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显示第 15865–15888 篇,共 24,858 篇文章

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Nov 22, 2005civil lawprescriptionco-ownershippartitioninheritanceproperty law

Prescription Prevails: Acquiring Ownership Despite Shared Inheritance

When a co-heir openly claims inherited land as their own for decades, prescription can defeat the right to partition.

Nov 22, 2005maritime lawseafarer rightspoea contractprescription of claimslabor codedisability benefits

Prescription of Claims in Maritime Employment: Time Limits and Legal Recourse

When POEA contracts expire, seafarers may fall under Labor Code rules. Learn how Delos Santos v. Jebsen Maritime clarifies rights.

Nov 22, 2005labor-lawterminationinsubordinationloss-of-trustmanagement-prerogativedue-process

Defiance and Dismissal: Upholding Employers' Right to Terminate for Insubordination and Loss of Trust

Supreme Court affirms dismissal of sales supervisor for willful disobedience and loss of trust, clarifying employer rights under Article 282.

Nov 22, 2005agrarian reformdarabjurisdictioncloacivil proceduresupreme court

Agrarian Reform and Jurisdictional Boundaries: Clarifying DARAB's Role in CLOA Disputes

Philippine Supreme Court clarifies DARAB jurisdiction in CLOA disputes, distinguishing agrarian disputes from administrative implementation of agrarian reform laws.

Nov 22, 2005trust receiptschattel mortgageownership disputespd 115commercial lawbanking law

Trust Receipts vs Mortgage: Who Owns the Goods in Philippine Law?

Philippine Supreme Court ruling on trust receipts versus chattel mortgages, ownership disputes, and the rights of entrustors over mortgaged goods.

Nov 22, 2005easementright-of-waycivil-lawland-registrationproperty-lawtorrens-title

Easement Rights Prevail: Right of Way Protection Despite Title Deficiencies in Philippine Law

Philippine Supreme Court ruling on easement of right-of-way, actual knowledge, and protection despite unregistered title annotations.

Nov 21, 2005oral contractsloan agreementscivil codecontract lawsupreme court rulingenforceability

Oral Loan Agreements in the Philippines: When a Verbal Promise Is Legally Binding

Oral loan agreements can be enforceable in the Philippines. Learn the rules, evidence needed, and key Supreme Court ruling on verbal contracts.

Nov 21, 2005rapeintimidationrevised-penal-codecriminal-lawsupreme-courtreclusion-perpetua

Rape and Intimidation: How Threats Establish Guilt and Determine Penalty

The Supreme Court affirms a rape conviction, explaining how threats of posting nude photos constitute intimidation and warrant reclusion perpetua.

Nov 21, 2005temporary restraining orderadministrative casejudicial immunitygross ignorance of lawrule 58

When Judges Are Sued for Issuing TROs: The Limits of Administrative Liability

The Supreme Court clarifies when judicial errors in issuing TROs are administrative offenses or mere judicial discretion.

Nov 18, 2005double jeopardycivil procedurepetition for reviewcourt of appealsrule 42

Double Jeopardy When A Prior Admission Seals Your Fate IN Court

A procedural misstep in filing a petition for review can end a case, but the Supreme Court shows when courts must be lenient.

Nov 18, 2005civil-procedureadministrative-caseprocess-serverneglect-of-dutyinsubordinationjudiciary

Untangling Procedural Technicalities: The Importance of Timely and Proper Motions in Appealing Court Decisions

A process server's neglect of duty and insubordination lead to suspension, highlighting accountability in the judiciary.

Nov 18, 2005trust receiptscorporate liabilitypersonal guaranteecommercial lawpresidential decree 115bank liability

Trust Receipts and Personal Guarantees: When Corporate Officers Are Personally Liable

Corporate officers who sign trust receipts may face personal liability. The Supreme Court clarifies when a signature creates a guarantee.

Nov 18, 2005administrative lawneglect of dutyinsubordinationprocess servercivil servicejudicial ethics

Court Personnel Accountability: Neglect of Duty and Insubordination by Process Servers

Philippine Supreme Court ruling on process server negligence, insubordination, and the high standard of conduct required of court personnel.

Nov 18, 2005civil-proceduremotion-for-reconsiderationadministrative-caseprocess-serversupreme-courtphilippine-law

Certiorari Dismissal: Why Timely Motions for Reconsideration Are Crucial

Learn how a timely motion for reconsideration revived an administrative case and why this procedural step can be decisive in Philippine courts.

Nov 18, 2005administrative lawneglect of dutyinsubordinationjudiciarycivil serviceprocess server

Neglect of Duty and Insubordination in the Judiciary: A Lesson from a Process Server's Suspension

When a court process server repeatedly fails to serve summonses and disobeys orders, the Supreme Court steps in to uphold accountability.

Nov 18, 2005criminal-law

Bouncing Checks AND Judicial Discretion Balancing Fines AND Imprisonment

Nov 18, 2005criminal-law

Delayed Budget Undue Injury Ombudsmans Discretion IN Graft Cases

Nov 17, 2005probationary employmentemployer prerogativeregularizationlabor lawillegal dismissalpre-employment requirements

Probationary Employment and Employer Prerogative: When Clearance Requirements Justify Non-Regularization

Philippine Supreme Court ruling on probationary employment, employer prerogative, and reasonable pre-employment requirements for regularization.

Nov 17, 2005administrative lawcertiorariforum shoppingrules of proceduresupreme court

When Courts Can Halt Administrative Rulings: The Rule on Certiorari and Forum Shopping

Learn when Philippine courts can set aside administrative rulings, and why strict compliance with forum shopping rules may be relaxed.

Nov 17, 2005preliminary investigationcriminal procedureprosecutor discretionacts of lasciviousnessrule 112

When the Prosecutor Files a Different Offense Than the Police: What the Supreme Court Says

The Supreme Court explains why a prosecutor may charge a different offense than what police initially identified—and why no second preliminary investigation is needed.

Nov 17, 2005criminal-lawpreliminary-investigationacts-of-lasciviousnessdue-processrule-112

Acts of Lasciviousness Preliminary Investigation Sufficiency and Due Process Rights

Supreme Court clarifies when a preliminary investigation for one offense can support a different charge, and what due process requires.

Nov 17, 2005government contractsprice escalationcommission on auditadministrative lawcontract lawrenegotiation

Price Escalation Clauses in Government Contracts: When Renegotiation Timing Matters

Supreme Court ruling on Creser Precision Systems clarifies how often price escalation can take effect under Philippine government contracts.

Nov 17, 2005agricultural leaseholdagrarian reformtenant rightsra 3844ra 6657security of tenure

Agricultural Leasehold Tenants Rights vs Landowners Share Under Agrarian Reform

Supreme Court ruling on lawful lease rentals, tenant security of tenure, and limits on landowner shares under RA 3844 and RA 6657.

Nov 17, 2005civil-procedureforum-shoppingsubstantial-compliancecorporation-codecertification-against-forum-shopping

Substantial Compliance and Ratification in Corporate Litigation: China Banking Corp v. Mondragon

SC rules on substantial compliance with forum shopping certification and ratification of signatory authority in corporate litigation.