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显示第 15889–15912 篇,共 24,858 篇文章

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Nov 17, 2005election-lawresidencydomicilecertificate-of-candidacycomeleclocal-government-code

Domicile Dilemmas: Residency Requirements for Philippine Election Candidates

The Supreme Court explains what "residence" really means for election candidates—and why buying property alone won't establish domicile.

Nov 17, 2005mortgageforeclosureprescriptioncivil-codedebt-recoverysupreme-court

Mortgage Foreclosure and Prescription: The 10-Year Limit on Debt Recovery

Philippine Supreme Court ruling on the 10-year prescription period for mortgage foreclosure actions and strict appeal deadlines.

Nov 16, 2005barangay conciliationlupon jurisdictionreal party in interestlocal government codeproperty disputesupreme court ruling

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Nov 15, 2005civil lawres judicatarevival of judgmentfamily codepartition

Family Feuds and Final Judgments: When Revival Actions Trump Res Judicata

A Supreme Court ruling clarifies when res judicata bars revival of judgments and how family settlement rules apply.

Nov 15, 2005labor-lawsecurity of tenureconfidential employeespagcorloss of trustcivil service

Security of Tenure vs. Loss of Trust: Defining Confidential Employees at PAGCOR

Supreme Court ruling on PAGCOR employees' security of tenure, confidential positions, and loss of trust and confidence as grounds for dismissal.

Nov 15, 2005libeljurisdictionvenuerevised penal codecriminal proceduresupreme court

Libel Jurisdiction: Where Does a Case Belong?

Explaining the Supreme Court ruling on libel jurisdiction, venue rules under the Revised Penal Code, and when amendments to informations are allowed.

Nov 15, 2005forum shoppinglitis pendentiacause of actioncivil procedurereconveyancestare decisis

When Separate Lawsuits Are Not Forum Shopping: The Rule on Splitting a Cause of Action

Philippine Supreme Court clarifies when filing separate cases for different properties is not forum shopping or splitting a cause of action.

Nov 15, 2005forcible entryejectmentpossessionrule 70property lawunlawful detainer

Forcible Entry: Possession by Tolerance vs. Undue Deprivation Through Force

Philippine Supreme Court clarifies that owners cannot use force to evict occupants, even if possession is by tolerance, without filing the proper ejectment case.

Nov 14, 2005unlawful detainerejectmentpossessiontolerancecivil lawproperty rights

Tolerance Ends Unlawful Detainer: Landowner Rights in the Philippines

A Supreme Court ruling clarifies that courts may provisionally pass on a plaintiff's death in ejectment cases, and tolerated possession ends upon demand to vacate.

Nov 11, 2005barangay conciliationluponunlawful detainerlocal government codeejectmentamicable settlement

Barangay Conciliation: Why a Settlement Agreement Cannot Replace the Lupon Requirement

Learn from Berba v. Pablo why a barangay settlement with one party does not excuse mandatory conciliation before filing an ejectment suit.

Nov 11, 2005sheriffsadministrative lawwrit of executiongross neglect of dutyrule 39civil procedure

Sheriffs Neglect of Duty and the Consequences of Delayed Writ Execution in the Philippines

A sheriff's failure to execute a writ with reasonable dispatch is gross neglect of duty, carrying severe administrative penalties.

Nov 11, 2005labor-only contractingemployer-employee relationshiplabor codeillegal dismissalindependent contractor

Labor-Only Contracting in the Philippines: A Landmark Ruling on Employer Liability

When is a contractor merely an agent? Acevedo v. Advanstar clarifies labor-only contracting and who bears liability for workers' claims.

Nov 11, 2005bank negligencedishonored checksfiduciary dutydamagescivil lawdeposit

Bank Negligence and Dishonored Checks: When Is a Bank Liable?

A bank’s failure to credit a deposit can make it liable for damages when checks are dishonored. Lessons from Prudential Bank v. Lim.

Nov 11, 2005illegal recruitmentra 8042migrant workerslabor lawcriminal lawpoea

Employer Liability for Illegal Recruitment Despite Agency Licensing

Philippine Supreme Court rules licensed agency's crewing manager can be liable for large scale illegal recruitment.

Nov 11, 2005ejectmenttenancydarabjurisdictionunlawful detaineragrarian reform

Ejectment vs Tenancy: When Can a Landowner Evict a Tenant From a Building on Agricultural Land

A tenant on agricultural land may still be evicted from a building on it. The Supreme Court explains why in Ramos v. Stateland.

Nov 11, 2005unlawful detaineragrarian disputejurisdictiondarabtenancy defensemtc

When Tenancy Claims Don't Oust MTC Jurisdiction Over Unlawful Detainer

Philippine Supreme Court clarifies that raising tenancy as a defense doesn't automatically strip MTC jurisdiction over unlawful detainer cases involving structures.

Nov 11, 2005torrens-titleadverse-possessionproperty-rightsland-registrationphilippine-law

Torrens Title vs Adverse Possession: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling clarifies how registered land under the Torrens system is protected against adverse possession claims.

Nov 11, 2005administrative-lawjudicial-ethicsjudgesgross-ignorancecode-of-judicial-conductsupreme-court

Gross Ignorance of the Law: When Can a Judge Be Held Liable

Philippine Supreme Court ruling on when judges face administrative liability for judicial errors, gross ignorance, and misconduct.

Nov 11, 2005civil procedureattorney-client relationshipnotice to counselfinality of judgmentnegligence of counsel

When Are Clients Bound by Their Lawyer’s Actions? Philippine Supreme Court Explains

Philippine Supreme Court ruling explains when a client is bound by a lawyer's negligence or refusal to receive court notices.

Nov 11, 2005civil-law

Estate Administration Discretion IN Appointing A Special Administrator VS Heir Preference

Nov 11, 2005agrarian lawtenancyagricultural leaseholddarabproperty law

Tenancy Rights vs Overseer Status: What Philippine Agrarian Law Requires

Philippine Supreme Court clarifies the six requisites of agricultural tenancy and why being an overseer or paid farmhand does not make one a tenant.

Nov 11, 2005labor-lawillegal-dismissallabor-only-contractingemployer-employee-relationshipdue-processphilippine-labor-code

Illegal Dismissal and Labor-Only Contracting: When a Salesman's Driver Is the Company's Employee

Acevedo v. Advanstar explains labor-only contracting, employer-employee relationship, and due process in illegal dismissal cases.

Nov 11, 2005land registrationindefeasibility of titleproperty lawpd 1529civil law

Indefeasibility of Title: Prior Registration Prevails in Land Ownership Disputes

The Supreme Court clarifies that prior registration and indefeasibility of title prevail over claims of ownership based on unregistered possession.

Nov 11, 2005maritime lawmaritime liensjurisdictionship mortgage decreeconflict of laws

Maritime Liens and Foreign Suppliers: Jurisdiction in Vessel Supply Disputes

Philippine courts explain when foreign suppliers can enforce maritime liens on vessels — and why jurisdiction depends on more than location.