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显示第 11089–11112 篇,共 24,765 篇文章

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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.

Feb 5, 2010child custodyfamily codearticle 213joint custodyparental authoritybest interests of child

Custody Agreements Contrary to Child's Best Interests Are Void

Philippine Supreme Court ruling on joint custody agreements for children under seven and the best interests standard.

Feb 5, 2010criminal-lawestafarecruitmentoverseas-employmentrevised-penal-code

Deceptive Recruitment Estafa Conviction Affirmed for False Promise of Overseas Employment

Supreme Court affirms estafa conviction of an unlicensed recruiter who falsely promised overseas employment and collected fees from victims.

Feb 4, 2010forcible entryejectmentprior possessioncivil lawproperty lawsupreme court

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

Feb 4, 2010legal-ethicsdisbarmentgross-immoralitycode-of-professional-responsibilitygood-moral-characterbigamy

When Lawyers' Lives Lack Integrity: Disbarment for Gross Immorality and Multiple Marriages

The Supreme Court disbarred two lawyers for gross immorality involving bigamous marriages and illicit affairs, reaffirming that good moral character is a continuing requirement for lawyers.

Feb 4, 2010arrastre operatorcargo lossmarine insurancesubrogationcarriage of goodsliability

Arrastre Operator's Duty of Care: Liability for Lost Cargo After Delivery

When is an arrastre operator liable for lost cargo? The Supreme Court clarifies the duty of care and limits of liability in Asian Terminals v. Daehan.

Feb 4, 2010adverse claimexecution levyproperty lawtorrens titlelien priority

Adverse Claims and Execution Liens: Priority Rules in Philippine Property Law

When an adverse claim is annotated on a title before a levy on execution, the earlier claim prevails. This case explains the priority rule.

Feb 4, 2010psychological incapacityfamily codedeclaration of nullitypersonality disordersarticle 36marriage

Psychological Incapacity: When Personality Disorders Do Not Nullify a Marriage

The Supreme Court clarifies that a diagnosis of personality disorders alone does not prove psychological incapacity under Article 36 of the Family Code.

Feb 4, 2010corporate lawcivil procedureverificationforum shoppingboard resolutionsupreme court

Board Resolution Not Always Required for Corporate Verification in Appeals

Philippine Supreme Court clarifies when corporate officers may sign verification and certification against forum shopping without a board resolution.

Feb 4, 2010criminal-law

Kidnapping With Rape: Consent, Sweetheart Theory, and the Madsali Case

The Madsali case clarifies when a against her will—language sufficient to charge kidnapping. Since AAA was a minor, was detained for more than three days, and was raped during the detention, all eleme

Feb 4, 2010criminal-lawself-defenseunlawful-aggressionmurderrevised-penal-codesupreme-court

The Limits of Self-Defense: Establishing Unlawful Aggression in Homicide Cases

Explore how Philippine courts require clear proof of unlawful aggression for self-defense claims, using a 2010 murder case as guide.

Feb 4, 2010tax-law

Franchise TAX Exemptions Actual Payment NOT Required FOR Availment

Feb 3, 2010election lawpre-proclamation controversycomelecelection returnsboard of canvassers

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Feb 3, 2010illegal recruitmentestafacriminal lawmigrant workersra 8042

Illegal Recruitment and Estafa: Distinguishing Roles and Defining Accountability

When do employees of an illegal recruiter face criminal liability? The Supreme Court clarifies the rules on conspiracy, syndicate, and penalties.

Feb 3, 2010land titlestorrens systemquieting of titleproperty lawcivil law

Priority of Land Titles: Tracing Back to Original Certificates of Title

When two Torrens titles cover the same land, the earlier one prevails. Tracing back to original certificates of title is key.

Feb 2, 2010labor lawillegal dismissalloss of trust and confidencedue processterminationjurisprudence

Loss of Trust and Confidence as Valid Cause for Dismissal: Bibiana Farms v. Lado

Supreme Court clarifies when loss of trust and confidence justifies dismissal and what procedural due process requires in employee termination.

Feb 2, 2010land registrationmilitary reservationpublic domainforest landres judicata

Upholding Public Land Rights Denying Land Registration Within Military Reservations

Supreme Court affirms that lands inside military reservations and forest lands are inalienable public domain, not registrable.

Feb 2, 2010leasebreach of contractdamagesphilippine civil codesubleasing

When a Lessor Evicts Sublessees Before the Lease Ends: Sunbanun v. Go

The Supreme Court held a lessor liable for damages after ejecting her tenant's lodgers months before the lease expired, because the contract allowed a lodging house.

Feb 2, 2010civil-procedurecertiorarirule-65foreclosuredismissalsupreme-court

Certiorari as an Improper Remedy: Navigating Procedural Missteps in Foreclosure Annulment

When a final judgment can be appealed, certiorari is not available. Learn the procedural rules from a Philippine Supreme Court ruling.

Feb 2, 2010labor-lawunion-leavemanagement-prerogativecollective-bargaining-agreementsupreme-courtemployee-discipline

Union Leave vs Management Prerogative: Balancing Rights in the Workplace

Philippine Supreme Court ruling on union leave, management prerogative, and the consequences of defying a disapproved leave application.

Feb 2, 2010administrative liabilitydishonestycourt personnelresignationcivil serviceforfeiture of benefits

Resignation Does Not Shield Court Personnel From Administrative Liability for Dishonesty

Court aide's resignation did not erase administrative liability for stealing a judge's money; forfeiture and disqualification still imposed.

Feb 2, 2010civil-lawcontract-of-salecontract-to-selldouble-salegood-faithproperty-law

Perfected Sales vs Contracts to Sell: Ownership Transfer and Good Faith in Property Disputes

Philippine Supreme Court clarifies the difference between a contract of sale and a contract to sell, and how good faith determines ownership in double sales.

Feb 2, 2010customs bondsbureau of customscourt of tax appealsjurisdictionsurety bondscommercial law

Customs Bonds: Contractual Obligations vs Tax Collection Cases

Supreme Court clarifies that suits on customs bonds are contractual, not tax collection cases, so appeals go to the Court of Appeals.

Feb 2, 2010ncipindigenous peoplesinjunctionancestral landsremedial lawbaguio dairy farm

Balancing Indigenous Land Rights and Government Authority: Clarifying the Scope of NCIP Injunction Powers

The Supreme Court clarifies when the NCIP may issue injunctions in ancestral land disputes, balancing indigenous rights against government authority.