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显示第 14041–14064 篇,共 24,858 篇文章

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Jul 17, 2007civil proceduredepositionintra-corporate disputesdiscoveryinterlocutory ordersupreme court

Deposition Deadlines in Corporate Disputes: What Philippine Computer Solutions v. Manzo Teaches

Philippine Supreme Court clarifies deposition deadlines in intra-corporate disputes and why interlocutory orders must be raised on appeal.

Jul 17, 2007administrative lawcertiorariappealombudsmanrule 43rule 65

Certiorari vs Appeal: Choosing the Right Remedy in Administrative Cases

A Supreme Court ruling clarifies why certiorari cannot substitute for a lapsed appeal in Ombudsman administrative cases, and explains the proper remedy.

Jul 17, 2007void judgmentjurisdictionjudicial retirementpartitioncivil procedure

Void Judgments Create No Rights: The Borres Heirs Case

A judge who decides after retirement acts without authority. His decision is void ab initio and can never become final or create rights.

Jul 17, 2007intra-corporate disputesmodes of discoverydepositioninterim rulesinterlocutory ordersupreme court

Deposition Deadlines in Intra-Corporate Cases: Philippine Computer Solutions v. Hernandez

The Supreme Court clarifies the 15-day discovery period under the Interim Rules on Intra-Corporate Controversies and the rule on interlocutory orders.

Jul 17, 2007universal chargeepirapolice powertaxationenergy regulationsupreme court

Universal Charge Under EPIRA: Police Power, Not Taxation, Says Supreme Court

The Supreme Court upheld the EPIRA's Universal Charge as a valid police power exaction, not a tax, and found no undue delegation of legislative authority.

Jul 17, 2007usury lawinterest ratesloan agreementsobligationsphilippine jurisprudence

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Jul 17, 2007universal chargeepirapolice powertaxationercelectricity consumers

Universal Charge Under EPIRA: Balancing Regulatory Power and Consumer Protection

The Supreme Court upheld the EPIRA universal charge as a valid police power exaction, not a tax, and affirmed ERC's delegated authority.

Jul 12, 2007criminal-lawrobbery-with-homiciderevised-penal-codesupreme-courtphilippines

Robbery With Homicide: When Intent to Rob and Resulting Death Define the Crime

The Supreme Court clarifies the elements of robbery with homicide, why attempted murder is absorbed, and the penalties imposed.

Jul 12, 2007election-lawelectric-cooperativesprocedural-rulessupreme-courtphilippine-law

Losing the Right to Appeal: The Importance of Following Election Rules in Electric Cooperatives

A Supreme Court ruling on election contests shows why strict compliance with procedural rules in electric cooperative elections is non-negotiable.

Jul 12, 2007treacherycriminal lawparriciderevised penal codeaggravating circumstancesupreme court

Treachery Defined: The Element of Surprise in Criminal Law

The Supreme Court explains treachery as a sudden, unexpected attack, using a husband stabbing his sleeping wife as the defining example.

Jul 12, 2007evidenceauthenticationprivate documentsrules of courtcivil procedure

Authentication or Bust: When Private Documents Need Proof to Fly in Court

Philippine Supreme Court ruling on why private documents like audited financial statements must be authenticated before courts can admit them as evidence.

Jul 12, 2007unlawful detainertorrens titleejectmentproperty possessiondeed of salecivil law

Registered Title vs Unregistered Deed in Unlawful Detainer Cases: Pascual v. Coronel

In ejectment cases, a Torrens title prevails over unregistered deeds of sale. Learn the rule from Pascual v. Coronel.

Jul 12, 2007contract-of-salereal-estate-lawprice-certaintyphilippine-supreme-courtconsentforeclosure

Price Certainty in Real Estate Sales: When a "Yes" Is Not Enough

Philippine Supreme Court clarifies that a contract of sale requires a definite price; vague terms and unresolved payment details prevent perfection.

Jul 12, 2007family-lawhabeas corpuscustody of minorsjurisdictionfamily courtsra 8369

Concurrent Jurisdiction Safeguarding Minors Across Regions in Habeas Corpus Cases

The Supreme Court clarifies that family courts share concurrent jurisdiction with the Court of Appeals and Supreme Court in habeas corpus cases involving custody of minors.

Jul 12, 2007administrative-law

Standing TO Appeal Protecting Appointees Rights IN Civil Service Decisions

Jul 12, 2007sheriffsbarangay justiceadministrative lawlocal government codekatarungang pambarangaymisconduct

Sheriffs Authority Limits On Enforcing Barangay Settlements

When can sheriffs enforce a barangay amicable settlement? The Supreme Court clarifies the limits of sheriff authority in Solway v. Pascasio.

Jul 12, 2007contempt of courtfinality of judgmentcode of professional responsibilitysupreme courtlegal ethicsrule 71

Finality of Judgments: When Persistence Becomes Contempt of Court

A lawyer's relentless attacks on a final Supreme Court ruling led to indirect contempt. Learn the limits of fair criticism.

Jul 12, 2007custody of minorshabeas corpusfamily courtjurisdictionfamily coderules of court

Custody of Minors and Habeas Corpus: Understanding Court Jurisdiction in the Philippines

The Supreme Court clarifies that family courts and the Court of Appeals share concurrent jurisdiction over habeas corpus petitions involving custody of minors.

Jul 12, 2007custodyhabeas corpusfamily courtjurisdictionfamily code

Custody Habeas Corpus: Family Courts and the Court of Appeals Share Jurisdiction

The Supreme Court clarifies that family courts do not have exclusive jurisdiction over habeas corpus petitions involving child custody disputes.

Jul 12, 2007attachment bondrule 57sovereign immunityforfeituresandiganbayancivil procedure

Sovereign Solvency: Why the Republic Is Exempt From Attachment Bond Requirements

The Supreme Court affirms that the Republic of the Philippines, as a sovereign, is exempt from posting attachment bonds in civil cases.

Jul 12, 2007recto lawcivil codeleasefinancing agreementinstallment salepci leasing

Lease or Disguised Sale: Recto Law Protects Lessees in Equipment Financing Agreements

When is a lease really a sale? The Supreme Court explains how the Recto Law shields lessees in disguised financing deals.

Jul 12, 2007parricidecriminal lawrevised penal codetreacherychild witnesssupreme court

Marital Violence Establishing Guilt Beyond Reasonable Doubt IN Parricide Cases

A husband who stabbed his sleeping wife was convicted of parricide. The Supreme Court affirmed the conviction and clarified the rules on child testimony, treachery, and damages.

Jul 12, 2007contempt of courtcode of professional responsibilitylawyer disciplinesupreme courtjudicial dignitylegal ethics

Contempt of Court and Lawyer Accountability: The Roxas Case

A lawyer's intemperate letter to a Supreme Court Justice led to a P30,000 fine for indirect contempt and a reminder of professional ethics.

Jul 11, 2007custodyfamily codetender-age presumptionbest interest of the childcivil lawsupreme court

Custody Disputes: Why a Mother's Fitness Prevails for Children Under Seven

Philippine Supreme Court clarifies the tender-age presumption in custody disputes, affirming a mother's right to sole custody absent compelling evidence of unfitness.