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显示第 15025–15048 篇,共 24,858 篇文章

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Aug 22, 2006legal ethicsdisbarmentsupreme courtprofessional responsibilityevidence

Safeguarding Attorney Integrity: The Imperative of Clear Evidence in Disbarment Cases

Disbarment requires clear, convincing evidence. This article explains the standard of proof and due process in lawyer discipline cases.

Aug 22, 2006labor-lawemployees-compensationgsisdeath-benefitspd-626work-relatedness

Work Relatedness and Death Benefits: Proving Causal Links in Compensation Claims

Philippine Supreme Court clarifies when illnesses like breast cancer qualify for death benefits under PD 626, requiring proof of work-related risk.

Aug 22, 2006labor-lawemployees-compensationgsispd-626occupational-diseasesupreme-court

GSIS v. Villamayor: When Illness Is Not Work-Related, No Death Benefits

Supreme Court denies GSIS death benefits for breast cancer death, ruling claimants must prove work connection, not just illness.

Aug 22, 2006corporate lawcorporation codeagencyratificationmortgagecivil law

Corporate Authority and Debt: When a Corporation Is Not Liable for Its President’s Loan

A corporation is not liable for a president’s personal loan unless authorized or ratified. Learn the rules from a 2006 Supreme Court case.

Aug 22, 2006civil procedureappeal deadlinesrelief from judgmentrule 45rule 65lawyer negligence

Untangling Appeal Deadlines: Why Missing a Memorandum Matters

A missed appeal deadline due to lawyer negligence can be fatal. Learn the rules on relief from judgment in Philippine civil procedure.

Aug 22, 2006property-lawpartitionestate-settlementinheritancerule-69civil-procedure

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Aug 21, 2006land titlingreconstitution of titleproperty lawjudicial ethicssupreme court ruling

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Aug 21, 2006administrative lawgross immoralityjudicial disciplinecode of professional responsibilitysupreme court

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Warrant Removal from the Bench

The Supreme Court dismissed a judge for gross immorality after he admitted to an extramarital affair and fathering a child, while suspending him from law practice for three years.

Aug 18, 2006attorney-client privilegelegal ethicssandiganbayanpcggmarcos ill-gotten wealthevidence

Attorney-Client Privilege vs Disclosure Mandates in Marcos-Era Asset Recovery

Supreme Court clarifies when attorney-client privilege yields to disclosure mandates in recovering Marcos-era ill-gotten wealth.

Aug 18, 2006right of first refusalproperty lawlegal redemptionco-ownershipcivil code

Right of First Refusal in Property Sales: Understanding Legal Obligations

Learn how Philippine courts treat right of first refusal in property sales, including the rules on offers, counter-offers, and legal redemption.

Aug 18, 2006construction-lawarbitrationciacjurisdictionjudicial-injunctionsupreme-court

Upholding Arbitral Jurisdiction: The Supreme Court's Stance on Construction Disputes and Judicial Injunctions

The Supreme Court clarifies that CIAC has exclusive jurisdiction over construction disputes, and courts must defer to arbitration proceedings.

Aug 18, 2006criminal-lawanti-graftprobable-causesandiganbayanpublic-officersgovernment-transactions

Official Duty vs Criminal Liability: Defining Boundaries in Government Transactions

The Supreme Court clarifies when public officials face criminal liability for anomalous government transactions despite claims of mere ministerial duty.

Aug 18, 2006arbitrationcontract-lawalternative-dispute-resolutionsupreme-courtphilippine-law

Mandatory Arbitration Prevails: Contractual Disputes Must Go to Arbitration First

Philippine Supreme Court ruling: when a contract has a mandatory arbitration clause, parties must arbitrate before going to court.

Aug 18, 2006criminal-lawreckless-imprudencecivil-liabilityplea-bargainingdamagesrevised-penal-code

Reckless Imprudence and Civil Liability: How a Plea Bargain Affects Damages Beyond the Criminal Penalty

A plea to a lesser offense does not erase civil liability for the death caused by reckless imprudence, as heirs may still recover full damages.

Aug 18, 2006labor lawjurisdictionexecutioncourt of appealsillegal dismissal

Court Division Jurisdiction Over Execution of Final Labor Decisions

Supreme Court nullifies CA ruling on labor award computation, holding only the division that decided the case may resolve execution disputes.

Aug 18, 2006juvenile justicesuspended sentencera 9344pd 603criminal lawsupreme court

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.

Aug 17, 2006warranty against evictioncivil lawsalesthird-party complaintphilippine supreme court

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

Aug 17, 2006property-lawwarranty-against-evictionspecific-performanceland-titlescivil-codethird-party-complaint

Beyond Boundaries: How Erroneous Land Awards Undermine Property Rights and Due Process

When a buyer is evicted from purchased land, the proper remedy is warranty against eviction—not specific performance. This case explains why.

Aug 17, 2006corporation codequorumnonstock corporationscorporate lawsupreme courtphilippines

Quorum in Nonstock Corporations: Counting Only Living Voting Members

Supreme Court ruling on quorum in nonstock corporations—dead members excluded, only living voting members count.

Aug 17, 2006probable causepreliminary investigationcriminal proceduredepartment of justicepharmaceutical regulation

When Courts Won't Overrule Prosecutors on Probable Cause: GlaxoSmithKline v. Malik

Philippine Supreme Court explains why courts defer to prosecutors on probable cause, using a dismissed drug case as an example.

Aug 17, 2006securities regulation codeintra-corporate disputessec jurisdictionwrit of executioncorporate law

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

Aug 17, 2006habeas corpusillegal detentionconstitutional lawphilippine supreme courtpnpmissing persons

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

Aug 17, 2006criminal-law

Probable Cause VS Parallel Importation Navigating Prosecutorial Discretion IN Pharmaceutical Cases

Aug 16, 2006franchise taxvalue-added taxtax refundbirtelecommunicationssupreme court

Franchise Tax Obligations During Suspended VAT Implementation

When the Supreme Court suspends a tax law's implementation, old tax rules continue to apply. This case explains why.