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显示第 11593–11616 篇,共 24,769 篇文章

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Aug 27, 2009contract-lawearnest-moneycontract-to-sellreal-estatecivil-codemaceda-law

Perfected Contract vs Contract to Sell: Earnest Money and Timely Payments in Real Estate Deals

Learn when earnest money perfects a sale, the difference from a contract to sell, and how late payments can still be cured under Philippine law.

Aug 27, 2009criminal lawrapechild abuseevidencesupreme court

Protecting the Vulnerable: Convicting Child Abusers Beyond Reasonable Doubt

In Rimando v. People, the Supreme Court upheld a father's rape conviction, showing how circumstantial evidence and a child's testimony can prove guilt beyond doubt.

Aug 27, 2009judicial ethicscode of judicial conductadministrative liabilityjudgesrule 140

Judicial Ethics: When Judges Squabble, Both Face Administrative Liability

A Supreme Court ruling on two RTC judges fined for a public altercation shows why decorum is a non-negotiable judicial duty.

Aug 25, 2009statutory rapechild witnessescriminal lawrevised penal codesupreme court

Protecting the Vulnerable: Statutory Rape and the Credibility of Child Witnesses in Philippine Law

A Supreme Court ruling on statutory rape shows how Philippine courts weigh a child victim's testimony and why minor inconsistencies do not destroy credibility.

Aug 25, 2009eminent domainjust compensationexpropriationra 8974zonal valuationproperty law

Eminent Domain: Fair Initial Compensation Based on Property Classification

Supreme Court ruling on RA 8974: initial compensation in expropriation must match property classification, not actual use.

Aug 25, 2009reconveyancefree patenttorrens titlefraudland registration

Upholding Land Titles: The Limits of Reconveyance Based on Alleged Fraud in Free Patent Applications

The Supreme Court clarifies when a free patent title becomes indefeasible and why mere allegations of fraud cannot defeat a Torrens title.

Aug 25, 2009rapecriminal lawforce and intimidationrevised penal codesupreme courtphilippine jurisprudence

Rape Conviction Upheld: Force and Intimidation Override Mental Capacity Concerns

The Supreme Court affirms a rape conviction in People v. Neverio, ruling that force and intimidation, not proof of mental retardation, sustain the guilty verdict.

Aug 25, 2009estoppelland salesagencycivil lawspecial power of attorneyphilippine supreme court

Estoppel in Land Sales: Upholding Agreements Despite Lack of Written Authority

Philippine Supreme Court rules on estoppel in land sales where an agent lacked written authority, protecting buyers who relied on the seller's silence.

Aug 25, 2009election lawappeal feescomelecelection protestsupreme courtpacanan

Perfecting Appeals in Election Protests: Clarifying Appeal Fee Payment Rules

When is an election protest appeal perfected? The Supreme Court clarifies the appeal fee rules in Pacanan v. Comelec.

Aug 25, 2009sandiganbayanjurisdictionlocal officialssangguniang panlungsodmalversationcriminal law

Sandiganbayan Jurisdiction Over Local Officials: When Does the Court Have Authority

Explains when the Sandiganbayan has jurisdiction over local officials below Salary Grade 27, based on the Supreme Court ruling in People v. Sandiganbayan (G.R. No. 167304).

Aug 25, 2009insurance lawpolicy reinstatementinsurance codelapsed policyinsurable interestsupreme court

Insurance Policy Lapses Reinstatement Approval Required Before Death

A lapsed life insurance policy requires company approval during the insured's lifetime for reinstatement; payment alone is not enough.

Aug 25, 2009labor lawecolawage ordercollective bargaining agreementdouble indemnitydole

Wage Orders vs CBAs: When Salary Hikes Affect ECOLA Entitlement

Philippine Supreme Court clarifies how retroactive CBA wage increases affect ECOLA entitlement under Wage Order NCR-09 and double indemnity penalties.

Aug 25, 2009labor-lawnon-forum-shoppingappealfinality-of-judgmentnlrcexecution

Certificate of Non-Forum Shopping: A Mandatory Requirement for Perfecting Labor Appeals

Learn why a missing Certificate of Non-Forum Shopping can doom a labor appeal and make a decision final and executory.

Aug 25, 2009criminal-lawduressirresistible-forceuncontrollable-fearmurderrevised-penal-code

Duress vs Free Will: When Fear Does Not Excuse Criminal Liability

Philippine Supreme Court explains when uncontrollable fear excuses a crime and when it does not, in a murder case.

Aug 24, 2009criminal-lawrapeconsummated-rapecarnal-knowledgesupreme-courtrevised-penal-code

Labia Majora and Consummated Rape: When Entry, Not Full Penetration, Establishes Carnal Knowledge

Philippine Supreme Court clarifies that mere introduction of the penis into the labia majora consummates rape; hymenal rupture not required.

Aug 24, 2009interest-ratescontractual-obligationscivil-lawsupreme-courtloan-agreementsphilippine-law

Interest Rate Disputes Contractual Agreements VS Legal Modifications IN Philippine LAW

Philippine Supreme Court rules on contractual interest rates, legal modifications, and judicial intervention in private loan agreements.

Aug 24, 2009estate debtheirs liabilitysuccessioncivil lawobligationsphilippine supreme court

Heirs Obligation Estate Debt Survival Beyond Death IN Philippine LAW

Philippine Supreme Court clarifies that debts survive death—heirs inherit obligations but only up to the estate's value. Learn the rules.

Aug 24, 2009labor-lawretirement-benefitsserious-misconductdue-processterminationforfeiture

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

Aug 24, 2009labor-lawappeal-periodnlrcprocedural-rulessupreme-court

One-Day Late Appeal in Labor Cases: When Courts Excuse Procedural Lapses

Supreme Court rules a one-day late appeal in labor cases may be excused to serve justice, explaining the exception to the mandatory appeal period.

Aug 24, 2009labor lawappealsprocedural rulessupreme courtnlrcretirement benefits

Labor Appeals When Justice Outweighs Strict Deadlines In Philippine Courts

Philippine Supreme Court ruling on labor appeals, strict deadlines, and when substantial justice prevails over procedural rules.

Aug 24, 2009arbitrationlegal standingcontract lawsugar plantersra 876real party in interest

Sugar Planters' Associations Cannot Demand Arbitration Without Contract Privity

Philippine Supreme Court rules associations lack legal standing to demand arbitration unless they are parties to the milling contracts or authorized by members.

Aug 24, 2009writ of possessionextrajudicial foreclosureannulment of salegeneral banking lawact 3135redemption period

Writ of Possession in Foreclosure: Validity and Grounds for Annulment

Learn when a writ of possession is ministerial, when redemption ends, and the remedy to annul a foreclosure sale.

Aug 24, 2009criminal lawconstructive possessiondangerous drugscircumstantial evidenceshabu

Constructive Possession When Contraband in a Shared Space Implicates Guilt

Philippine Supreme Court explains when drugs found in a shared space can still prove constructive possession and guilt beyond reasonable doubt.

Aug 23, 2009abuse of rightsarticle 19civil codecontract lawdamnum absque injuriadart philippines

Abuse of Rights Under Article 19: When Business Decisions Are Protected

The Supreme Court clarifies when business decisions like audits and non-renewal of contracts are protected, not abuse of rights.