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显示第 12529–12552 篇,共 24,772 篇文章

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Oct 31, 2008forum shoppingcivil proceduremortgageforeclosurecause of action

Forum Shopping in Mortgage Disputes: When Causes of Action Differ

Supreme Court clarifies when simultaneous mortgage foreclosure and damages suits do not constitute forum shopping, explaining the test for identity of causes of action.

Oct 31, 2008corporate lawcorporation codeboard resolutionverificationnon-forum shoppinglabor law

Corporate Authority: When Can a President Bind a Corporation Without a Board Resolution

Philippine Supreme Court clarifies when a corporate president can sign pleadings and bind the company without a board resolution.

Oct 31, 2008labor-lawillegal-dismissaljurisdictionlabor-arbiterbreach-of-contractdue-process

Breach of Contract vs Illegal Dismissal: When Labor Arbiters Have Jurisdiction

The Supreme Court clarifies when a breach of contract claim falls under labor arbiter jurisdiction in U-Bix v. Hollero.

Oct 31, 2008civil-procedureappeal-deadlinesrule-42court-of-appealsextension-motionsphilippine-law

Strict Adherence to Appeal Deadlines: A Guide to Filing Extensions

Learn how Philippine courts treat motions for extension of appeal deadlines, and why strict compliance with Rule 42 matters.

Oct 31, 2008criminal-law

Eyewitness Testimony AND Alibi Establishing Guilt Beyond Reasonable Doubt IN Homicide Cases

Oct 29, 2008annulment of judgmentdefault judgmentcivil proceduredue processextrinsic fraudjurisdiction

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Oct 29, 2008murdertreacheryunlicensed firearmcriminal lawreclusion perpetuasupreme court

Treachery and Unlicensed Firearms Raise Murder Penalty in Philippine Law

Philippine Supreme Court ruling on how treachery and unlicensed firearms affect murder liability, penalties, and damages.

Oct 29, 2008certiorarimotion for reconsiderationrule 65rule 45civil proceduresupreme court

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Oct 29, 2008labor-law

Protecting Employee Rights Limits TO Dismissal OF Probationary Teachers FOR Expressing Concerns

Oct 29, 2008criminal-law

Chain OF Custody Safeguarding Drug Evidence AND Ensuring Fair Trials

Oct 29, 2008forum shoppingcertification against forum shoppingindirect contemptcivil procedurerule 7 section 5supreme court

Certification Against Forum Shopping: The High Cost of Non-Disclosure

Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.

Oct 27, 2008administrative-lawlabor-lawconstructive-dismissalretirementsupreme-court

Public Office Ethics Improper Firearm Discharge AND Limits OF Misconduct Claims

Philippine Supreme Court ruling on constructive dismissal, retirement age, and limits of employer misconduct claims.

Oct 24, 2008legal ethicsadministrative caselawyersbouncing checkssupreme courtprofessional responsibility

When Lawyers Issue Bouncing Checks: Administrative Liability Under Philippine Law

A lawyer who issues worthless checks faces suspension even after full payment. Learn the rules from a Supreme Court administrative case.

Oct 24, 2008administrative-law

Ensuring Impartiality Upholding Raffle Rules IN Court Case Assignments

Oct 24, 2008eminent domainexpropriationjust compensationproperty lawnational housing authorityreconveyance

Eminent Domain and Abandonment: Reversion of Expropriated Land for Lack of Public Use

When the government abandons expropriated land and fails to pay just compensation, courts may order reconveyance to the original owners.

Oct 24, 2008criminal-lawqualified-rapemoral-ascendancyvictim-testimonyrevised-penal-codesupreme-court

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Oct 24, 2008eminent domainexpropriationjust compensationreconveyanceproperty lawnational housing authority

Eminent Domain Abandonment of Expropriated Property and the Right to Reconveyance

When the government abandons expropriated land and fails to pay just compensation, owners may reclaim the property. Learn the rules.

Oct 24, 2008administrative lawadministrative appealspnpra 6975private complainantpolice discipline

Limits to Private Appeals Examining the Scope of Authority in Philippine Administrative Law

A private complainant cannot appeal a PNP administrative case; only the government and respondent may do so under RA 6975.

Oct 24, 2008criminal lawhomicideself-defenseburden of proofmitigating circumstancesdamages

Homicide and Self-Defense: Burden of Proof and Mitigating Circumstances

A Philippine Supreme Court ruling explains why self-defense must be proven by the accused and how courts assess voluntary surrender and damages in homicide cases.

Oct 24, 2008administrative-lawdishonestypersonal-data-sheetcivil-servicedismissalgovernment-employment

Honesty Matters: Dismissal for False Statements in Government Job Applications

The Supreme Court ruled that false declarations in a Personal Data Sheet constitute dishonesty and falsification, warranting dismissal from government service.

Oct 24, 2008civil-procedurejudicial-dignitylegal-ethicscontemptadvocacy-limits

Upholding Court Dignity Limits to Criticism in Legal Advocacy

Court explains how criticism of judges must remain respectful; reckless attacks undermine judicial integrity and may be penalized.

Oct 20, 2008tax-lawtax-refundcommissioner-of-internal-revenueincome-tax-returnsphilippine-taxation

Tax Refund Claims and the Commissioner's Investigative Duty: A Philippine Legal Guide

Learn how Philippine courts handle tax refund claims, the Commissioner's investigative duty, and why substantiating claims with income tax returns is crucial.

Oct 17, 2008legal ethicsdisbarmentgross immoral conductcode of professional responsibilityadministrative law

Lawyer Disbarred for Gross Immoral Conduct: Abandoning Wife and Children

Supreme Court disbars lawyer who abandoned his wife and 12 children to cohabit with another woman, ruling gross immoral conduct warrants the ultimate penalty.

Oct 17, 2008court employeeadministrative casemisconductdiscourteous behaviorethical standardsjudiciary

Upholding Ethical Conduct Court Employee Penalized FOR Discourteous Behavior AND Misconduct

The Supreme Court ruled that a court employee's discourteous behavior and misconduct warrant disciplinary action, reaffirming strict ethical standards for judiciary personnel.