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显示第 12457–12480 篇,共 24,772 篇文章

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Nov 28, 2008forum shoppingcivil procedurecertiorariappealdismissalrules of court

Forum Shopping Prohibition Filing Separate Actions FOR THE Same Relief Results IN Dismissal

Filing both an appeal and a certiorari petition over the same RTC orders is forum shopping. The Supreme Court explains why both cases were dismissed.

Nov 28, 2008criminal-lawmurderhomicidereasonable-doubtconfessioncorroboration

Guilt Beyond Reasonable Doubt: Confessions and Corroboration in Murder and Homicide Cases

How Philippine courts weigh confessions, corroborating testimony, and circumstantial evidence to prove guilt beyond reasonable doubt in murder and homicide cases.

Nov 28, 2008administrative-law

Sheriffs Duty Enforcing Judgments Within Legal Limits

Nov 28, 2008circumstantial evidencecriminal lawmurderrules of evidencereclusion perpetua

Guilt by Association: Circumstantial Evidence and Conviction in the Philippines

How Philippine courts use circumstantial evidence to convict, explained through a murder case where no one saw the killing.

Nov 28, 2008retirement benefitstax exemptionlabor lawnircwithholding tax

Retirement Benefits Tax Exemption: Age and Tenure Requirements Explained

Retirement benefits are tax-exempt only if the retiree meets the 10-year service and 50-year age requirements under the NIRC.

Nov 28, 2008quasi-delictlateral supportexcavationcontractor liabilitycivil lawtort

Excavation Liability: When a Landowner Can Shift Blame to the Contractor

The Supreme Court clarifies when a landowner can escape liability for excavation damage to a neighbor's building, and when the contractor alone must pay.

Nov 28, 2008labor-law

Finality OF Judgement Claim Prescription AND Compromise Agreements IN Labor Disputes

Nov 27, 2008family homeexecutionexemptionfamily codecivil lawproperty

Protecting the Family Home When Courts Must Investigate Exemption Claims

The Supreme Court voids a writ of execution where the trial court ignored claims that the property was an exempt family home.

Nov 27, 2008family homeexecutionexempt propertyfamily codecertiorari

Family Home Exempt from Execution: When Courts Must Inquire Before Levy and Sale

Supreme Court voids execution sale of alleged family home, requiring trial courts to conduct proper inquiry before levying exempt properties.

Nov 27, 2008judicial-ethicscertificate-of-serviceadministrative-casesupreme-courtjudgesphilippine-law

Untruthful Certificates of Service: A Judge's Duty Beyond the Salary

A judge's false certificate of service leads to suspension. Learn the ethical rules and consequences from this Philippine Supreme Court case.

Nov 27, 2008negligencequasi-delictdamagesnational-power-corporationcontributory-negligencepersonal-injury

NPC Liable for Electrocution Death: Duty to Maintain Safe Transmission Lines

Supreme Court rules power company negligent for sagging transmission lines that electrocuted a miner, rejecting contributory negligence defense.

Nov 27, 2008anti-graftra 3019terminal leavesandiganbayancertiorariprobable cause

Delayed Retirement Benefits: Balancing Public Service and Official Discretion

A retired bookkeeper's unpaid terminal leave leads to graft charges against a mayor, but the Supreme Court dismisses the case on procedural grounds.

Nov 27, 2008agrarian reformjust compensationra 6657pd 27land valuationland bank

Just Compensation in Agrarian Reform: Determining Land Value Under RA 6657

Philippine Supreme Court clarifies which law governs land valuation for agrarian reform properties acquired under PD 27 but compensated after RA 6657.

Nov 27, 2008vicarious liabilitycivil lawpublic officialsquasi-delictarticle 2180supreme court

Vicarious Liability and Public Officials: When Is a Mayor Responsible for Employee Negligence

Philippine Supreme Court ruling on when a mayor can be held liable for a driver's negligence under Article 2180 of the Civil Code.

Nov 27, 2008agrarian reformjust compensationland valuationpd 27ra 6657land bank

Just Compensation for PD 27 Lands: Applying RA 6657 After Delay

When just compensation remains unsettled when RA 6657 took effect, the CARP Law governs valuation, not PD 27's outdated formula.

Nov 27, 2008election-lawcitizenshipra-9225comelecdisqualificationdual-citizenship

Renouncing Foreign Citizenship: A Hard Requirement for Elective Office in the Philippines

The Supreme Court explains why a separate, sworn renunciation of foreign citizenship is required for elective office under RA 9225.

Nov 27, 2008property-lawland-registrationpublic-landregalian-doctrinepd-1529supreme-court

Land Title Registration: The Imperative of Proving Public Land Status

Philippine Supreme Court ruling on why applicants for land registration must prove the property is alienable and disposable public land.

Nov 27, 2008land registrationconditional saleinheritancepublic land actproperty disputesphilippine law

Conditional Sales and Inheritance Rights: Resolving Land Ownership Disputes in the Philippines

Learn how Philippine courts resolve land disputes involving conditional sales, inheritance, and registration requirements under the Public Land Act.

Nov 27, 2008administrative lawdishonestycourt personnelcivil servicetime recordsoca circular

Falsifying Time Records Leads to Suspension for Court Sheriff

Supreme Court suspends sheriff for punching in co-employees' time cards, ruling the act is dishonesty and a grave offense.

Nov 27, 2008labor-lawdishonestycivil-servicesupreme-courtadministrative-casetime-records

When Long Service Isn't Enough: The Limits of Compassion in Employee Theft Cases

Supreme Court ruling on sheriff's dismissal for punching co-workers' time cards, and when compassion yields to discipline.

Nov 27, 2008evidenceconsular authenticationforeign documentsauthenticationrule 132apostille

Consular Authentication Validating Foreign Documents in Philippine Courts

Philippine courts require consular authentication for foreign documents to be admitted as evidence. Learn the rules and practical steps.

Nov 27, 2008property-lawreal-estate-mortgageforeclosurepenalty-feescredit-agreementsbanking

Securing Debts When Penalty Fees Fall Outside Mortgage Coverage

When a real estate mortgage doesn't mention penalty fees, those charges may not be secured by the mortgage. Learn the rule from Spouses Viola v. Equitable PCI Bank.

Nov 26, 2008criminal-lawrapepresumption-of-innocencereasonable-doubtevidenceacquittal

Presumption of Innocence Prevails: Unreliable Testimony Leads to Acquittal in Rape Case

Supreme Court acquits rape accused where prosecution evidence failed to overcome the constitutional presumption of innocence and prove guilt beyond reasonable doubt.

Nov 26, 2008land registrationproperty lawcertificationdenrcenrotorrens system

Perfecting Land Titles: Resolving Conflicting Government Certifications in Land Registration

The Supreme Court rules that clerical errors in government certifications should not defeat a land registration application when other evidence supports the claim.