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显示第 13441–13464 篇,共 24,857 篇文章

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Feb 11, 2008reconstitution of titlesregister of deedstorrens systemthird party rightsproperty registration decreeact no. 26

Reconstitution of Titles: Limits on Register of Deeds Authority and Third Party Rights

When titles are reconstituted after fire, the Register of Deeds cannot annotate liens omitted from the new certificates without court order.

Feb 11, 2008banking lawevidencepreponderance of evidencecivil proceduredeposit disputephysical evidence

BPI v. Reyes: Physical Evidence Prevails in Bank Deposit Dispute

Supreme Court explains preponderance of evidence in bank deposit disputes, ruling physical evidence outweighs bare testimony.

Feb 11, 2008demurrer to evidencesandiganbayananti-graftcustoms codecriminal proceduresupreme court

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

Feb 11, 2008dation in paymentcivil lawobligations and contractschattel mortgagesupreme court

Dation in Payment: When Transferring Property Fully Settles a Debt

A bank accepted equipment as full payment of a loan, then sued for more. The Supreme Court explains when dation in payment extinguishes a debt.

Feb 11, 2008civil procedurerule 43sec appealscourt of appealssecurities regulationphilippine law

Choosing the Right Court: Appeals from SEC Decisions Under Rule 43

Learn when appeals from SEC decisions go to the Court of Appeals under Rule 43, and why missing the deadline is fatal.

Feb 11, 2008election-lawland-title-reconstitutionregister-of-deedstorrens-systemproperty-registration-decreesupreme-court

Register of Deeds Cannot Re-Annotate Liens Omitted from Reconstituted Titles

Supreme Court rules Register of Deeds lacks authority to re-annotate liens omitted from reconstituted Torrens titles; court petition required.

Feb 11, 2008timesharesecurities regulationrescissionrule 43appeal periodsec

Enforcing Contractual Obligations: Valid Payment and the Courts' Supervisory Role

When may a buyer rescind a timeshare contract? The Supreme Court clarifies registration rules, rescission periods, and appeal deadlines.

Feb 11, 2008ejectmenttorrens titlecivil procedureforum shoppingpossessionproperty law

Ejectment and the Torrens Title: Why a Church's Title Prevailed Over a Former Pastor's Claim

A Supreme Court ruling on ejectment, Torrens titles, and why procedural lapses may be excused to serve substantial justice.

Feb 11, 2008civil proceduresupreme courtcertiorarihierarchy of courtsinterlocutory orderphilippine law

Navigating the Court Hierarchy When Directly Appealing to the Supreme Court in the Philippines

Philippine Supreme Court clarifies when direct petitions for certiorari are allowed, emphasizing the doctrine of hierarchy of courts.

Feb 11, 2008hospital liabilityapparent authoritycorporate negligencemedical malpracticeemployer-employeecivil code

Hospital Liability for Consultant Doctors: The Doctrine of Apparent Authority

Philippine Supreme Court ruling on hospital liability for consultant physicians' negligence under apparent authority and corporate negligence doctrines.

Feb 11, 2008property lawejectmenttorrens titlechurch propertyforum shoppingcivil procedure

Upholding Property Rights: The Church's Right to Eject a Former Pastor

A pastor who stayed on church property after his license was revoked had to leave. The Supreme Court ruled the church's title prevails over self-serving claims.

Feb 6, 2008gross misconductadministrative liabilitycourt personnelresignationanti-graftsupreme court

Court Employee Dismissed for Gross Misconduct Over Bribe Demand

In Malabanan v. Metrillo, the Supreme Court held that resigning and a complainant's desistance do not bar administrative liability for gross misconduct.

Feb 6, 2008administrative-law

Dishonored Checks AND Disciplinary Action Upholding Integrity IN Public Service

Feb 6, 2008tax lawexcise taxindirect taxinternational carrierscourt of tax appealssilkair

Tax Refunds for International Carriers: Who Really Owns the Claim?

A look at Silkair v. CIR on excise tax refunds, indirect taxes, and the strict rules on counsel of record.

Feb 6, 2008criminal-law

When Doubt Benefits THE Accused Establishing Intent IN Physical Injury Cases

Feb 6, 2008criminal lawrapecredibility of witnessesbeyond reasonable doubtstatutory rapealibi

Credibility of Witness Testimony in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on how victim credibility determines guilt beyond reasonable doubt in statutory rape cases.

Feb 6, 2008criminal lawfinality of judgmentappeal withdrawalfrustrated homicideless serious physical injuries

Finality Prevails Withdrawing Appeal Bars Subsequent Modification of Judgment

Withdrawing an appeal makes a judgment final and executory. The Supreme Court explains why courts cannot later modify it.

Feb 6, 2008judicial misconductadministrative casetemporary restraining orderpublic accountabilityrules of courtcode of judicial conduct

Breach of Trust, Dishonesty, Misconduct, and Accountability in Public Service

The Supreme Court's ruling in Mangandingan v. Adiong on judicial misconduct, raffle manipulation, and accountability in public service.

Feb 6, 2008administrative lawcode of professional responsibilitygrossly immoral conductjudiciary ethicscohabitationcourt employees

Cohabitation and Ethical Standards: Defining Immorality in the Judiciary

Philippine Supreme Court clarifies when cohabitation by court employees amounts to grossly immoral conduct warranting administrative discipline.

Feb 6, 2008labor-lawgross-misconductretirement-benefitsgovernment-employeesadministrative-casesupreme-court

Misconduct and Retirement Benefits: Grounds for Employee Dismissal in the Philippines

Court clerk’s gross misconduct leads to forfeited retirement benefits, explaining dismissal grounds and why resignation doesn't erase liability.

Feb 6, 2008criminal-lawdrug-casesreasonable-doubtbuy-bust-operationpresumption-of-innocencesupreme-court

Reasonable Doubt Prevails: Fair Trial Standards in Philippine Drug Cases

Supreme Court acquits drug suspect when buy-bust evidence is riddled with inconsistencies, reaffirming the presumption of innocence and the objective test.

Feb 6, 2008rapecriminal lawstatutory rapeevidencecredibilityalibi

Rape Conviction: Why Specificity in Criminal Charges and Evidence Matters

A look at People v. Zamoraga, where the Supreme Court affirmed a rape conviction, explaining how credible victim testimony and precise charges secure a guilty verdict.

Feb 4, 2008property-law

Possession Predicaments Understanding THE Limits OF Writs OF Possession IN Philippine Land Disputes

Feb 4, 2008bailgross ignorance of the lawjudicial ethicscriminal proceduredue process

Judicial Accountability When Haste Leads to Injustice in Granting Bail

A 2008 Supreme Court ruling reminds judges that bail in capital-offense cases requires notice, hearing, and evidence — not haste that defeats due process.