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显示第 15073–15096 篇,共 24,858 篇文章

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Aug 9, 2006contract-to-sellmortgage-releasereciprocal-obligationrescissioncivil-codephilippine-law

Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release

Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.

Aug 9, 2006government contractscontractual obligationspenaltiesnational food authoritysupreme courtsubstandard delivery

Substandard Deliveries in Government Contracts: When Penalties Apply

A Supreme Court ruling clarifies when a milling contractor can be held liable for substandard rice deliveries under government contracts.

Aug 9, 2006libelcriminal lawfreedom of expressionrevised penal codejournalismsupreme court

Balancing Free Speech and Reputation: Defining Libel in Philippine Journalism

A look at how the Supreme Court defined the line between press freedom and libel in a landmark 2006 case.

Aug 9, 2006labor-lawmanagement-prerogativepromotioncollective-bargaining-agreementsupreme-courtemployee-rights

Management Prerogative vs Employee Rights: The Limits of Promotion Decisions

When does a supervisor's recommendation bind management? The Supreme Court clarifies the limits of management prerogative in promotion decisions.

Aug 9, 2006certiorarirule 45labor lawnlrcgrave abuse of discretionemployer-employee relationship

Certiorari Limits: When Factual Errors Do Not Justify Supreme Court Intervention

The Supreme Court clarifies that Rule 45 certiorari cannot correct mere factual errors, only grave abuse of discretion.

Aug 9, 2006administrative lawjudicial misconductsheriffsimple misconductpublic accountability

Sheriff's Suspension for Unauthorized Receipt of Funds from Litigant

Court suspends sheriff for receiving P2,500 from a litigant without authority, ruling the act constitutes simple misconduct.

Aug 8, 2006civil-procedurepleadingssignature-requirementdefault-ordersupreme-courtlegal-ethics

The Signature Imperative: Why Unsigned Pleadings Fail in Philippine Courts

Philippine courts require pleadings signed by counsel or party. Learn why an answer signed by an unauthorized person is void and triggers default.

Aug 7, 2006administrative-law

TAX Assessment Deadlines When Failure TO Prove Notice Means NO TAX DUE

Aug 7, 2006torrens titlelachesquieting of titleland disputecivil lawsupreme court

Torrens Title vs. Laches: When Delay Bars a Quieting of Title Claim

Philippine Supreme Court ruling on whether laches can bar a quieting of title action over registered land, and the limits of Torrens title protection.

Aug 7, 2006labor-lawexecutionwritfinalitydolebackwages

Timeliness Matters: Questioning Labor Execution Orders Beyond the Deadline

A Supreme Court ruling on why workers who questioned a labor execution writ beyond the 10-day period lost their claim.

Aug 7, 2006sheriffsadministrative lawpublic servicera 6713misconductjudiciary

Sheriffs Overreach Limits To Public Service And Ethical Conduct In The Philippine Judiciary

A sheriff who prepares demand letters for private parties exceeds his authority and commits misconduct, says the Supreme Court.

Aug 7, 2006intestate successionlachesextrajudicial settlementheirs rightsproperty lawcivil code

Intestate Succession and Laches: Protecting Heirs' Rights to Family Property

Philippine Supreme Court ruling on heirs' rights to inherited property, extrajudicial settlement validity, and when laches cannot bar succession claims.

Aug 7, 2006equitable mortgagepacto de retrocontract lawcivil codeborrowers rights

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers' Rights

When is a sale with right to repurchase actually an equitable mortgage? The Supreme Court explains the legal presumption protecting borrowers.

Aug 7, 2006eminent domainlocal governmentordinanceexpropriationproperty lawlocal government code

Eminent Domain by LGUs: Why an Ordinance Is Required, Not Just a Resolution

Philippine Supreme Court rules a mere resolution cannot authorize a local government's expropriation; an ordinance is required under the Local Government Code.

Aug 7, 2006construction lawciacarbitrationjurisdictioncontract breachphilippine law

Breach of Construction Contract: Who Has Jurisdiction Over Disputes

Learn when the CIAC has exclusive jurisdiction over construction contract disputes and why courts must defer to arbitration clauses.

Aug 6, 2006contempt of courtadministrative lawombudsmancivil serviceexecutive action

Contempt of Court and Administrative Dismissals: Balancing Executive Action and Judicial Process

When can a government official be cited for contempt for implementing an administrative dismissal pending appeal? The Supreme Court explains the limits.

Aug 4, 2006corporate lawboard resolutioncivil procedureverificationcorporation code

Board Resolution Required for Corporate Legal Representation: United Paragon Mining v. CA

Corporate officers cannot file suits or sign verifications for a corporation without a board resolution authorizing them, as United Paragon Mining v. CA shows.

Aug 4, 2006judicial accountabilityadministrative lawgood faithjudgessupreme courtphilippine law

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Aug 4, 2006dual citizenshipabsentee votingright of suffragera 9225ra 9189comelec

Dual Citizens' Right to Vote: Residency and Absentee Voting Reconciled

The Supreme Court ruled that dual citizens under RA 9225 may vote as absentee voters under RA 9189, reconciling constitutional residency with overseas voting.

Aug 4, 2006administrative lawjudicial ethicsrules of courtevidencejudges

Dismissal of Administrative Complaints: Insufficient Evidence and Judicial Remedies

Learn when administrative complaints against judges and court personnel fail for lack of evidence and why judicial remedies come first.

Aug 4, 2006criminal-procedurearraignmentgrave-abuse-of-discretionmotion-to-deferrules-of-court

Motion to Defer Arraignment Denied: Understanding Grave Abuse of Discretion in Philippine Courts

When can a judge's refusal to postpone arraignment amount to grave abuse of discretion? The Supreme Court explains the limits of judicial discretion.

Aug 3, 2006sheriffsadministrative caseexecution of judgmentdishonestyconduct prejudicial to service

Sheriff's Misappropriation of Funds and Delay in Execution Leads to Suspension

A sheriff's failure to execute writs promptly and his questionable use of litigation funds resulted in a six-month suspension for conduct prejudicial to the best interest of the service.

Aug 3, 2006forum shoppingcivil proceduremoot and academicphilippine supreme courtlitigation

Huibonhoa v. Concepcion: Forum Shopping and Moot Petitions in Philippine Litigation

The Supreme Court denied a petition as moot and academic but clarified the test for forum shopping in the 2006 case of Huibonhoa v. Concepcion.

Aug 3, 2006real-estate-lawrescissionbreach-of-contractcontract-to-sellsupreme-court

Breach of Contract Upholding Rescission Rights in Land Sales

When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.