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显示第 11665–11688 篇,共 24,770 篇文章

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Aug 4, 2009lachesres judicatafinal judgmentrules of courtcivil procedure

Final Judgments and Laches: Why Refiling the Same Case Fails

The Supreme Court explains why a dismissal based on laches bars refiling the same claim, under the doctrine of res judicata.

Aug 4, 2009agrarian reformjust compensationpd 27ra 6657land valuationproperty law

From Rice Fields to Fair Value: Determining Just Compensation in Agrarian Reform

When PD 27 lands remain unpaid at RA 6657's passage, just compensation follows RA 6657, not the old decree.

Aug 4, 2009civil-lawres-judicatafinality-of-judgmentslachesrules-of-courtlitigation

Finality of Judgments: Why Prior Dismissals Can Prevent New Lawsuits

A dismissed case can bar a refiled lawsuit. The Supreme Court explains the doctrine of res judicata and finality of judgments.

Aug 4, 2009criminal-law

Credibility IN Rape Cases THE Importance OF Consistent Testimony

Aug 4, 2009administrative casecourt employeejust debtscivil serviceomnibus rules

Willful Failure to Pay Just Debts: Court Employee Suspended After Third Offense

Supreme Court suspends court employee for six months for willful failure to pay a just debt, clarifying standards for administrative liability and mitigating circumstances.

Aug 4, 2009probate lawexecutor disqualificationmoral turpitudeappealsspecial proceedingsmarcos estate

Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case

The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.

Aug 4, 2009civil-proceduredocket feesjurisdictioncorporate disputesforum shoppingsupreme court

Docket Fees and Jurisdiction: The High Cost of Underpayment in Corporate Disputes

Underpaying docket fees can be fatal to a case. Learn from Sameer v. Santos how the Supreme Court treats this procedural pitfall.

Aug 4, 2009statutory rapecriminal lawimpotence defensealibicredibility of witnesses

Statutory Rape Conviction Upheld: Impotence and Alibi Defenses Fail

The Supreme Court affirms a statutory rape conviction, rejecting impotence and alibi defenses, and explains how courts weigh victim testimony.

Aug 4, 2009double taxationlocal business taxcity of manilatax ordinancelgccoca-cola bottlers

Double Taxation and Local Business Tax: Clarifying Exemptions for Manila Businesses

Supreme Court ruling on double taxation under Manila's tax ordinance, clarifying exemptions for businesses already paying local business tax.

Aug 3, 2009disbarmentfinality of judgmentcontempt of courtcode of professional responsibilitysupreme court

Finality of Judgment: Disbarred Lawyer’s Bid to Reverse Disbarment Fails

The Supreme Court denies a disbarred lawyer's motion to reverse his disbarment, citing the doctrine of finality of judgment and citing him for indirect contempt.

Aug 3, 2009commission-on-auditquantum-meruitgovernment-contractsadministrative-lawcoa-disallowance

COA Audit Powers and Quantum Meruit: Lessons from Lotrim v. COA

Supreme Court affirms COA's broad audit powers and the limits of quantum meruit in government construction contracts.

Jul 31, 2009administrative lawclerks of courtmisconductfee collectionsupreme courtpublic service

Clerk of Court Suspended for Unauthorized Fee Collection: Breach of Duty

A branch clerk of court was suspended for collecting commissioner's and stenographer's fees without authority. Learn the rules on court fee collection.

Jul 31, 2009judicial accountabilityjudicial inefficiencyjudicial neglectpublic trustlegal ethics

Judicial Accountability When Inefficiency AND Neglect Tarnish THE Bench

Explore how judicial inefficiency and neglect can erode public trust, and the standards for holding judges accountable.

Jul 31, 2009torrens-systemregistered-landprescriptionquieting-of-titleproperty-lawcivil-law

Torrens System Prevails: Registered Land Protected Against Adverse Claims

When registered land is sold to innocent buyers, claims of long possession cannot defeat the Torrens title, the Supreme Court rules.

Jul 31, 2009labor-lawcertification-electionprobationary-employeeslabor-unionscollective-bargainingsupreme-court

Probationary Employees Can Vote in Certification Elections: Key SC Ruling

Supreme Court clarifies probationary employees' voting rights in certification elections, ordering a run-off after votes were wrongly excluded.

Jul 31, 2009judicial ethicsadministrative lawpractice of lawjudgescode of judicial conduct

Practicing Law During Suspension: Judicial Ethics and Integrity

A judge's preventive suspension does not lift the ban on private law practice. The Supreme Court explains why.

Jul 31, 2009letters of intentcontract of salecontract to sellcivil codereal estate lawsupreme court

Letters of Intent: When a Preliminary Document Is Not a Contract of Sale in Philippine Law

Philippine Supreme Court clarifies when a Letter of Intent remains a mere declaration of intention, not a binding contract to sell or conditional sale.

Jul 31, 2009civil-law

Real Estate DUE Diligence Realty Firms Held TO Higher Standard AS Innocent Purchasers

Jul 31, 2009labor-lawterminationtrust-and-confidencesupervisory-employeesillegal-dismissaljurisprudence

Breach of Trust and Confidence: Upholding Termination of Supervisory Employees in the Philippines

Philippine Supreme Court ruling on valid dismissal of supervisory employees for breach of trust and confidence in Coca-Cola Bottlers case.

Jul 31, 2009criminal lawconspiracyaccomplicereasonable doubtrape with homicide

Proof Beyond Reasonable Doubt in Conspiracy and Murder: The Maliao Case

A look at how the Supreme Court distinguished conspiracy from mere accomplice liability in a rape-with-homicide case.

Jul 31, 2009civil-lawland-registrationtorrens-titleinnocent-purchaserjurisprudencedue-process

When Realty Firms Must Look Beyond the Title: Eagle Realty and the Duty of Diligence

A realty corporation cannot claim to be an innocent purchaser for value by merely relying on a Torrens title. This ruling clarifies the duty.

Jul 31, 2009appeal feesjurisdictionrules of courtphilippine lawproceduresupreme court

Perfecting an Appeal: Timely Payment of Appeal Fees Is Jurisdictional

Understand why paying appeal fees on time is a strict jurisdictional requirement in Philippine courts, based on a 2009 Supreme Court ruling.

Jul 31, 2009unlawful detainerejectmenttolerancepossessionproperty lawcivil procedure

Unlawful Detainer: Prior Tolerance Not Required When Encroachment Is Discovered Later

Supreme Court clarifies when prior tolerance is needed in unlawful detainer cases, and how ownership claims affect ejectment suits.

Jul 31, 2009legal ethicscode of professional responsibilitylawyer suspensionattorney-client relationshipadministrative case

Lawyer Suspended Six Months for Neglect and Failure to Return Client's Acceptance Fee

Learn how a lawyer's failure to render legal services and return a P50,000 acceptance fee led to a six-month suspension from practice.