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显示第 13849–13872 篇,共 24,858 篇文章

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Sep 5, 2007acquisitive prescriptionadverse possessioncivil lawproperty lawextraordinary prescriptionsupreme court

Uninterrupted Possession Acquiring Property Rights Through Acquisitive Prescription

Explore how extraordinary acquisitive prescription works under Philippine law, using a Supreme Court ruling on adverse possession.

Sep 5, 2007criminal-law

Challenging Sweetheart Defense Consent IN Statutory Rape Cases

Sep 5, 2007bouncing checks lawbp 22notice of dishonorcriminal lawsupreme court

Written Notice of Dishonor Is Essential in B.P. 22 Cases: Bax v. People

The Supreme Court clarifies that oral demands do not suffice—written notice of dishonor is required to convict under the Bouncing Checks Law.

Sep 5, 2007accommodation partynegotiable instruments lawpromissory notessuretycivil law

Accommodation Party Liability: Associated Bank v. Ang on Negotiable Instruments

Explaining the Supreme Court's ruling in Associated Bank v. Ang on accommodation party liability under the Negotiable Instruments Law.

Sep 3, 2007labor lawcontrol testemployee classificationindependent contractorphilippine labor law

Distinguishing Employees From Independent Contractors: The Control Test in Philippine Labor Law

Philippine Supreme Court explains the control test for distinguishing employees from independent contractors in labor law disputes.

Sep 3, 2007labor lawindependent contractoremployer-employee relationshipcontrol testillegal dismissalnlrc

Independent Contractor vs Employee: The Control Test in Philippine Labor Disputes

Philippine Supreme Court clarifies the control test distinguishing independent contractors from employees in labor disputes, using a restroom concessionaire case.

Sep 3, 2007criminal lawtreacherypositive identificationmurderfrustrated murderevidence

Treachery and Positive Identification in Violent Crimes: People v. Alabado

How the Supreme Court upheld murder and frustrated murder convictions based on positive identification and treachery in People v. Alabado.

Sep 3, 2007ejectmentsubleaselease contractrules of courtservice of noticecounsel of record

Ejectment and Sublease Violations: Service of Notices and Counsel of Record Rules

Learn how the Supreme Court ruled on ejectment, sublease prohibitions, and why notices must be served on counsel of record in Philippine cases.

Sep 3, 2007subleasejoint venturelease agreementejectmentcontract lawphilippine law

Subleasing Prohibitions: Joint Venture vs Lease Agreement Distinctions

Philippine Supreme Court ruling on when a sublease violates a lease contract's prohibition, and why labeling an agreement a "joint venture" may not save it.

Sep 3, 2007contractsmutuality of contractsinterest ratesloan agreementsbanking lawcivil code

Mutuality of Contracts: The Limits of Unilateral Interest Rate Adjustments in Loan Agreements

Philippine Supreme Court ruling on when banks cannot unilaterally raise loan interest rates without borrower consent, citing mutuality of contracts.

Sep 3, 2007judicial ethicsundue delaycode of judicial conductadministrative liabilityspeedy dispositionsupreme court

Judicial Accountability: The Consequences of Delay in Resolving Court Matters

The Supreme Court fined a judge P10,000 for undue delay in resolving a motion, underscoring that justice delayed is justice denied.

Sep 3, 2007anti-graft lawsection 3(g)conspiracyprivate individualssandiganbayanra 3019

When Private Individuals Cannot Be Charged Under Section 3(g) of the Anti-Graft Law

Explaining Go v. Sandiganbayan: why private persons cannot be charged with conspiracy under Section 3(g) of RA 3019.

Sep 3, 2007property-lawwrit-of-possessionforeclosureheirs-rightsundivided-estatecivil-law

Writ of Possession Protecting Heirs' Rights in Undivided Estates

Learn how the Supreme Court protects compulsory heirs when a foreclosed property is subject to a writ of possession in an undivided estate.

Sep 3, 2007property-lawwrit-of-possessionextrajudicial-foreclosurecompulsory-heirsforeclosureland-titles

Writ of Possession Ministerial After Foreclosure, But Not Against Non-Parties

Philippine Supreme Court clarifies that writ of possession is ministerial after foreclosure consolidation, but cannot oust compulsory heirs who were not parties to the foreclosure.

Aug 31, 2007securities-law

Stock Transfer Obligations Ministerial Duty VS Corporate Discretion

Aug 31, 2007criminal-lawdrug-caseschain-of-custodyra-9165evidencebuy-bust

Chain of Custody in Drug Cases: When Non-Compliance with RA 9165 Is Not Fatal

The Supreme Court explains when lapses in Section 21 custody rules won't invalidate drug evidence, and why objections must be raised at trial.

Aug 31, 2007administrative lawdishonestysubstantial evidencedue processcivil servicefalsification

Proof Beyond Suspicion: Upholding Due Process in Administrative Dishonesty Cases

The Supreme Court clarifies that administrative charges like dishonesty require substantial evidence, not mere speculation. Learn the standard of proof.

Aug 31, 2007criminal lawdrug caseschain of custodyra 9165buy-bust operationevidence

Upholding the Chain of Custody in Drug Cases: People v. Pringas

The Supreme Court clarifies that non-compliance with Section 21 of RA 9165 is not fatal if the integrity of seized drugs is preserved.

Aug 31, 2007conspiracycriminal lawrevised penal codephilippine supreme courtrobbery with homicidecriminal liability

Shared Intent Shared Liability Understanding Conspiracy in Philippine Criminal Law

Learn how conspiracy works in Philippine criminal law, when co-accused share liability, and what the Supreme Court says about proving a common design.

Aug 31, 2007criminal-lawreclusion-perpetuawithdrawal-of-appealexecutive-clemencysupreme-courtrules-of-court

Withdrawal of Appeal in Reclusion Perpetua Cases: Discretion and Executive Clemency

The Supreme Court clarifies that reclusion perpetua cases are not subject to mandatory review, allowing appellants to withdraw their appeals.

Aug 31, 2007sheriffsadministrative lawexecution saleproperty redemptionrules of court

Sheriffs Must Follow Auction Sale and Redemption Rules Strictly

A sheriff's failure to follow Rule 39 procedures on auction sales and property redemption constitutes simple neglect of duty, warranting suspension.

Aug 31, 2007construction-law

Upholding Arbitration Ciac Jurisdiction Over Construction Disputes Despite Contractual Nuances

Aug 31, 2007legal ethicsdisbarmentreinstatementsupreme courtpractice of lawprivilege

Reinstatement to the Bar: Redemption and the Privilege to Practice Law

The Supreme Court grants a disbarred lawyer's plea for reinstatement after 15 years, explaining the standards for return to the bar.

Aug 30, 2007legal ethicsdisbarmentindirect contemptsupreme courtrules of courtlawyers

Disbarred Lawyer's Continued Practice: Indirect Contempt and the Supreme Court's Warning

The Supreme Court held a disbarred lawyer in indirect contempt for continuing to practice law, underscoring the permanence of disbarment and the judiciary's authority.