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显示第 11497–11520 篇,共 24,769 篇文章

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Sep 18, 2009unlawful detainerpossession by tolerancejurisdictionrule 70accion publicianacivil law

Possession by Tolerance and Unlawful Detainer: Jurisdiction in Philippine Courts

Philippine Supreme Court clarifies when possession by tolerance triggers unlawful detainer jurisdiction in the MTC, not the RTC.

Sep 18, 2009labor-lawretrenchmentillegal-dismissalarticle-283business-lossessecurity-of-tenure

Retrenchment Proving Business Losses To Justify Employee Termination Under Philippine Law

Philippine Supreme Court clarifies the stringent standards employers must meet to validly retrench employees under Article 283 of the Labor Code.

Sep 18, 2009rapecriminal lawincestvictim credibilityqualified rapejurisprudence

Credibility of the Rape Victim: The Decisive Factor in Philippine Jurisprudence

In incestuous rape cases, the victim's credible testimony outweighs weak defenses like denial and alibi. Learn the rules.

Sep 18, 2009insurance lawcargo shortageburden of proofsubrogationbill of ladingmarine insurance

Burden of Proof in Cargo Shortage Claims: Proving Loss and Valid Insurance Coverage

Philippine Supreme Court ruling on cargo shortage claims: insurer must prove actual loss and valid policy coverage to recover from carriers.

Sep 18, 2009documentary stamp taxhealth maintenance organizationinsurance lawtax lawsupreme courthealth care

Supreme Court Ruling on Health Care Agreements and Documentary Stamp Tax: What It Means

The Supreme Court ruled that HMO health care agreements are not insurance contracts subject to documentary stamp tax under the National Internal Revenue Code.

Sep 18, 2009maritime-law

Burden OF Proof IN Seafarer Death Claims Proving Suicide TO Deny Benefits

Sep 18, 2009property-lawco-ownershippartitionrental-incomecivil-coderule-69

Rental Income in Co-Ownership Disputes: Protecting Rights During Partition

When co-owners dispute rental income during a partition case, courts can order deposits to protect rights—but only within proper limits.

Sep 18, 2009graftgood faithra 3019public officersprobable causewater district

Good Faith Prevails When Public Officials ACT Without Malice IN Granting Benefits

Supreme Court ruling on good faith as a defense in graft cases under RA 3019, Section 3(e), for public officials relying on agency issuances.

Sep 17, 2009contract-lawscope-of-workhauling-contractadditional-compensationsupreme-courtphilippine-law

Hauling Contracts: Scope of Work Defines Entitlement to Extra Pay

Supreme Court rules on when hauling contractors can claim extra compensation beyond the contract price in service agreements.

Sep 17, 2009labor-lawredundancymanagement-prerogativeillegal-dismissalterminationcorporate-restructuring

Redundancy and Management Prerogative: Safeguarding Employee Rights in Corporate Restructuring

Philippine Supreme Court clarifies redundancy termination rules, management prerogative limits, and employee rights in corporate restructuring.

Sep 17, 2009real property taxterritorial jurisdictionlocal governmenttax saleannulment of judgment

Territorial Jurisdiction and Taxing Power: The Limits of Local Authority

A local government cannot tax property outside its territory. The Supreme Court explains why jurisdiction defines taxing power.

Sep 17, 2009criminal-lawmurderself-defenseeyewitness-testimonyabuse-of-superior-strengthevidence

Eyewitness Credibility and the Principle of Alibi: Standards of Proof in Philippine Criminal Law

This article explains how Philippine courts weigh eyewitness testimony, self-defense claims, and abuse of superior strength in murder cases.

Sep 17, 2009credit cardinterest ratesunconscionablecivil codesupreme courtbpi

Supreme Court Cuts Credit Card Interest to 2% Monthly as Unconscionable

The Supreme Court reduced BPI's 3% monthly credit card interest and penalty to 2%, citing unconscionable rates.

Sep 17, 2009administrative lawclerk of courtdishonestypublic fundsdismissalsupreme court

Clerk of Court Dismissed for Dishonesty in Handling Public Funds

Supreme Court dismisses clerk of court for failing to account for P256,530.25 in court fund shortages, affirming strict accountability standards.

Sep 17, 2009exhaustion of administrative remediesagrarian reformdarabcloaparadland dispute

Exhaustion of Administrative Remedies in Agrarian Disputes: A Lesson from Montanez

Why landowners must appeal PARAD decisions to the DARAB first—and what happens when they skip this step.

Sep 17, 2009credit cardinterest ratescivil lawborrower protectionsupreme courtbank

Credit Card Interest Rates: Balancing Lender Rights and Borrower Protection in the Philippines

The Supreme Court limits credit card interest and penalty rates to 2% monthly, balancing lender rights with borrower protection.

Sep 17, 2009criminal-lawbuy-bustdangerous-drugsra-9165chain-of-custodyevidence

The Informant's Shield: Balancing Drug Enforcement and Defendants' Rights in Buy-Bust Operations

The Supreme Court clarifies when buy-bust operations are valid, how chain of custody works, and why informants' identities are protected.

Sep 17, 2009agrarian reformcloaadministrative remediesdarabjurisdictionproperty law

Exhaustion of Administrative Remedies in CLOA Cancellation Cases: A Property Law Primer

Learn why a landowner's direct appeal to the Court of Appeals failed in a CLOA cancellation case, and the importance of exhausting administrative remedies.

Sep 17, 2009criminal lawdangerous drugschain of custodybuy-bust operationra 9165supreme court

Drug Bust Conviction Upheld: Chain of Custody and Informant Rules in Philippine Drug Cases

Philippine Supreme Court clarifies chain of custody and informant rules in drug cases, upholding a buy-bust conviction under RA 9165.

Sep 17, 2009coconut levysequestrationpcggpreferred sharespublic fundssan miguel corporation

Protecting Public Assets: Court Approves Conversion of Coconut Levy-Funded Shares Amidst Ownership Dispute

The Supreme Court allows converting sequestered SMC shares into preferred shares to protect public assets during the coconut levy ownership dispute.

Sep 17, 2009murderself-defenseunlawful aggressionabuse of superior strengthrevised penal code

When Silence Isn't Golden: Affirming Murder Conviction Despite Self-Defense Claim

The Supreme Court affirms a murder conviction, rejecting self-defense where the accused admitted killing but failed to prove unlawful aggression.

Sep 16, 2009election lawresidency requirementdomicilelocal government codecomelecdisqualification

Residency vs. Domicile in Philippine Elections: The Pundaodaya Ruling

The Supreme Court clarifies that voter registration and property ownership do not prove election residency, which legally means domicile.

Sep 15, 2009election lawbarangay electionsballot appreciationcomelecelection protestsupreme court

Ballot Integrity Prevails: Rules for Correctly Counting Barangay Election Votes

A Supreme Court ruling clarifies appeal fee rules and ballot appreciation standards in barangay election protests, ensuring voter intent prevails.

Sep 14, 2009criminal-law

Treachery IN Criminal LAW THE Importance OF Victims Defenselessness