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显示第 11929–11952 篇,共 24,772 篇文章

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May 8, 2009statutory rapechild abusecriminal lawqualified rapesupreme court

Protecting the Vulnerable: Upholding Convictions in Child Sexual Abuse Cases

The Supreme Court affirms the conviction of a father for nine counts of statutory rape against his young daughters, clarifying evidentiary rules.

May 8, 2009double saleland registrationgood faithreconveyancecivil lawproperty law

Double Sale: Good Faith Registration Prevails Over Prior Knowledge in Land Disputes

Philippine Supreme Court clarifies double sale rule: bad faith registration confers no right, even if registered first.

May 8, 2009tortsquasi-delictstevedoringcargo handlingnegligencecivil code

Stevedores and the Duty of Care: When Cargo Damage Is Not Negligence

Philippine Supreme Court clarifies that stevedores owe ordinary diligence, not the higher standard of common carriers, in loading and stowing cargo.

May 8, 2009contract-lawnovationdebt-restructuringtrust-receiptscivil-codesupreme-court

Novation Must Be Clear: Restructuring Agreements Do Not Automatically Extinguish Prior Obligations

Philippine Supreme Court ruling on when debt restructuring novates an obligation and when it merely modifies the original agreement.

May 8, 2009property-lawunlawful-detainerwrit-of-possessionforeclosuretorrens-titledue-process

Possession vs Ownership: Writ of Possession and Third-Party Claims in Philippine Foreclosures

A writ of possession is ministerial only against the mortgagor. Third parties with adverse claims must be heard first.

May 8, 2009legal ethicsforeign investmentland leasenotarial practiceprofessional responsibilitysupreme court

When Lawyers Draft Illegal Lease Contracts: The Hontanosas Case on Foreign Land Leases

A lawyer who drafts and notarizes lease contracts exceeding legal limits for aliens faces suspension, as the Supreme Court ruled in Kupers v. Hontanosas.

May 8, 2009labor-lawjudicial-noticeindependent-contractorillegal-dismissalabandonmentemployer-employee-relationship

When Courts Can Take Judicial Notice of Industry Practice in Labor Disputes

Supreme Court clarifies judicial notice limits, independent contractor tests, and abandonment rules in South Davao Development Co. v. Gamo.

May 8, 2009construction lawjurisdictionciacassignmentretention moneycivil procedure

Assignee's Rights Determine Court Jurisdiction in Construction Contract Disputes

Supreme Court rules that an assignee's claim over retention money is not a construction dispute, so regular courts, not CIAC, have jurisdiction.

May 8, 2009frustrated homicidemurdertreacheryself-defensecriminal lawrevised penal code

Accountability for Deadly Assault: Distinguishing Frustrated Homicide from Murder Through Intent and Circumsta

The Supreme Court clarifies when a near-fatal bolo attack is frustrated homicide versus murder, and how intent and treachery are proven.

May 8, 2009criminal-lawdangerous-drugschain-of-custodybuy-bust-operationsection-21-ra-9165acquittal

Safeguarding Rights Illegal Drug Conviction Overturned Due to Evidence Chain Break

Philippine Supreme Court acquits drug suspect when police break chain of custody, reinforcing that evidence integrity is vital to conviction.

May 8, 2009legal ethicsprofessional responsibilityattorney suspensionreal estate lawalien land leasecode of professional responsibility

Attorney Suspended for Drafting Illegal Lease Agreements: Ethics in Legal Practice

A lawyer's six-month suspension for drafting lease contracts exceeding legal limits for aliens—a lesson in professional responsibility.

May 8, 2009agrarian reformjust compensationland valuationland bankdarproperty law

Just Compensation in Agrarian Reform: Applying Current Land Valuation Standards

Explains how Philippine courts determine just compensation for agrarian reform lands, using current DAR valuation formulas rather than outdated standards.

May 8, 2009property-lawforeclosurewrit-of-possessiondue-processreal-estate-mortgagesupreme-court

Writ of Possession Limits: When Third-Party Adverse Claims Block Foreclosure Ejectment

A bank cannot use an ex parte writ of possession to eject third parties claiming adverse ownership of foreclosed property; due process requires a full hearing.

May 8, 2009intra-corporate disputesforum shoppingjurisdictionsecurities regulation codecivil procedure

Resolving Jurisdictional Conflicts Concurrent Jurisdiction VS Forum Shopping IN Intra Corporate Disputes

Learn how Philippine courts handle overlapping jurisdiction and forum shopping in intra-corporate disputes, based on a 2009 Supreme Court ruling.

May 8, 2009right of wayreckless imprudencetraffic lawra 4136intersection collisiondriver negligence

Intersection Collisions and Driver Negligence: Who Has the Right of Way in the Philippines?

Philippine Supreme Court clarifies right of way rules, driver negligence, and fault in intersection collisions under RA 4136.

May 8, 2009double salereconveyanceprescriptiongood faithproperty rightscivil law

Double Sale and Good Faith Registration: Pagaduan v. Ocuma on Property Rights

Explore how the Supreme Court ruled on double sale, good faith registration, and prescription in Pagaduan v. Ocuma.

May 8, 2009criminal-lawchain-of-custodydangerous-drugsra-9165buy-bust-operationevidence

Chain of Custody Imperative Safeguarding Drug Evidence in Philippine Law

Why the Supreme Court acquitted a drug suspect when police failed to follow Section 21 chain of custody rules under RA 9165.

May 8, 2009property lawsubdivision buyerscertificate of titlepd 957hlurb jurisdictioncivil law

Sellers Obligation Delivering Titles Despite Encumbrances IN Philippine Property LAW

Philippine Supreme Court ruling on subdivision sellers' duty to deliver clean titles despite encumbrances, and buyer remedies.

May 8, 2009mining lawjurisdictionpanel of arbitratorscontract lawphilippine mining actsupreme court

Navigating Mining Disputes When DO Courts NOT Mining Agencies Decide

The Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining-related contract disputes under the Philippine Mining Act.

May 4, 2009civil-proceduremandamushierarchy-of-courtsindigenous-peoples-rightsfinality-of-judgment

When Courts Can Relax Filing Deadlines: Hierarchy of Courts and Final Judgments

The Supreme Court clarifies when direct recourse to it is allowed, and why final judgments cannot be set aside by belated claims of indigenous status.

Apr 30, 2009illegal dismissallabor lawjust causedue processabandonmentnlrc

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Apr 30, 2009criminal lawrapechild witnesscredibilityevidencesupreme court

Protecting the Vulnerable: The Credibility of Child Witnesses in Rape Cases

Philippine Supreme Court affirms rape conviction based on a six-year-old's testimony, explaining why minor inconsistencies do not destroy a child witness's credibility.

Apr 30, 2009criminal-law

Positive Identification Prevails Upholding Convictions IN Highway Robbery Based ON Witness Credibility

Apr 30, 2009labor-lawillegal-dismissaldue-processnominal-damagesterminationsupreme-court

Just Cause vs Due Process: What Bacolod-Talisay Realty Teaches About Employee Dismissal

Philippine Supreme Court ruling on dismissal with just cause but defective procedure, explaining nominal damages for employees.