. St. Francis Square.

Jul 27, 2022escrowexecution of judgmentgarnishmentcivil procedurethird-party banksrule 39

Escrow Funds and Execution of Judgments: Rights of Third-Party Banks Clarified

Supreme Court clarifies when escrow funds may be reached in executing money judgments, protecting third-party banks from premature court orders.

Jul 27, 2022easementright of waycivil lawproperty lawsupreme courtdominant estate

Right of Way Requisites: Proving Isolation for Easement Claims in the Philippines

Philippine Supreme Court clarifies the burden of proof for compulsory right of way easement claims under Civil Code Articles 649 and 650.

Jul 27, 2022criminal-lawlascivious-conductra-7610minorssexual-abuseconsent

Protecting Minors: Defining Lascivious Conduct and the Boundaries of Consent

The Supreme Court clarifies when sexual acts against minors constitute lascivious conduct under RA 7610, not rape, and how consent is treated.

Jul 27, 2022constructive-dismissalfloating-statussecurity-guardslabor-lawreturn-to-work-orderseparation-pay

Constructive Dismissal: An Employer's Duty to Provide Specific Work Assignments

Floating status beyond six months constitutes constructive dismissal. A general return-to-work order is not enough—employers must assign a specific client.

Jul 27, 2022ombudsmanprobable causeanti-graftunlawful appointmentspublic fundsjurisprudence

Probable Cause and the Ombudsman's Discretion in Public Fund Cases

The Supreme Court affirms the Ombudsman's probable cause finding against a mayor for unlawful appointments and graft, underscoring judicial restraint.

Jul 27, 2022agencycoupled with interestirrevocableleasereal party in interestcivil code

Agency Coupled With Interest Irrevocability AND Protection OF Third Party Rights IN Lease Agreements

Explaining when an agency coupled with interest becomes irrevocable, protecting the agent's rights and third-party interests in lease agreements.

Jul 27, 2022civil-procedurepetition-for-reliefcounsel-negligencerules-of-courtdue-processsupreme-court

Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor

Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.

Jul 26, 2022election-lawcomelecpolitical-partiesaccreditationjudicial-reviewdominant-minority-party

Accreditation of Political Parties: COMELEC's Authority and the Limits of Judicial Review

The Supreme Court upholds COMELEC's discretion in accrediting dominant minority parties, affirming that courts will not interfere absent grave abuse of discretion.

Jul 26, 2022election-lawcomelecpolitical-partiesaccreditationdue-processsupreme-court

Due Process in Elections: COMELEC's Duty to Hear Conflicting Candidacy Claims

The Supreme Court affirms COMELEC's accreditation of dominant minority parties, clarifying that the Commission's rule-making power over political party accreditation is subject to constitutional limit

Jul 26, 2022plea bargainingdangerous drugsra 9165rule-making powercriminal proceduresupreme court

Plea Bargaining in Drug Cases: Court Rules vs Executive Discretion

The Supreme Court settles the conflict between DOJ circulars and its exclusive rule-making power over plea bargaining in drug cases.

Jul 25, 2022salnra 6713public officialssandiganbayancriminal lawfalsification

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution

Supreme Court acquits public official of SALN violation, ruling that the review and compliance procedure under RA 6713 must precede prosecution.

Jul 25, 2022salnra 6713public officialssandiganbayanfalsificationcriminal law

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution of Public Officials

The Supreme Court acquits a public official of SALN violations, ruling that the review and compliance procedure under RA 6713 must precede prosecution.

Jul 20, 2022speedy disposition of casesombudsmangraftsandiganbayancriminal lawpreliminary investigation

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal of Graft Charges

The Supreme Court clarifies when Ombudsman delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

Jul 20, 2022civil-lawfinality-of-judgmentforum-shoppinghierarchy-of-courtswrit-of-prohibition

Upholding Final Judgments: The Prohibition Against Defiance of Court Orders

The Supreme Court reiterates that final judgments are immutable and must be obeyed, even by government entities, in National Steel Corporation v. City of Iligan.