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显示第 13705–13728 篇,共 24,857 篇文章

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Oct 15, 2007contract-lawequitable-mortgagedeed-of-saleloancivil-codesupreme-court

Sale vs Equitable Mortgage: When a Deed of Sale Is Considered a Loan

Philippine Supreme Court explains when a deed of absolute sale may be treated as an equitable mortgage or loan, and when courts will uphold the sale.

Oct 15, 2007eminent domainexpropriationurban developmentra 7279supreme courtproperty law

Expropriation of Small Lots Upheld: The Limits of RA 7279's Exemption Rule

Supreme Court clarifies when small property owners may be exempt from expropriation, and the prospective effect of RA 7279.

Oct 15, 2007conjugal propertyfamily codeillegitimate childrensupportproperty lawexecution

Conjugal Property Support Illegitimate Children Family Code Rules

Supreme Court clarifies when conjugal property may be levied to satisfy support obligations for illegitimate children under the Family Code.

Oct 15, 2007habeas corpuspnprestrictive custodyadministrative lawpolice disciplinephilippine supreme court

Restrictive Custody in the PNP: Balancing Discipline and Liberty

The Supreme Court explains when restrictive custody of police officers under investigation is lawful and not a ground for habeas corpus.

Oct 15, 2007judicial ethicscourt employeesadministrative lawbail bondsgross misconductdishonesty

When Judges and Court Employees Fall Short: Ethical Standards in Personal Disputes

A Supreme Court ruling on judges and clerks who mishandled bail bonds and settlement funds, and the ethical standards for court personnel.

Oct 15, 2007tax exemptionfreeport zonessubicexcise taxra 9334preliminary injunction

When Can Government Revoke Tax Exemptions in Freeport Zones

Philippine Supreme Court ruling on when Congress may withdraw tax exemptions granted to Subic Freeport locators, and limits on injunctions against tax collection.

Oct 15, 2007trademark lawintellectual propertywell-known marksparis conventionipoin-n-out burger

Well-Known Foreign Trademarks Protected in the Philippines Even Without Local Registration

Philippine Supreme Court affirms protection for well-known foreign trademarks like IN-N-OUT Burger, even without local registration or local business presence.

Oct 15, 2007property lawfamily codeconjugal propertyexecutionappealsupport

When Property Is Conjugal: Support Debts and the Right Appeal Route

A wife's attempt to shield a titled lot from execution for her husband's child support debt fails on procedure and property law.

Oct 11, 2007contract-lawlease-rescissionforce-majeurenegligencecivil-codesupreme-court

Automatic Lease Rescission: When an Accidental Fire Ends a Lease

Explaining Felsan Realty v. Commonwealth of Australia: when a fire is accidental, a lessee may automatically rescind a lease and claim refunds.

Oct 11, 2007medical malpracticenegligencegross negligencedamagescivil law

Negligence vs Gross Negligence in Medical Malpractice: The Ilao-Oreta Standard

The Supreme Court clarifies the distinction between ordinary negligence and gross negligence in medical malpractice, and when damages may be awarded.

Oct 11, 2007criminal-lawbuy-bustdangerous-drugsra-9165warrantless-arrestevidence

Buy-Bust Operations in Drug Cases: When Arrests and Evidence Are Valid

Learn when warrantless arrests and searches in buy-bust operations are legal, and how evidence stays admissible in Philippine drug cases.

Oct 11, 2007eminent domainjust compensationagrarian reformland bankra 6657special agrarian court

Eminent Domain and Just Compensation: Why Courts—Not Agencies—Fix Fair Value

Supreme Court clarifies that RTCs, not DAR adjudicators, have original jurisdiction over just compensation in agrarian expropriation cases.

Oct 11, 2007criminal lawreasonable doubtconspiracymurderevidencepeople v dulay

Guilt Beyond Reasonable Doubt Affirming Conviction Despite Co-Conspirators' Acquittal

Conviction of one conspirator can stand despite acquittal of co-accused, as the Supreme Court affirms in People v. Dulay.

Oct 11, 2007medical negligencecivil lawdamagesgross negligencephysician liability

The Perils of Oversight: Delineating Negligence and Liability in Medical Practice

A missed surgery due to a time-zone error tests the line between ordinary and gross negligence in medical practice, shaping damage awards.

Oct 11, 2007civil-procedureforum-shoppingverificationrules-of-courtsupreme-courtlitigation

Forum Shopping Certification and Verification Defects: Strict Compliance in Philippine Courts

A defective certification against forum shopping and verification can get a petition dismissed. Learn the strict rules from Gabriel v. Court of Appeals.

Oct 11, 2007foreign corporationjurisdictionsummonscivil proceduredoing businessservice of summons

Jurisdiction Over Foreign Corporations and Proper Summons in Philippine Courts

Philippine Supreme Court clarifies when foreign corporations are "doing business" and how summons must be served on them.

Oct 11, 2007right of wayeasementcivil codeproperty lawlandlockedsupreme court

When Landlocked Property Demands Passage: Establishing a Legal Right of Way in the Philippines

Philippine law allows landlocked owners to demand a right of way, but only after meeting four strict requirements. Learn the rules from a Supreme Court ruling.

Oct 10, 2007civil procedureappeal periodfresh period rulerules of courtneypes doctrinesupreme court

The Fresh Period Rule: Reinterpreting Appeal Deadlines for Fair Adjudication

The Supreme Court clarifies the fresh period rule, allowing appeals within 15 days from denial of reconsideration, promoting substantial justice.

Oct 10, 2007contract-lawlease-agreementsthird-party-rightsproperty-disputescivil-codejurisprudence

Contractual Obligations and Third Party Rights in Property Lease Disputes

Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.

Oct 10, 2007bailstate witnessmurderparricidecriminal proceduresupreme court

Bail and State Witness Rules in Murder and Parricide Cases: The Valerio Case

The Supreme Court clarifies when bail may be denied and when an accused may be discharged as state witness in murder and parricide cases.

Oct 10, 2007criminal-lawrapeguilty-pleasearching-inquiryevidencesupreme-court

Guilty Plea Improvidence Evidence Trumps Error IN Child Rape Case

Supreme Court clarifies when an improvident guilty plea in a capital offense does not invalidate a rape conviction.

Oct 10, 2007salary reclassificationgovernment employeeseo 189position classificationdbmcivil service

Salary Reclassification in Government: Actual Duties vs Official Position

Philippine Supreme Court ruling on whether actual duties or official position title governs government salary reclassification under EO 189.

Oct 9, 2007illegal dismissalbackwagesreinstatementseparation paylabor lawsecurity of tenure

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Oct 9, 2007judicial accountabilitycourt fundsundue delayadministrative caseclerks of court

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.