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显示第 13417–13440 篇,共 24,857 篇文章

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Feb 13, 2008reconstitution of titlera 26lost titlestorrens systemland registrationcadastral proceedings

Reconstitution of Title: Strict Proof Required for Lost or Destroyed Land Titles in the Philippines

Philippine Supreme Court clarifies strict requirements for reconstitution of lost or destroyed land titles under RA 26, emphasizing proof of original title issuance.

Feb 13, 2008corporate rehabilitationjudicial independenceforeclosurepreliminary injunctionstay orderphilippine law

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

Feb 13, 2008constitutional lawlocal governmentpolice powerzoning ordinancemandamuspublic welfare

Balancing Public Welfare and Business Interests: The Manila Oil Depot Relocation Case

The Supreme Court upheld Manila's Ordinance No. 8027, ordering oil companies to relocate from Pandacan, balancing public safety with business interests.

Feb 13, 2008tax-lawsenior-citizen-discountstax-creditcorporate-authorityverification-forum-shopping

Corporate Authority and Tax Credits: Clarifying the Scope for Senior Citizen Discounts

Supreme Court clarifies corporate officer authority in signing pleadings and affirms tax credit entitlement for senior citizen discounts despite net loss.

Feb 13, 2008labor lawillegal dismissaldue processterminationovertimehabitual tardiness

Habitual Tardiness and Overtime Refusal: When Dismissal Is Valid but Due Process Still Matters

Philippine Supreme Court ruling on valid dismissal for habitual tardiness and overtime refusal, and the price of skipping procedural due process.

Feb 13, 2008ombudsmangraftprobable causerule 45discretionanti-graft law

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Feb 13, 2008ombudsmangraftcriminal procedureprosecutorial discretionmandamussupreme court

Ombudsman's Discretion: When Courts Can Compel Criminal Charges for Graft

The Supreme Court clarifies when courts may compel the Ombudsman to file criminal charges, balancing prosecutorial discretion with judicial oversight.

Feb 13, 2008corporate rehabilitationcontinuing jurisdictionpreliminary injunctionspecial proceedingcivil actionphilippine supreme court

Continuing Jurisdiction and Court Power: Rombe Eximtrade v. Asiatrust

When can a court issue an injunction after another court dismissed a rehabilitation case? The Supreme Court clarifies the limits of judicial power.

Feb 13, 2008litis pendentiaforum shoppingcivil proceduredeed of restrictionssupreme court

Litis Pendentia Dismissal Reversed: Lack of Identical Parties and Causes of Action

Supreme Court clarifies litis pendentia elements, reversing a dismissal for lack of identical parties and causes of action.

Feb 12, 2008theftestafacriminal lawrevised penal codepossessionsupreme court

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

Feb 12, 2008labor-lawvoluntary-arbitratorcourt-of-appealsrule-43rule-65procedural-remedies

Voluntary Arbitration Decisions Appeal to Court of Appeals: Why Timely Action Matters

Learn why voluntary arbitration awards must be appealed to the CA under Rule 43 within 15 days, and the cost of filing the wrong remedy.

Feb 12, 2008insurance-lawhealth-carepre-existing-conditionssupreme-courtphilamcareburden-of-proof

Health Care Agreements: Insurers Must Prove Pre-Existing Conditions

Philippine Supreme Court ruling on who bears the burden of proving pre-existing conditions in health care agreements, and insurer liability for damages.

Feb 12, 2008preliminary injunctionmandatory injunctioncivil procedureirreparable injuryclear rightsupreme court

Preliminary Mandatory Injunctions: Clear Right and Irreparable Injury Required

The Supreme Court explains when preliminary mandatory injunctions may issue, requiring clear rights and concrete proof of irreparable injury.

Feb 12, 2008civil lawcontract rescissionfinality of judgmentsdue processcounsel negligenceconstruction contract

Finality of Judgments, Due Process, and Counsel's Negligence in Contract Rescission

A Supreme Court ruling on finality of judgments, due process, and counsel's negligence in a construction contract rescission case.

Feb 12, 2008notarial lawlegal ethicswillsnotary publicprofessional responsibilitycivil law

Negligence in Notarization: Consequences for Lawyers and the Validity of Wills

A lawyer-notary's careless notarization of a will can invalidate it and trigger suspension. Learn the rules and consequences.

Feb 12, 2008certiorarifinality of judgmentrule 65executionprobate court

Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments

Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.

Feb 12, 2008mutuality of contractsinterest ratesbanking lawphilippine national bankloan agreementsforeclosure

Mutuality of Contracts: The Limits of Bank Discretion in Setting Interest Rates

Philippine Supreme Court clarifies that unilateral interest rate setting violates mutuality of contracts, but the principal loan obligation remains valid and enforceable.

Feb 12, 2008civil-law

Enforcement OF Estate Obligations Probate Courts Power TO Execute Sales Agreements

Feb 12, 2008legal ethicscode of professional responsibilityattorney suspensionclient trustadministrative case

Attorney Suspended for Neglect and Mishandling Client's Property

Supreme Court suspends lawyer for two years for failing to render legal services, returning money late, and withholding client's title and documents.

Feb 12, 2008malversationpublic fundsarticle 217sandiganbayancriminal lawrestitution

Full Restitution No Defense in Malversation: Perez v. People Explained

Full restitution does not erase criminal liability for malversation of public funds. Learn the elements, defenses, and penalties under Article 217.

Feb 12, 2008labor-lawbreach-of-trustillegal-dismissalterminationbankingmanagerial-employees

Breach of Trust: When Workplace Conduct Undermines Employer Confidence

Supreme Court ruling on when managerial employees may be validly dismissed for breach of trust and loss of confidence.

Feb 12, 2008co-ownershipforcible entryproperty rightscivil lawejectment

Co-Ownership Consent and the Limits of Property Rights in the Philippines

One co-owner's consent cannot authorize construction on common property. The Supreme Court explains forcible entry rules in co-ownership disputes.

Feb 11, 2008timesharesecurities regulationsec registrationcontract rescissionphilippine lawsupreme court

Timeshare Contracts and SEC Registration: What Buyers Should Know

Supreme Court clarifies that unregistered timeshare sales violate the Securities Act, and buyers may rescind such contracts.

Feb 11, 2008administrative lawteachersreassignmentcivil serviceeducation

Teachers Reassignment Balancing Rights AND Educational Needs

Explains when public school teachers may be validly transferred or reassigned, citing the Supreme Court ruling in Superintendent of City Schools v. Azarcon.