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显示第 1297–1320 篇,共 24,625 篇文章

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Mar 16, 2022civil lawdeed of salenotarized documentspresumption of regularityproperty lawsimulated contracts

Deed of Sale Validity and the Presumption of Regularity in Notarized Property Transactions

The Supreme Court reaffirms that notarized deeds of sale enjoy the presumption of regularity, which only clear and convincing evidence can overturn.

Mar 16, 2022indigenous peoplesancestral domainncipdelegated authorityminingipra

The Limits of Delegated Authority Protecting Indigenous Land Rights in the Philippines

A mining firm's compliance certificate was voided when an NCIP commissioner signed it without valid delegated authority. Learn the rules.

Mar 16, 2022commercial-lawnegotiable-instruments-lawforged-endorsementcollecting-bankbanking-lawchecks

Who Pays When a Check's Payee Is Faked? Collecting Bank's Liability for Forged Endorsements

Philippine Supreme Court clarifies when a collecting bank must return funds paid out on checks with forged endorsements to an impostor.

Mar 16, 2022maritime lawseafarers rightsdisability benefitspoea-secmanning agencylabor law

Seafarers’ Right to Disability Benefits When Employer Refuses Medical Attention

When a manning agency ignores a seafarer’s request for medical attention, it cannot use that failure to defeat a disability claim.

Mar 16, 2022illegal recruitmentlarge scale illegal recruitmenteconomic sabotageestafamigrant workerscriminal law

Large Scale Illegal Recruitment Conviction Upheld: Lessons on Appeal Limits

Supreme Court affirms large scale illegal recruitment conviction, raises fine to P5M, and explains why erroneous estafa penalties can no longer be corrected.

Mar 16, 2022tax amnestywithholding taxcorporate officersbirra 9480criminal liability

Tax Amnesty Limits: Withholding Tax Liabilities and Corporate Officer Liability

The Supreme Court clarifies that tax amnesty under RA 9480 does not cover withholding tax liabilities, and corporate officers may still face prosecution.

Mar 16, 2022anti-graftconspiracyra 3019optical media boardcriminal lawsandiganbayan

Unwarranted Benefit: Dissecting Graft and Conspiracy in Optical Media Regulation

The Supreme Court clarifies conspiracy and graft liability under RA 3019 in a case involving released pirated DVDs from OMB custody.

Mar 16, 2022commercial-lawnegotiable-instrumentsforged-checkscollecting-bankbanking-lawfictitious-payee

Liability for Forged Checks When Collecting Banks Bear the Loss

Philippine Supreme Court ruling on collecting bank liability for forged endorsements, negligence standards, and the fictitious payee rule.

Mar 16, 2022notarial practice2004 rules on notarial practicenotary publicadministrative casecivil law

Notarial Disqualifications Familial Relationships AND Contractual Principals

A notary cannot notarize a deed where a relative within the fourth civil degree is a party—even if that relative did not sign.

Mar 16, 2022indigenous peoples rightsnon-delegation doctrineancestral domainmining lawncipadministrative law

Non-Delegation Doctrine Shields Indigenous Rights in Mining Agreements

Supreme Court voids mining compliance certificate signed under invalid delegation, protecting Mamanwa Tribes' ancestral domain rights.

Mar 15, 2022land registrationcadastral systemtorrens systemproperty lawlrasupreme court

Missing Land Records Do Not Invalidate Decree: Supreme Court Ruling

The Supreme Court ruled that a land registration decree remains valid even when government records are missing, protecting landowners from administrative oversights.

Mar 15, 2022motion to quashestafadouble jeopardyprobable causerules of courtcriminal procedure

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Mar 15, 2022legal ethicsdisbarmentprofessional responsibilityfake court decisioncode of professional responsibilityadministrative law

Fake Court Decision Leads to Disbarment for Lawyer's Deceit and Misrepresentation

Supreme Court disbars lawyer who fabricated a court decision in a nullity of marriage case, reaffirming strict ethical standards for attorneys.

Mar 15, 2022criminal-lawdangerous-drugschain-of-custodybuy-bust-operationra-9165saving-clause

Upholding Drug Convictions: Justifiable Grounds for Inventory Location and the Chain of Custody Rule

Explaining when police may move drug inventory from the arrest site, and how the saving clause preserves convictions under RA 9165.

Mar 15, 2022notarial practicelegal ethicsadministrative casenotary publiccode of professional responsibilitysupreme court

Notarial Duty to Verify Identity: Lessons from Dionisio v. Padernal

Notarization is not a mechanical act. A notary must verify identity using competent evidence—not community tax certificates—or face sanctions.

Mar 15, 2022commission on auditpdicdisallowancegovernment corporationsadministrative law

Upholding COA Authority: PDIC Condonation of Bank Debts Disallowed

Supreme Court affirms COA disallowance of PDIC's P1.98 billion condonation and write-off of bank debts, holding PDIC Board liable.

Mar 15, 2022criminal-lawextinguishment-of-liabilitydeath-of-accusedkidnapping-for-ransomcriminal-procedurepeople-v-caloring

Extinguishment of Criminal Liability: Death of Accused Pending Appeal and Its Implications

Explaining People v. Caloring: how an accused's death pending appeal extinguishes criminal and civil liability, with key procedural lessons.

Mar 15, 2022attorney's feesestate proceedingsdocket feescertiorariprobatecivil law

Attorney's Fees in Estate Proceedings: When Docket Fees Are Not Required

The Supreme Court clarifies when lawyers claiming fees from an estate need not pay separate docket fees, and when certiorari is proper.

Mar 15, 2022judicial clemencyadministrative lawsupreme courtjudgeslegal ethics

Judicial Clemency Requires Remorse and Reformation, Not Just Time Served

The Supreme Court denies a dismissed judge's plea for judicial clemency, ruling that genuine remorse and reformation are indispensable requirements.

Mar 14, 2022custodia legiscode of professional responsibilitylawyer disciplinesupreme courtadministrative casewill probate

Navigating Will Probate: Key Lessons From a Landmark Philippine Supreme Court Case

A Philippine Supreme Court decision on property under custodia legis offers crucial lessons for lawyers and litigants in estate and will probate cases.

Mar 14, 2022civil lawproperty rightscontractscompromise agreementexecution of judgmentphilippine supreme court

Upholding Property Rights: The Binding Effect of Contracts on Subsequent Owners in Philippine Law

A Supreme Court ruling explains when contracts bind third-party buyers and why timely execution of judgments matters in property disputes.

Mar 14, 2022student disciplinepreliminary inquirydue processuniversity rulesadministrative law

Defining "By" in Preliminary Inquiries for Student Disciplinary Cases

Supreme Court clarifies that a preliminary inquiry conducted "before" a student tribunal is valid even if performed "by" its members.

Mar 14, 2022criminal-lawwarrantless-arrestprobable-causehot-pursuitrule-113plain-view-doctrine

Probable Cause and Hot Pursuit: When Police Can Make a Warrantless Arrest

The Supreme Court clarifies the "hot pursuit" exception to the warrant requirement, explaining when police may arrest without a warrant.

Mar 14, 2022administrative lawlegal ethicscode of professional responsibilitycustodia legislawyer disciplinesupreme court

Lawyer Sanctioned for Misusing Court Custody of Levied Property

Supreme Court suspends lawyer for one year for taking a vehicle under custodia legis without court approval, violating the Code of Professional Responsibility.