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显示第 11689–11712 篇,共 24,770 篇文章

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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 lawjob contractinglabor-only contractingillegal dismissalemployer-employee relationshipdole registration

Contractor or Employer: Distinguishing Legitimate Contracting From Illegal Labor Practices

A look at Gallego v. Bayer Philippines and how Philippine law separates legitimate job contracting from labor-only contracting.

Jul 31, 2009agrarian reformretention rightslandownerdarpresidential decree 27full disclosure

Retention Rights Under Agrarian Reform: Landowner's Duty of Full Disclosure

Philippine Supreme Court ruling on agrarian retention rights, emphasizing a landowner's duty of full disclosure in retention applications.

Jul 31, 2009judicial accountabilitygross ignorance of the lawsummary procedureadministrative casejudgesrule 140

Gross Ignorance of the Law: Judge Fined for Procedural Lapses in Summary Procedure Case

A judge's failure to apply the Revised Rules on Summary Procedure leads to a fine for gross ignorance of the law. Learn the key lessons from this administrative case.

Jul 31, 2009civil-law

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

Jul 31, 2009criminal lawaccomplicerape with homiciderevised penal codesupreme court

Accomplice Liability in Rape With Homicide: Clarifying the Degree of Participation

The Supreme Court clarifies when a witness to a crime becomes an accomplice, not a principal, in rape with homicide.

Jul 30, 2009civil-law

Upholding Contractual Obligations When Agreed Interest Rates Stand Firm

Jul 30, 2009banking lawnegotiable instrumentsnegligencelast clear chancecheck fraud

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When must a bank verify checks before encashing them? The Supreme Court clarifies banks' duty of extraordinary diligence and the last clear chance doctrine.

Jul 30, 2009real party in intereststandingland disputeadministrative lawnational housing authoritycivil procedure

Real Party in Interest Rule: Standing in Land Dispute Resolutions

The Supreme Court clarifies that an administrative agency that resolves a land dispute lacks standing to appeal, as it is not a real party in interest.

Jul 30, 2009civil-service-lawcourt-employeesdishonestytravel-authorityadministrative-casedaily-time-record

Upholding Ethical Conduct Disciplinary Action FOR Falsification AND Unauthorized Foreign Travel

Court personnel face suspension for falsifying time records and traveling abroad without required authority, underscoring accountability in public service.

Jul 30, 2009banking lawnegotiable instrumentsnegligencecheck encashmentcommercial lawbank liability

Bank Liability for Encashing Irregular Checks: The Philippine Racing Club Case

When a bank encashes checks with obvious irregularities, it may bear liability. The Supreme Court explains the duty of care.

Jul 30, 2009election-lawcomelecproclamationelection-protestmanifest-errorsupreme-court

Overcoming Technicalities: How Election Errors Can Be Corrected Beyond Deadlines to Uphold the People's Will

The Supreme Court affirms COMELEC's power to correct election errors even after deadlines, ensuring the true will of the electorate prevails over technicalities.

Jul 30, 2009probatejurisdictionestatewillcivil-law

Probate Jurisdiction Absence OF Estate Value Dooms Will Allowance

The Supreme Court nullified a will allowance because the petition failed to allege the estate's gross value, stripping the trial court of jurisdiction.

Jul 30, 2009contract-law

Deposit Refunds Lease Obligations AND Interest Rates Under Philippine LAW

Jul 30, 2009civil-lawobligationssolidary-liabilityjoint-liabilityexecution-salesupreme-court

Solidary vs Joint Obligations: When Liability Is Not Presumed in Philippine Law

Philippine Supreme Court clarifies that solidary obligations are not presumed; joint debtors are liable only for their proportionate shares.

Jul 30, 2009civil-procedurevoluntary-appearancemotion-to-dismissjurisdictionsummonsomnibus-motion-rule

Voluntary Appearance and Motion to Dismiss: When Filing Confers Jurisdiction in Philippine Courts

Philippine Supreme Court ruling on when filing a motion to dismiss without raising lack of jurisdiction constitutes voluntary appearance.

Jul 30, 2009eminent domainjust compensationright-of-wayeasementnational power corporationexpropriation

Just Compensation for Right-of-Way Easement: Full Market Value, Not 10% Fee

When power lines cross private land, owners may get full market value, not just a 10% easement fee.

Jul 30, 2009breach of contractcommon carriermoral damagesairline liabilityrebookingphilippine jurisprudence

Breach of Contract and Damages: Airline's Duty to Honor Ticket Terms

The Supreme Court held an airline liable for breach of contract and damages after it refused to honor the rebooking terms printed on a passenger's ticket.

Jul 30, 2009election-lawcitizenshiphouse-of-representativeshretcomelecnatural-born-citizen

Citizenship Threshold Ensuring Elected Officials Meet Constitutional Requirements

The Supreme Court clarifies that citizenship is a continuing qualification for House members, and only the HRET may judge such contests after proclamation.

Jul 30, 2009judicial conductcode of judicial conductadministrative lawimpartialityimproprietysupreme court

Judicial Conduct: Impartiality and Avoiding the Appearance of Impropriety

A judge's off-bench conduct matters. This case explains why helping friends settle disputes can violate judicial ethics.

Jul 30, 2009illegal dismissalawolconstructive dismissallabor lawsecurity guardsoff-detail

Illegal Dismissal vs AWOL: When a Security Guard's Absence Is Not Abandonment

Supreme Court ruling clarifies when a worker's absence is illegal dismissal, not AWOL or abandonment, and the rules on off-detail status.

Jul 30, 2009probateestate settlementjurisdictionregional trial courtholographic willproperty law

Death and Legal Representation: How Estate Claims Proceed in Philippine Courts

Philippine Supreme Court ruling on estate claims, probate jurisdiction, and why the value of the decedent's estate determines which court hears the case.

Jul 30, 2009property lawcivil proceduresummonsvoluntary appearancequieting of titlesupreme court

Voluntary Appearance and Summons: Protecting Property Rights in Philippine Courts

Philippine Supreme Court clarifies when a defendant's court filings waive defective summons, protecting property rights in quieting title cases.

Jul 28, 2009contempt of courtjudicial conductdue processrule 71administrative law

Judicial Restraint Limits on Contempt Power and Due Process Rights

The Supreme Court fines a judge P40,000 for citing a driver in contempt over a parking space, stressing restraint and due process in contempt cases.