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显示第 15145–15168 篇,共 24,858 篇文章

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Jul 27, 2006foreshorepublic domainland ownershipphilippine lawproperty rights

Foreshore Rights in the Philippines: When Private Land Meets Public Domain

Philippine foreshore areas are public domain, but private rights can exist. Learn the rules from a Supreme Court ruling.

Jul 27, 2006disbarmentlegal ethicsintegrated bar of the philippinescode of professional responsibilitysupreme court

Upholding Ethical Standards: Disbarment Case Dismissed for Lack of Clear Evidence

Philippine Supreme Court affirms dismissal of disbarment case against Atty. Teodorico Diesmos, emphasizing the need for clear and convincing evidence in disciplinary proceedings.

Jul 25, 2006extrinsic fraudindispensable partyannulment of judgmentrule 47due processnegotiable instruments law

Extrinsic Fraud and Indispensable Parties: Protecting Due Process in Civil Actions

When a suit excludes an indispensable party, the judgment may be void. Learn the Rule 47 remedy of annulment for extrinsic fraud.

Jul 25, 2006legal-ethicsjudicial-discretionadministrative-complaintjudgesrules-of-court

Judicial Discretion vs Abuse: Understanding the Limits of Administrative Complaints Against Judges in the Phil

When can a judge's error become an administrative offense? The Supreme Court clarifies the line between judicial discretion and abuse.

Jul 25, 2006election-lawballot-appreciationcomelecvoter-intentphilippine-electionsomnibus-election-code

Ballot Appreciation Rules and Voter Intent in Philippine Election Contests

How Philippine courts read ballots to honor voter intent, from idem sonans to marked ballots, explained through a barangay election dispute.

Jul 25, 2006legal ethicsdisbarmentibpclient fundsadministrative lawprofessional responsibility

IBP Governance and Lawyer Discipline: Suspension for Misuse of Client Funds

Supreme Court suspends IBP president for misusing client funds, clarifies res judicata in disbarment cases, and affirms IBP removal powers.

Jul 25, 2006lachesindigenous land rightscivil lawproperty lawsupreme courtestoppel

Laches and Indigenous Land Rights: When Delaying a Claim Can Cost You Everything

A Supreme Court ruling shows that laches can bar recovery of ancestral land, even when a sale lacked required government approval.

Jul 25, 2006election-lawcomelecelection-protestballot-appreciationquorumjurisprudence

Electoral Quorum Rules and Grounds for Challenging Election Results

Philippine Supreme Court ruling on COMELEC quorum requirements, ballot appreciation rules, and grounds for challenging election results explained.

Jul 25, 2006legal ethicsclient fundsdisbarmentcode of professional responsibilityattorney disciplinetrust accounts

Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court

Lawyer suspended two years for withdrawing P255,000 in client rentals without accounting, violating the Code of Professional Responsibility.

Jul 25, 2006labor-lawillegal-dismissalreinstatementbackwagesemployee-rightspagcor

Illegal Dismissal in the Philippines: Reinstatement and Backwages Explained

Understand the rights of illegally dismissed employees in the Philippines—reinstatement, full backwages, and other benefits under Article 279 of the Labor Code.

Jul 24, 2006common carrierbreach of contractnegligencecivil lawpassenger safety

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Jul 24, 2006election lawballot appreciationneighborhood rulevoter intentcomelecjurisprudence

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

Jul 24, 2006gross immoralityjudicial disciplinecode of professional responsibility and accountabilityjudgesdisbarmentadministrative law

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 had an extramarital affair and fathered a child, and suspended him from law practice for three years.

Jul 21, 2006vatpezatax incentiveszero-ratingtax refundexport sales

VAT Zero-Rating for PEZA-Registered Enterprises: Tax Incentive Choices Clarified

PEZA firms choosing income tax holiday over 5% gross income tax remain VAT-registered and may claim zero-rated refunds on export sales.

Jul 21, 2006notarial practicelegal ethicscode of professional responsibilityadministrative lawsupreme courtlawyer discipline

Notarial Misconduct and the Duty of Candor: Lessons from Mondejar v. Rubia

A lawyer-notary's false notarization and lack of candor lead to suspension, underscoring the sacred duties of the notarial office.

Jul 21, 2006civil-lawcohabitationproperty-rightsfamily-codephilippines

Unmarried Cohabitation and Property Rights in the Philippines: A Comprehensive Guide

Learn how Philippine law treats property acquired during unmarried cohabitation, including co-ownership rules, judicial separation, and practical legal tips.

Jul 21, 2006election lawappointment powerconstitutionccpquo warranto

Motion for Reconsideration and Election Protests: The CCP Board Case

The Supreme Court ruled on the constitutionality of filling vacancies in the CCP Board and the limits of the President's appointing power.

Jul 21, 2006preliminary injunctionbank depositsdepositor rightscivil procedurestatus quogotesco v. reyes

Preliminary Injunctions and Bank Deposits: Protecting Depositors' Rights

The Supreme Court clarifies that preliminary injunctions preserve the status quo and cannot be used to transfer bank deposits before trial.

Jul 21, 2006employee compensationsocial security systempd 626occupational diseaselabor law

Proving Causation in Delayed Illness Claims: Philippine Employee Compensation Law

Learn how Philippine courts decide employee compensation claims when illness or death occurs years after employment ends, and what proof is required.

Jul 21, 2006notarial practiceadministrative lawcode of professional responsibilitylawyer disciplinefalsification

Upholding Ethical Standards: Notarial Misconduct and Falsification of Documents

A lawyer-notary's antedated document and false acknowledgment lead to suspension, underscoring the sacred duty of notaries public.

Jul 21, 2006prescriptionrenunciation agreementcivil lawproperty registrationspecific performance

When Does Prescription Start for a Renunciation Agreement? Caoibes v. Caoibes-Pantoja

Learn when the prescriptive period runs for enforcing a renunciation agreement, based on the Supreme Court's ruling in Caoibes v. Caoibes-Pantoja.

Jul 21, 2006criminal-lawhomicidealibiself-defensephilippine-jurisprudence

Self-Defense vs. Alibi: How Philippine Courts Weigh Homicide Defenses

A Supreme Court ruling in a 1994 Occidental Mindoro fiesta killing shows why alibi is the weakest defense and why witness credibility often decides homicide cases.

Jul 21, 2006behest loansombudsmananti-graftra 3019pcgggovernment assets

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.

Jul 21, 2006fiscal autonomyconstitutional commissionschrseparation of powersphilippine law

Philippine CHR Fiscal Autonomy: Why Budget Independence Doesnt Mean Unchecked Power

The Supreme Court clarifies that fiscal autonomy for constitutional bodies like the CHR does not grant unlimited, unchecked power over public funds.