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显示第 13537–13560 篇,共 24,857 篇文章

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Dec 24, 2007quasi-delictnegligencecivil codevicarious liabilitytraffic accidentsupreme court

Negligence in a U-Turn Collision: Quasi-Delict Liability Under Philippine Law

A Supreme Court ruling clarifies negligence and vicarious liability in a U-turn collision, applying Articles 2176 and 2180 of the Civil Code.

Dec 21, 2007tax credit certificatesexcise taxgood faith transfereebirphilippine tax law

Tax Credit Certificates: Good Faith Transferees Protected Against Fraudulent Issuance

Supreme Court rules transferees in good faith and for value of tax credit certificates cannot be made to pay taxes again when the certificates are later canceled for fraud.

Dec 21, 2007agrarian reformcarlra 6657pd 27church landsretention limits

Agrarian Reform Church Lands AND THE Limits OF Exemption

The Supreme Court ruled that church lands are not exempt from agrarian reform, and a trustee cannot claim multiple retention rights.

Dec 21, 2007agrarian reformproperty lawchurch landsra 6657pd 27retention rights

Agrarian Reform Coverage of Church Lands: The Roman Catholic Archbishop of Caceres Case

Philippine Supreme Court ruling that church-held agricultural lands are not exempt from agrarian reform coverage under PD 27 and RA 6657.

Dec 20, 2007corporate rehabilitationdacion en pagosecured creditorscontract impairmentsec

Rehabilitation Plans and Contractual Rights: Dacion en Pago in Corporate Recovery

Supreme Court ruling on whether a rehabilitation plan's dacion en pago proposal violates a secured creditor's contractual rights.

Dec 19, 2007labor-lawillegal-dismissalabandonmentdetentionemployee-rightsjurisprudence

Absence Due to Unjustified Detention: Employee Protection Against Illegal Dismissal

Philippine Supreme Court ruling on when an employee's absence due to detention does not constitute abandonment, protecting workers from illegal dismissal.

Dec 19, 2007criminal lawhomicidetreacheryqualifying circumstancesrevised penal code

When Treachery Is Not Proven: How a Murder Charge Becomes Homicide

A Supreme Court ruling shows why treachery must be proven beyond reasonable doubt, and how its absence reduced a murder conviction to homicide.

Dec 19, 2007agrarian reformjust compensationdar formulaeminent domainland valuationphilippine law

Eminent Domain and Just Compensation: How the DAR Formula and Land Valuation Interact

A Supreme Court ruling clarifies that the DAR valuation formula guides, but does not strictly bind, courts in fixing just compensation for lands taken under agrarian reform.

Dec 19, 2007remedial-law

Upholding Search Warrants IN Intellectual Property Cases THE Importance OF Probable Cause AND Specificity

Dec 19, 2007criminal-lawappealcounsel-de-oficiorules-of-courtdue-processpublic-attorneys-office

When Appeals Should Not Be Dismissed: Protecting Rights of Appellants With Counsel de Oficio

The Supreme Court clarifies when the Court of Appeals may dismiss an appeal for failure to file a brief, protecting indigent appellants.

Dec 19, 2007contract-lawpepsi-number-feversecurity-codepromo-prizestare-decisissupreme-court

Security Codes and Promo Prizes: Why 349 Crown Holders Lost in Court

The Supreme Court denied claims of 349 crown holders in the Pepsi number fever promo, ruling that the correct security code was indispensable to win.

Dec 19, 2007academic freedomstudent disciplinedue processchededucation lawsupreme court

Academic Freedom vs Student Rights: Balancing Discipline and Due Process in Higher Education

The Supreme Court balances academic freedom and student rights in De La Salle University v. CA, clarifying due process and CHED jurisdiction.

Dec 19, 2007administrative lawimmoralitydue processcourt employeescivil servicejudiciary

Moral Conduct in the Judiciary: Defining Immorality and Due Process for Court Employees

The Supreme Court clarifies when giving birth out of wedlock is immoral conduct for court employees and protects due process rights.

Dec 19, 2007labor lawillegal dismissalabandonmentbackwagesnlrcsupreme court

Detention and Absences: When Prolonged AWOL Is Not Abandonment

Philippine Supreme Court ruling on when an employee's prolonged absence due to detention does not constitute abandonment, and the limits of dismissal.

Dec 19, 2007civil-lawadministrative-liabilityself-helpjudiciary-conductproperty-disputesclerks-of-court

Taking the Law Into One's Own Hands: When Recovery Attempts Lead to Legal Liability

A clerk of court's angry outburst over cut bamboos shows how self-help recovery can trigger administrative liability despite retirement.

Dec 19, 2007mining lawdenrmineral agreementsra 7942jurisdictionphilippine mining act

Upholding Statutory Mandates Hdmfs Rule Making Limits IN Granting PAG Ibig Fund Waivers

The Supreme Court rules that only the DENR Secretary can cancel mineral agreements, not the Panel of Arbitrators, in Celestial Nickel v. Macroasia.

Dec 19, 2007pag-ibighdmflabor-lawadministrative-lawwaiverstatutory-construction

HDMF Cannot Restrict Pag-IBIG Waiver Beyond What the Law Allows

Supreme Court rules HDMF cannot limit Pag-IBIG fund coverage waivers to distressed employers, as administrative rules cannot override the law.

Dec 18, 2007banking lawfiduciary dutynegligenceforeign currency deposittortscitibank

Bank Negligence and Fiduciary Duty in Handling Foreign Currency Deposits

Philippine Supreme Court ruling on bank liability for negligence in handling foreign currency time deposit pretermination and fiduciary duty.

Dec 18, 2007administrative-law

Taxation Within Special Economic Zones Defining THE Jurisdiction Between Regular Courts AND THE Court OF TAX Appeals

Dec 17, 2007legal professioncitizenshipra 9225bar membershipsupreme courtpractice of law

Can a Filipino Lawyer Who Became a Foreign Citizen Still Practice Law? The Dacanay Ruling

The Supreme Court explains when a lawyer who lost Philippine citizenship may resume law practice under RA 9225.

Dec 17, 2007social securitycorporate lawdirector liabilitysss contributionspiercing corporate veil

Directors Personally Liable for Unremitted SSS Contributions: The Garcia Doctrine

The Supreme Court holds directors personally liable for collected but unremitted SSS contributions, piercing the corporate veil under the Social Security Law.

Dec 17, 2007rapecriminal lawvictim testimonycredibility of witnessesphilippine supreme court

Credibility of Victim Testimony in Rape Cases Convicting Solely on Direct Evidence

In People v. Aguilar, the Supreme Court upheld a rape conviction based solely on the victim's credible testimony, ruling medical evidence is not indispensable.

Dec 14, 2007land registrationtorrens systemproperty rightsoriginal certificate of titleact no. 496supreme court

Forged Titles and Faulty Foundations: How Errors in Original Land Registration Undermine Property Rights in th

A Supreme Court ruling explains why the date of transcription, not decree issuance, determines a title's validity and priority.

Dec 14, 2007torrens-systemland-registrationact-no-496original-certificate-of-titleproperty-lawsupreme-court

Supreme Court Clarifies Torrens Title Date: Registration Takes Effect on Transcription, Not Decree Issuance

The Court ruled that a Torrens title takes effect only upon transcription by the Register of Deeds, resolving a decades-old land dispute.