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显示第 14089–14112 篇,共 24,858 篇文章

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Jul 9, 2007criminal lawcattle rustlingpresidential decree 533possession of stolen propertysupreme court

Possession of Stolen Cattle and Proof of Guilt in Anti-Cattle Rustling Cases

Philippine Supreme Court clarifies how possession of stolen cattle establishes guilt beyond reasonable doubt under the Anti-Cattle Rustling Law.

Jul 6, 2007forcible entryejectmentprior possessionproperty lawcivil proceduresummary procedure

Prior Possession Prevails in Forcible Entry: Claudio v. Quebral

Philippine Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who recovers the property.

Jul 6, 2007jurisdictionpetition for reviewcompromise agreementsupreme courtcivil procedurephilippine law

Perfecting Your Appeal Understanding Jurisdictional Requirements IN Philippine Courts

A look at how the Supreme Court treats compromise agreements after a petition is denied, and what this means for litigants in the Philippines.

Jul 6, 2007compromise agreementcivil lawsupreme courtdispute resolutionphilippine courts

Upholding Compromise Agreements: A Pathway to Resolving Disputes in Philippine Courts

The Supreme Court recalls a final resolution to approve a compromise agreement, reaffirming that amicable settlements are favored in Philippine law.

Jul 6, 2007tax lawlocal taxationordinance publicationlocal government codetax collection

Publication Requirement for Tax Ordinances: A Prerequisite to Enforceability

Philippine Supreme Court clarifies that publication of local tax ordinances is a condition precedent to their enforceability and collection.

Jul 6, 2007criminal lawconstructive possessiondangerous drugssearch warrantwarrantless arrest

Constructive Possession in Drug Cases: What Quelnan v. People Teaches

The Supreme Court explains constructive possession of illegal drugs and when a warrantless arrest is valid in drug cases.

Jul 6, 2007statutory rapechild witnesscriminal lawrapeevidencetestimony

Protecting the Vulnerable: Statutory Rape and the Testimony of a Child Witness in Philippine Law

The Supreme Court affirms a statutory rape conviction, explaining how a child victim's credible testimony can establish guilt beyond reasonable doubt.

Jul 6, 2007ombudsmanadministrative complaintscertiorarirule 43judicial integrity

Dismissal of Baseless Administrative Complaints Against Court Personnel

The Supreme Court explains why an Ombudsman decision exonerating a respondent is final and unappealable, and when certiorari may still be used to question it.

Jul 6, 2007criminal lawconstructive possessiondangerous drugssearch warrantillegal possession

Possession Beyond Ownership: Constructive Possession in Drug Cases

The Supreme Court explains constructive possession in drug cases—control and dominion matter more than ownership. Learn the rules from Quelnan v. People.

Jul 4, 2007administrative-lawwater-districtexclusive-franchisepublic-utilityconstitutionpd-198

Exclusive Franchises and Constitutional Limits: Water District Authority in the Philippines

The Supreme Court ruled Section 47 of PD 198 unconstitutional, striking down exclusive water district franchises as contrary to the Constitution.

Jul 4, 2007compromise judgmentres judicatamootness doctrinevisitorial rightsexecution of judgmentfamily law

Finality Prevails: Mootness Doctrine Limits Judicial Review After Judgment Execution

Philippine Supreme Court ruling on compromise judgments, res judicata, and the mootness doctrine in visitorial rights disputes.

Jul 4, 2007equitable mortgagecontract lawproperty lawcivil codeborrowers rightssale vs mortgage

Equitable Mortgage vs Sale: Protecting Borrowers in Philippine Property Deals

When is a deed of sale actually an equitable mortgage? The Supreme Court explains how borrowers are protected under Philippine law.

Jul 4, 2007labor-lawdue-processterminationnotice-and-hearingnominal-damagesjurisprudence

Due Process in Employment Termination: The Employer's Duty to Give Notice and Hearing

Philippine law requires two written notices before dismissing an employee for just cause. This case explains the rule.

Jul 4, 2007statutory rapecriminal lawhymen integritycredible testimonydeath penaltyra 9346

Father's Betrayal: Upholding Justice in Statutory Rape Cases Despite Hymen Integrity

Supreme Court affirms father's statutory rape conviction despite intact hymen, clarifying that virginity is not an element of rape.

Jul 4, 2007contract reformationloan vs salephilippine civil lawarticle 1359supreme court

Loan or Sale? How Philippine Courts Determine the True Intent of a Contract

A Supreme Court ruling shows that reformation requires proof of mistake, fraud, or accident — and that courts will not rewrite a contract simply because one party regrets it.

Jul 4, 2007forum shoppinghabeas corpuscivil procedurecertification against forum shoppingrules of courtsupreme court

Navigating Forum Shopping: The Consequences of Concealing Related Cases in Habeas Corpus Petitions

The Supreme Court explains why filing a habeas corpus petition while concealing a related certiorari case amounts to forum shopping, with serious consequences.

Jul 4, 2007compromise judgmentcivil procedurevisitorial rightschild custodyres judicata

Compromise Judgments Are Final: Courts Cannot Alter Agreed Terms But Must Ensure Clarity for Enforcement

Philippine Supreme Court ruling on compromise judgments: courts cannot alter agreed terms, but vague provisions invite disputes and enforcement problems.

Jul 4, 2007labor-lawunion-electionsdue-processintra-union-disputesbureau-of-labor-relationslabor-code

Union Elections: Due Process and Membership Rights in Internal Disputes

The Supreme Court rules on due process in union elections, BLR jurisdiction over intra-union disputes, and members' rights.

Jul 3, 2007legal ethicsgrave misconductjudicial employeesadministrative caseocadue process

Court Employee Dismissed for Grave Misconduct: Soliciting Fees Under a Lawyer's Name

A court interpreter's dismissal for soliciting P15,000 under a lawyer's name underscores the judiciary's strict integrity standards.

Jul 3, 2007equitable mortgagepacto de retrocivil codeproperty lawland rightssupreme court

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Land Seizure

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage protections for Filipino landowners.

Jul 3, 2007civil-proceduredefault-judgmentrules-of-courtphilippine-lawlitigation

Default Judgments: Timely Filing Prevents Default Declaration

Learn the rules on default declarations in Philippine civil procedure and why filing an answer before default matters.

Jul 3, 2007corporate liquidationcreditor preferencesec receivershipcivil codepreferred creditorordinary creditor

Corporate Liquidation Claims: When an Investor Becomes an Ordinary Creditor

An investor whose shares were sold without consent by a corporate liquidator becomes an ordinary creditor, not preferred, in SEC liquidation proceedings.

Jul 3, 2007attorney-client privilegelegal ethicsconfidentialitycode of professional responsibilityphilippine jurisprudence

Breach of Confidentiality: When Attorney-Client Privilege Survives Friendship

The Supreme Court held that a lawyer-client relationship arises the moment legal advice is sought, even between friends and without a retainer or formal engagement.

Jul 3, 2007administrative lawgross ignorance of the lawjurisdictiondue processhlurbjudicial ethics

When a Judge Oversteps: Jurisdiction, Due Process, and the Case of Judge Rojas

A judge who issued a TRO against a co-equal agency's final ruling and ignored indispensable parties was suspended for gross ignorance of the law.