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显示第 14857–14880 篇,共 24,858 篇文章

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Sep 27, 2006reversionfree patentregalian doctrinepublic landland classification

When the Government Must Prove Its Case: Reversion, Free Patents, and the Regalian Doctrine

A Supreme Court ruling on when the government can cancel a free patent and revert land to the public domain.

Sep 27, 2006commercial-law

Gross Receipts TAX THE Inclusion OF Final Withholding TAX IN Banks Taxable Income

Sep 27, 2006agrarian lawtenancyforcible entryjurisdictiondarabphilippine supreme court

Tenancy Claims and Forcible Entry: How Philippine Courts Resolve Jurisdictional Conflicts in Agrarian Disputes

When a tenant is sued for forcible entry, which tribunal has jurisdiction? The Supreme Court clarifies the interplay between agrarian and civil courts.

Sep 27, 2006administrative lawdisbarmentlawyer disciplinegross misconductcode of professional responsibility

Lawyer Misconduct Outside Professional Duties: When Private Acts Lead to Suspension

Philippine Supreme Court clarifies when a lawyer's private misconduct, like road rage and firing a gun, warrants suspension from the practice of law.

Sep 27, 2006breach of contractmoral damagesbad faithsales agreementcivil lawdamages

Breach of Contract and Bad Faith: When Moral Damages Are Not Automatic in Sales Agreements

Philippine Supreme Court clarifies that mere breach of contract does not justify moral damages absent proof of bad faith or fraud.

Sep 27, 2006forcible entryagrarian reformtenancyjurisdictionstatus quocivil procedure

Injunctive Relief and Status Quo in Foreclosure Disputes: The Dela Cruz Case

Philippine Supreme Court ruling on how pending agrarian tenancy cases affect forcible entry jurisdiction and the principle of status quo.

Sep 27, 2006labor-lawillegal-dismissalabsenteeismemployer-prerogativesecurity-of-tenuresupreme-court

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Sep 27, 2006administrative-lawgovernment-contractsprocurementpresidential-approvalexecutive-powerphilippine-law

Presidential Approval and Contract Validity: Limits of Executive Power in Philippine Procurement

Philippine Supreme Court clarifies when presidential approval is required for government contracts and the limits of executive discretion in procurement.

Sep 27, 2006land titlesfraudequitynullificationproperty lawphilippine supreme court

Upholding Equity When Fraud Nullifies Land Titles Obtained Through Deceit

Philippine Supreme Court ruling on when fraudulent acquisition of land titles can be nullified and how equity protects rightful owners.

Sep 27, 2006buy-bust operationillegal drugsentrapmentphilippine criminal lawconstitutional rights

Buy-Bust Operations in Drug Cases: Legality and Constitutional Rights Under Philippine Law

The Supreme Court in People v. Sy upheld the legality of buy-bust operations while stressing that courts must closely scrutinize how such operations are carried out.

Sep 27, 2006criminal-law

Loss OF Remedies When Failure TO Appear IN Court Costs YOU More Than Just A DAY

Sep 27, 2006gross receipts taxfinal withholding taxbankingpassive incomebirtax law

Gross Receipts Tax: Final Withholding Tax Included in Bank's Tax Base

Supreme Court rules 20% final withholding tax on bank passive income forms part of gross receipts for computing 5% gross receipts tax.

Sep 27, 2006qualified rapewitness credibilitystatutory rapefamily violencecriminal lawsupreme court

Witness Credibility in Qualified Rape Cases: Lessons from People v. Gloria

How Philippine courts weigh a child victim's testimony in qualified rape cases, and why credibility often decides the outcome.

Sep 27, 2006labor-lawillegal-dismissalforced-resignationquitclaimseparation-payphilippine-jurisprudence

Forced Resignation vs Voluntary Retirement: Protecting Employee Rights in Dismissal Cases

The Supreme Court ruled that a worker who signed a retirement notice and quitclaim under company pressure was illegally dismissed, not voluntarily retired.

Sep 27, 2006substantial complianceappellate procedurerule 65labor lawcertiorariprocedural rules

Substantial Compliance in Appellate Procedure: Balancing Technical Rules and Justice

The Supreme Court relaxes technical rules in labor cases, allowing substantial compliance with Rule 65 and Rule 13 requirements.

Sep 27, 2006self-defensetreacherymurdercriminal lawrevised penal codephilippine supreme court

Self-Defense vs Treachery: When Killing Is Murder in the Philippines

Philippine Supreme Court explains when self-defense fails and treachery qualifies killing as murder. Learn the legal rules.

Sep 27, 2006property-lawreversionfree-patentregalian-doctrineland-titlespublic-domain

Upholding Land Titles When Government Reversion Claims Fail

When can the government cancel a free patent and revert land to the public domain? The Supreme Court explains the limits of reversion actions.

Sep 27, 2006criminal-lawrapereasonable-doubtproximate-causevictim-testimonyalibi

Reasonable Doubt in Rape Cases: Proximate Cause and the Weight of Victim Testimony

Explore how Philippine courts assess reasonable doubt in rape cases, focusing on victim credibility, alibi, and the rule on proximate cause.

Sep 27, 2006negligencebreach of contractdamagessurveyor liabilitycivil codeculpa contractual

Surveyor Negligence and Contractual Breach: When Professionals Are Liable for Damages

A surveyor's negligent placement of boundary monuments led to a fence encroaching on a right of way. The Court explains liability for breach of contract.

Sep 27, 2006carpagrarian reformtenancyforcible entryjurisdictiondarab

CARP Coverage and Tenancy: Resolving Land Disputes Amidst Conflicting Claims and Vested Rights

Philippine Supreme Court ruling on how pending DARAB tenancy cases affect forcible entry jurisdiction and CARP coverage.

Sep 27, 2006criminal lawdangerous drugsshabumarijuanara 6425search warrant

Separate Crimes for Separate Drugs: Possessing Shabu and Marijuana Under Philippine Law

Philippine Supreme Court ruling: possessing shabu and marijuana at the same time and place constitutes two separate crimes, requiring two separate Informations.

Sep 27, 2006reversionregalian doctrinepublic landfree patentland classification

Reversion Suits: When the State Must Prove Forest Land Claims

The Supreme Court clarifies the State's burden in reversion cases, protecting vested rights over land titles issued before forest classification.

Sep 27, 2006civil procedurenew trialcounsel negligencedue processrules of courtphilippine supreme court

Counsel's Negligence and Due Process: When Does It Warrant a New Trial

The Supreme Court explains when a lawyer's negligence justifies a new trial and when it does not, in Elpidio S. Uy v. First Metro Integrated Steel Corp.

Sep 27, 2006property-lawhearsay-evidencetorrens-titleland-disputesrules-of-courtsupreme-court

Breaking Down Land Ownership Disputes When Hearsay Clouds Real Estate Claims

A Supreme Court ruling explains why hearsay evidence fails in property disputes, and how Torrens titles protect registered owners.