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显示第 15001–15024 篇,共 24,858 篇文章

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Aug 29, 2006maritime-lawseafarersquitclaimdisability-benefitsprescriptionlabor-code

When a Seafarer's Quitclaim and Delay Bar Disability Claims: The Famanila Case

The Supreme Court explains when a seafarer's quitclaim is valid and how prescription periods bar late disability claims.

Aug 29, 2006family-lawchild-custodyhabeas-corpusparental-authoritytender-years-rule

Custody Rights and Habeas Corpus in Philippine Child Custody Disputes

The Supreme Court clarifies when habeas corpus is proper in custody disputes and how the tender-years rule applies.

Aug 29, 2006constitutional-lawland-ownershipaliensfamily-codereimbursementpublic-policy

Aliens Cannot Recover Funds for Land Bought in a Filipino's Name

Supreme Court rules an alien who bought Philippine land in a Filipino spouse's name cannot claim reimbursement, upholding the constitutional ban on foreign land ownership.

Aug 29, 2006labor lawillegal dismissaldishonestybreach of trustdue processtermination

Dishonesty and Due Process: When Breach of Trust Justifies Termination

Supreme Court affirms dismissal of sales clerk for unauthorized scrap metal sale, clarifying just cause and due process in Philippine labor law.

Aug 29, 2006property-lawconstitutional-lawalien-land-ownershipfamily-codesupreme-court

Alien Land Ownership Prohibition: Constitutional Limits and Equity Claims

Philippine constitutional law bars aliens from owning land, even through trust or reimbursement claims. Learn from Muller v. Muller.

Aug 29, 2006contract-lawbreach-of-contractdamagessupreme-courtgovernment-contractsbidding

Breach of Contract When Fault Is Shared: Losses Lie Where They Fall

Philippine Supreme Court ruling on shared fault in contract breach—losses stay with the party that suffers them. Learn the rules.

Aug 29, 2006repatriationcitizenshipra 8171immigrationsupreme courtnatural-born filipino

Repatriation and Citizenship: Strict Requirements for Reacquiring Filipino Citizenship

Philippine Supreme Court clarifies strict requirements for repatriation under RA 8171, including political or economic necessity and proper procedure.

Aug 29, 2006criminal lawwitness credibilityattempted murderreasonable doubtacquittal

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.

Aug 28, 2006taxationminimum corporate income taxmcitbankingtax refundsupreme court

MCIT Grace Period for Reopened Banks: The Manila Banking Corporation Ruling

Supreme Court clarifies when a bank that reopens after receivership starts its four-year MCIT grace period under the Tax Code.

Aug 28, 2006attorney's feesestate proceedingsmandamusprobate courtwrit of execution

Attorney's Fees in Estate Proceedings: Mandamus Not a Remedy When Fees Are Redetermined

When a probate court redetermines attorney's fees, a prior writ of execution is superseded, and mandamus cannot compel its enforcement.

Aug 28, 2006self-representationrules of courtjudicial ethicscivil proceduresupreme court ruling

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

Aug 28, 2006speedy trialprosecutorial delaycriminal procedurerights of accusedphilippine law

Speedy Trial Rights Dismissal OF Criminal Charges DUE TO Prosecutorial Delay

Explore how prosecutorial delay impacts speedy trial rights and when criminal charges may be dismissed in the Philippines.

Aug 28, 2006res judicatacivil procedurefinal judgmentphilippine lawsupreme courtlitigation

Res Judicata: How a Final Judgment Prevents Relitigation of the Same Issue

Learn how res judicata bars relitigation of settled issues, using a Philippine Supreme Court case on a disputed deed of donation.

Aug 28, 2006administrative lawneaelectric cooperativesdelegation of authoritypd 269government corporations

When Can NEA Administrators Suspend or Remove Electric Cooperative Officers

Supreme Court clarifies when NEA administrators may validly suspend or remove electric cooperative officers under PD 269.

Aug 28, 2006tax-lawminimum-corporate-income-taxthrift-banksbirsupreme-court

Restarting the Clock: Minimum Corporate Income Tax and the Revival of Thrift Banks

When a closed bank reopens as a thrift bank, when does its MCIT grace period begin? The Supreme Court settles the rule.

Aug 28, 2006judicial ethicsvenuecivil procedureloan agreementssupreme courtadministrative law

When Public Duty and Private Conduct Collide: A Judge’s Venue Ruling Upheld

The Supreme Court affirms a judge’s dismissal of a case for improper venue, clarifying exclusive venue stipulations in loan contracts.

Aug 28, 2006tenancyagrarian reformjurisdictiondarabagricultural landproperty law

Tenancy vs Ownership: When Claiming the Land Defeats Tenant Status

Supreme Court clarifies when a person cannot claim both tenancy and ownership over agricultural land, and which court has jurisdiction.

Aug 28, 2006contract-lawvenuecivil-proceduresupreme-courtlitigation

Exclusive Venue Stipulations: When "Exclusively" Means What It Says

Philippine Supreme Court clarifies when a contractual venue stipulation is truly exclusive and binding on the parties.

Aug 28, 2006legal ethicsnotary publicbigamyadministrative caseattorney disciplinecode of professional responsibility

Bigamy and Expired Notarial Commission: When a Lawyer’s Private Life Triggers Discipline

A lawyer’s bigamous second marriage and notarizing without a commission led to a four-year suspension. Here’s what the Court ruled.

Aug 26, 2006administrative lawgross discourtesyjudicial employeescode of conductcivil serviceworkplace decorum

Upholding Decorum: Judicial Employees' Duty to Maintain Respect and Civility in the Workplace

Court employees must maintain civility and respect at all times. Gross discourtesy warrants suspension under Civil Service rules.

Aug 23, 2006falsification of documentspublic officersgood faithdpwhsandiganbayanpublic works

Accountability in Public Works: Good Faith and Falsification of Documents by Public Officials

Supreme Court acquits three DPWH officials charged with falsifying road project completion reports, stressing good faith and lack of personal participation.

Aug 23, 2006attorney's feeslegal ethicsquantum meruitcode of professional responsibilitysupreme court

Unconscionable Greed: Attorney's Fees Must Be Reasonable and Just

Philippine Supreme Court nullifies P50M attorney's fee claim, ruling lawyers' compensation must be reasonable, not driven by greed.

Aug 22, 2006tax lawset-offtax refunddocumentary stamp taxcompromise agreementbir

Tax Refund vs Deficiency: The Rules on Set-Off in Philippine Tax Law

Philippine Supreme Court clarifies when tax refunds can be set off against tax deficiencies, and the limits of compromise agreements in tax settlements.

Aug 22, 2006judicial inhibitionvenue transfercase reassignmentregional trial courtcivil procedure

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.