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显示第 11977–12000 篇,共 24,772 篇文章

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Apr 24, 2009election-lawparty-listcomeleccommission-on-electionshouse-of-representativesinternal-disputes

Party-List Disputes and Comelec Rehearing Rules: The Alagad Case

How the Supreme Court clarified Comelec rehearing rules when internal party-list disputes deadlock the Commission En Banc.

Apr 24, 2009construction-lawciacarbitrationjurisdictionconditions-precedentdispute-adjudication-board

CIAC Jurisdiction Prevails Over Contractual Conditions Precedent in Construction Arbitration

Philippine Supreme Court rules CIAC retains jurisdiction over construction disputes even when parties fail to comply with contractual conditions precedent like DAB referral.

Apr 24, 2009administrative lawcourt personnelimproper solicitationcode of conductgross misconductdishonesty

Solicitation Ban Upholding Integrity in the Judiciary

Court personnel dismissed for soliciting from bonding companies using fake Supreme Court letterheads. Learn the rules on improper solicitation.

Apr 24, 2009civil-lawland-registrationreconstitution-of-titletorrens-systemsupreme-courtra-26

Reconstitution of Title: Why Primary Evidence Matters in Land Registration

Philippine Supreme Court ruling on why reconstitution of a lost title requires primary evidence, not mere certifications.

Apr 24, 2009criminal-law

Abuse OF Parental Authority Upholding Justice FOR Victims OF Incestuous Rape

Apr 24, 2009land conversionagrarian reformtenant rightspd 27disturbance compensationproperty law

Land Conversion and Tenant Rights: How Reclassification Impacts Agricultural Leases

When land is reclassified for urban use, tenant rights shift from land ownership under PD 27 to disturbance compensation. Learn the rules.

Apr 24, 2009property-lawlis-pendensmortgagetorrens-systemregistrationbad-faith

Notice of Lis Pendens: How It Affects Mortgagees and Subsequent Property Transactions

Learn how a notice of lis pendens binds mortgagees and buyers, and why a court order alone does not cancel it under Philippine law.

Apr 24, 2009labor-law

Breach OF Trust IN Employment When Does A Mistake Justify Dismissal

Apr 24, 2009libeljurisdictionregional trial courtsandiganbayanrevised penal codecriminal law

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

Apr 24, 2009treacherymurdercriminal lawrevised penal codesupreme courtphilippines

Treachery in Criminal Law: Ensuring Justice for Victims of Unprovoked Attacks

How Philippine courts apply treachery to qualify killings as murder, explained through the Supreme Court's ruling in People v. Gidoc.

Apr 24, 2009sheriffsadministrative lawdereliction of dutydishonestyrules of courtwrit of execution

Sheriffs Accountability Receiving Unauthorized Payments AND Neglecting Duty

Supreme Court rules on sheriff's liability for receiving unauthorized payments and dereliction of duty in implementing writs of execution.

Apr 24, 2009lis pendensreal estate mortgagegood faithtorrens titlephilippine jurisprudence

Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading

A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.

Apr 22, 2009criminal proceduremotion to quashprovisional dismissalrule 117election gun ban

Quashal vs Provisional Dismissal: Understanding the Nuances of Criminal Procedure in the Philippines

The Supreme Court clarifies the key differences between a motion to quash and provisional dismissal under Rule 117, and why the time-bar rule does not apply to quashal orders.

Apr 22, 2009labor-lawretirement-payprescriptionra-7641labor-codejurisprudence

Retirement Benefits: Employer's Duty Beyond Initial Retirement

Retired employee continues working; Supreme Court clarifies prescription, retirement pay computation, and employer obligations under Philippine law.

Apr 21, 2009double jeopardygrave threatscriminal procedureacquittalrules of court

Double Jeopardy and Acquittal: The Grave Threats Case of Tiu v. Court of Appeals

The Supreme Court affirms that an acquittal in a grave threats case bars further prosecution, explaining double jeopardy rules.

Apr 21, 2009speedy trialcriminal proceduredouble jeopardyright of accusedjurisprudence

Speedy Trial Rights: When Delay Is Not a Violation

The Supreme Court explains when delays in criminal prosecution do not violate the right to speedy trial, and the limits of double jeopardy.

Apr 21, 2009unlawful detainerejectmenttolerancepossessioncivil lawjurisdiction

Tolerance in Unlawful Detainer: When Permission Becomes a Possession Dispute

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer and how courts resolve ownership questions in ejectment cases.

Apr 21, 2009speedy trialsecurities actcriminal proceduredouble jeopardysupreme court

Speedy Trial Rights When Agreement Nullifies Delay In Securities Act Cases

Supreme Court ruling on when an accused's agreement to defer trial negates claims of speedy trial violation in securities cases.

Apr 21, 2009compromise agreementjudicial approvalcivil proceduresettlementphilippine law

Judicial Approval of Compromise Agreements: Binding Parties to Mutually Agreed Terms

When parties settle a dispute, court approval of their compromise agreement makes it binding and enforceable as a final judgment.

Apr 21, 2009medical negligenceexpert witnesstortsevidencemalpracticephilippine law

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

Apr 21, 2009criminal-lawappealrules-of-courtnegligencebp-22procedure

Lost Appeals When Negligence Bars Justice in Philippine Courts

Philippine Supreme Court affirms dismissal of an appeal for failure to file brief on time, stressing that the right to appeal is a mere statutory privilege.

Apr 20, 2009contempt of courtgross ignorance of lawjudicial ethicsrule 71code of judicial conduct

Judge Suspended for Gross Ignorance of Law in Misapplying Contempt Powers

A judge's misuse of contempt powers—citing a prosecutor for indirect contempt when only direct contempt applied—led to a six-month suspension.

Apr 17, 2009contract-lawreal-estateregistrationdeed-of-salecivil-codetorrens-system

Perfecting Real Estate Sales Registration NOT Always Required FOR Validity

The Supreme Court clarifies that registration of a deed of sale is not always required for a real estate sale to be valid between the parties.

Apr 17, 2009criminal-lawmurderwitness-credibilityevidencesupreme-courtreclusion-perpetua

When Silence Isn't Golden: Delayed Witness Testimony and the Pursuit of Justice in Murder Cases

A delayed eyewitness affidavit doesn't automatically destroy credibility, the Supreme Court rules in People v. Cawaling, affirming a murder conviction.