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显示第 13633–13656 篇,共 24,857 篇文章

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Nov 22, 2007reconveyanceland registrationprescriptionfraudtorrens titlecivil law

Fraudulent Land Registration and the Four-Year Prescription Period for Reconveyance Actions

Philippine Supreme Court clarifies when the four-year prescriptive period for reconveyance actions begins, using Sixto Antonio v. Santos as guide.

Nov 22, 2007tax-lawlocal-business-taxgross-receiptscontractorslocal-government-codeericsson

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.

Nov 22, 2007civil lawleasesnegligenceres ipsa loquiturdamagesfire liability

Fire Damage Liability and Res Ipsa Loquitur in Philippine Lease Disputes

Philippine Supreme Court ruling on lessee liability for fire damage, res ipsa loquitur, and temperate damages in lease disputes.

Nov 22, 2007agricultural tenancyagrarian reformunlawful detainertenancy rightsproperty lawdarab

Proving Agricultural Tenancy Rights: Key Lessons from Fuentes v. Caguimbal

The Supreme Court clarifies that claiming to be a tenant is not enough—all elements of agricultural tenancy must be proven with evidence.

Nov 22, 2007civil-procedurelocal-business-taxgross-receiptssubstantial-complianceverificationforum-shopping

Substantial Compliance Prevails Upholding Justice Over Technicalities IN Appellate Procedure

SC rules substantial compliance with verification rules and corrects error on local business tax base—gross receipts, not gross revenue.

Nov 22, 2007ejectmentunlawful detainertenancyjurisdictionproperty lawagrarian reform

Ejectment Cases: When Tenancy Claims Do Not Strip Courts of Jurisdiction

The Supreme Court clarifies that raising a tenancy defense in ejectment cases does not automatically divest courts of jurisdiction over possession disputes.

Nov 21, 2007labor-lawsalary-withholdingcommission-on-auditgovernment-employeescash-shortageadministrative-code

Salary Withholding: Balancing Government Interest and Employee Rights in Philippine Law

Philippine Supreme Court clarifies when the government may withhold a public employee's salary for an alleged cash shortage, and when it cannot apply it to the debt.

Nov 20, 2007probateholographic willjurisdictiondue processforum-shoppingletters testamentary

Probate Jurisdiction and Due Process in Will Allowance: Nittscher v. Nogales

The Supreme Court clarifies probate jurisdiction, forum-shopping rules, and due process in allowing holographic wills and issuing letters testamentary.

Nov 20, 2007labor-lawcertiorariremedial-lawrule-65retroactivitysupreme-court

Retroactivity of Remedial Laws: Fresh 60-Day Period in Certiorari Petitions

Philippine Supreme Court explains why curative procedural rules apply retroactively, giving litigants a fresh 60-day period to file certiorari petitions.

Nov 20, 2007property-lawland-registrationforum-shoppinglitis-pendentiacalinisansupreme-court

Forum Shopping Dismissal of Land Registration Application Over Larger Properties

When does opposing a land registration application become forum shopping? The Supreme Court clarifies the rule in Calinisan v. Court of Appeals.

Nov 20, 2007double murderpositive identificationalibitreacherycriminal lawsupreme court

Positive Identification Over Alibi Upholds Conviction in Double Murder Case

Supreme Court affirms double murder conviction, ruling that positive identification by eyewitnesses prevails over alibi and denial.

Nov 20, 2007labor-and-employment-law

Upholding Labor Standards THE Secretary OF Labors Enforcement Powers AND Employee Rights TO Monetary Claims

Nov 20, 2007civil-lawequitable-mortgagedeed-of-saleland-disputesbuyers-in-good-faithphilippine-law

Genuine Sale vs Equitable Mortgage: When a Deed of Sale Stands in Land Disputes

The Supreme Court clarifies when a deed of sale is genuine and not an equitable mortgage, and how buyers in good faith are protected in land disputes.

Nov 20, 2007ejectmentunlawful detainerjurisdictionprior possessioncivil lawagrarian dispute

Upholding Possessory Rights Ejectment Suit Jurisdiction Prior Possession

Philippine Supreme Court ruling on ejectment jurisdiction, prior possession, and why a defendant's claim of ownership cannot defeat an unlawful detainer suit.

Nov 20, 2007criminal-lawtreacheryself-defensemurderrevised-penal-codesupreme-court

Treachery Defined: Upholding Justice Despite Claims of Self-Defense in Homicide Cases

The Supreme Court explains when treachery qualifies a killing as murder, and why a self-defense claim failed in a fatal stabbing.

Nov 19, 2007bigamyfamily codedeclaration of nullitymarriagephilippine lawsupreme court

Who Can Nullify a Bigamous Marriage? The Supreme Court's Answer

The Supreme Court rules that only the aggrieved or injured innocent spouse may petition to nullify a bigamous marriage—not the guilty party.

Nov 13, 2007construction lawproject manager authoritytime extensionconstruction disputeciacchange orders

Authority and Accountability: When a Project Manager's Sign-Off Binds the Owner in Construction Disputes

A project manager's approval of time extensions can bind the owner. Learn the rules from this Philippine Supreme Court case.

Nov 12, 2007due processadministrative lawdisciplinary casessheriffsupreme courtcivil service

Safeguarding Due Process Understanding Formal Investigation in Philippine Attorney Disciplinary Cases

Learn how the Supreme Court upholds due process in administrative cases against court personnel, using a sheriff's suspension as a key example.

Nov 12, 2007sheriffswrit of executionadministrative lawdue processejectmentpublic service

Sheriffs Duty Balancing Efficiency AND DUE Process IN Writ Execution

A sheriff's flawed execution of an ejectment writ led to suspension. Learn the administrative rules on due process and efficiency.

Oct 31, 2007corporate lawexecution pending appealinsurance claimscivil procedurepierce corporate veildue process

Piercing the Corporate Veil: Name Change vs. Corporate Identity in Insurance Claim Execution

When can a judgment be enforced against a corporation that merely shares a name with the judgment debtor? The Supreme Court clarifies the distinction between a name change and corporate identity.

Oct 26, 2007criminal-lawrapedna-evidencereasonable-doubtphilippine-supreme-courtevidence

Unraveling Reasonable Doubt: The Role of DNA Evidence in Rape Cases

Explore how Philippine courts weigh DNA evidence and credible testimony in rape convictions, as shown in People v. Tuazon.

Oct 26, 2007labor-lawofw-rightsillegal-dismissalburden-of-proofoverseas-employmentquitclaims

OFW Rights and the Employer's Burden of Proof in Illegal Dismissal Cases

Learn how Philippine courts protect overseas Filipino workers, and why employers carry the burden of proof in illegal dismissal cases.

Oct 26, 2007rapecriminal lawvictim testimonydna evidencesupreme courtphilippines

Protecting the Vulnerable: The Crime of Rape and the Importance of Victim Testimony

A 2007 Supreme Court ruling on rape underscores how victim testimony is weighed and why DNA evidence can prove decisive in appeals.

Oct 26, 2007partnership disputesfiduciary dutiesequitable remediescriminal procedureevidenceestafa

Partnership Disputes: Fiduciary Duties, Equitable Remedies, and the Right to Present Evidence

Supreme Court ruling on partnership disputes, fiduciary duties, equitable remedies, and the prosecution's right to present evidence in criminal cases.