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显示第 11065–11088 篇,共 24,765 篇文章

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Feb 11, 2010criminal lawestafaarticle 332affinityrevised penal codesupreme court

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Feb 11, 2010civil-lawcontractsrescissionland-salespecific-performanceobligations

Contractual Obligations Survey Requirement Prevails Over Rescission Rights IN Land Sale Agreements

Supreme Court rules survey obligation in land sale contracts prevails over rescission rights, clarifying breach requirements under Philippine law.

Feb 11, 2010civil-lawland-salespecific-performancecontract-rescissionsurvey-obligationsupreme-court

In Land Sales, Survey Duty Prevails Over Payment Deadlines

Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.

Feb 11, 2010civil-procedurejurisdictionsummonsdefaultvoluntary-appearance

Voluntary Submission to Jurisdiction: Filing a Motion Without Reservation Waives Objections to Improper Servic

Filing any motion seeking affirmative relief without expressly reserving a special appearance waives objections to improper service of summons.

Feb 11, 2010parricidecircumstantial evidencecriminal lawrevised penal codedefensessupreme court

Parricide Conviction Upheld: Circumstantial Evidence and Defenses of Accident and Intoxication

Supreme Court affirms parricide conviction based on circumstantial evidence, rejecting defenses of accident and intoxication in spousal killing.

Feb 11, 2010separation of powerspresidential commission on good governmentsequestered sharesstock conversioncivil proceduresupreme court

Separation of Powers: Court Upholds Its Authority Over Sequestered SMC Shares

The Supreme Court reaffirms the separation of powers doctrine in denying reconsideration of its ruling allowing the conversion of sequestered SMC shares.

Feb 11, 2010election-lawballot-integrityelection-returnscomelecelection-protestsupreme-court

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.

Feb 11, 2010estate settlementcollationprobate courtdonationcompulsory heirscivil law

Inventory of Estate: Donated Property Must Be Included for Collation Among Heirs

Supreme Court rules donated property must be included in estate inventory for collation, even if the deed was not notarized or registered.

Feb 11, 2010labor-lawperpetual-employmentmanagement-prerogativelabor-arbiter-jurisdictionregular-employment

Perpetual Employment Contracts: Labor Rights and Management Prerogatives Under Philippine Law

The Supreme Court rules on perpetual employment contracts, labor arbiter jurisdiction, and the balance between worker protection and management rights.

Feb 11, 2010legal feesgsisrule-making powerjudicial independenceconstitutional law

Supreme Court Upholds Judiciary’s Exclusive Power Over Legal Fees, Denies GSIS Exemption

The Supreme Court denies GSIS’s claim of exemption from legal fees, affirming the judiciary’s exclusive rule-making power under the Constitution.

Feb 10, 2010local government codeprovince creationsupreme courtdinagat islandsconstitutional lawland area requirement

Supreme Court Nullifies Dinagat Islands Creation: Land Area and Population Rules Under the Local Government Co

The Supreme Court struck down R.A. 9355 creating Dinagat Islands for failing the Local Government Code's land area and population requirements.

Feb 10, 2010election lawcomelecautomated election systemra 8436ra 9369supreme court

Safeguarding Elections: Upholding Comelec’s Discretion in Automated Election System Implementation

The Supreme Court affirms Comelec’s discretion in awarding the 2010 automated election project, rejecting speculative challenges to the PCOS system.

Feb 9, 2010gsisgovernment employeesdismissalretirement benefitsadministrative casessupreme court

GSIS Contributions: Can Dismissed Government Employees Recover Their Personal Shares?

Philippine Supreme Court ruling on whether dismissed government employees can recover personal GSIS contributions and premiums.

Feb 9, 2010labor lawillegal dismissalconspiracyburden of proofterminationdue process

Burden of Proof in Conspiracy: Protecting Employees from Unjust Dismissal

When employers claim conspiracy to justify dismissal, the Supreme Court requires clear and convincing evidence, not mere assumptions. Learn from Sargasso v. NLRC.

Feb 9, 2010criminal-lawentrapmentinstigationbuy-bustdangerous-drugsra-9165

Entrapment vs Instigation: Defining the Boundaries in Drug Sale Convictions

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug cases, affirming a buy-bust conviction.

Feb 9, 2010due processnotice to counseladministrative lawfinality of judgmentosggovernment contracts

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

Feb 8, 2010vattax-refundinvoicing-requirementszero-rated-salesbirtax-law

VAT Refund Denied for Failure to Print "Zero-Rated" on Invoices

Philippine Supreme Court rules that failure to print "zero-rated" on sales invoices bars VAT refund claims, even for exporters.

Feb 8, 2010labor-law

Work Related Illness Proving Increased Risk FOR Compensation Claims

Feb 8, 2010illegal dismissallabor lawmonetary awardsbackwagesseparation paynlrc

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

Feb 8, 2010civil-law

VAT Refund Eligibility Excess Creditable VAT Withheld MAY BE Refunded AS Erroneously Collected TAX

Feb 8, 2010mortgage foreclosurepreliminary injunctionloan assignmentbank rightsspecial purpose vehicle

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

Feb 5, 2010labor lawinsubordinationdue processterminationmanagement prerogativeemployee rights

Insubordination and Due Process: Understanding Employee Rights in Disciplinary Actions

The Supreme Court clarifies when a suspension order is valid, what due process requires, and when defiance justifies dismissal under Philippine law.

Feb 5, 2010civil lawdocket feesestoppellease terminationjurisdictiondamages

Docket Fees and Estoppel in Lease Termination: Metrobank v. Perez

Supreme Court clarifies when late payment of docket fees is allowed and when a party is barred from raising jurisdiction.

Feb 5, 2010civil-lawhlurbjurisdictionpleadingexecutionsupreme-court

Piercing the Form: How Allegations Determine Parties in HLURB Disputes

The Supreme Court clarifies that allegations in a complaint, not its title, determine who are parties to an HLURB case.