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显示第 16081–16104 篇,共 24,858 篇文章

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Sep 22, 2005land registrationdecree of registrationevidencecadastral casetorrens title

Proof of Decree Absence of Evidence Dooms Land Title Petition

In Republic v. Masongsong, the Supreme Court ruled that a petition to replace a lost land decree fails without proof the decree ever existed.

Sep 21, 2005civil procedurecourt of tax appealsdue processevidenceprocedural rules

When Courts Must Relax Procedural Rules to Prevent Injustice

The Supreme Court reminds courts that procedural rules serve justice, not frustrate it, in a tax case where a taxpayer was barred from presenting evidence.

Sep 21, 2005civil-procedurecourt-of-tax-appealssubstantial-justicewaiver-of-right-to-present-evidenceprocedural-rules

Balancing Procedural Rules and Substantial Justice: The MRT v. CTA Case

The Supreme Court reminds courts that procedural rules must yield to substantial justice when a litigant is denied a fair chance to present evidence.

Sep 21, 2005psychological incapacityfamily codemarriage nullityarticle 36annulmentsupreme court

Psychological Incapacity: Abandonment and Infidelity Alone Insufficient for Marriage Nullity

The Supreme Court clarifies that abandonment, infidelity, and even bigamy do not automatically prove psychological incapacity under Article 36 of the Family Code.

Sep 21, 2005civil procedurecourt of tax appealsdue processright to present evidenceprocedural rulessupreme court

When Courts Must Relax Procedural Rules: The MRT Tax Case and the Right to Present Evidence

The Supreme Court ruled that courts must liberally apply procedural rules to give litigants every opportunity to present their case on the merits.

Sep 21, 2005labor lawillegal dismissalproject employeeslabor-only contractingdue processsecurity of tenure

Dismissal Upheld Despite Prior Termination When Dishonesty Charges Become Moot

Philippine Supreme Court clarifies rules on project employment, labor-only contracting, and due process in illegal dismissal cases.

Sep 21, 2005legal ethicsfree speechcode of professional responsibilityattorney disciplinepleadings

Limits to Free Speech When Attorney Conduct Turns Unprofessional

A lawyer's free speech in pleadings has limits. The Supreme Court suspends a counsel for offensive language against opposing counsel.

Sep 21, 2005notarial lawadministrative lawlegal ethicsnotary publicdisbarmentsupreme court

Negligence in Notarization Leads to Revocation and Disqualification for Notary Public

A notary public's failure to keep proper records and follow notarial formalities results in revocation of commission and one-year disqualification.

Sep 21, 2005legal compensationcontract lawcivil codeobligation and contractset-offsupreme court

When Debts Collide: Understanding Legal Compensation in Philippine Contract Law

Learn how Philippine courts apply legal compensation in contract disputes, using the Mavest v. Sampaguita case as a guide.

Sep 21, 2005taxpayer standinglocus standideclaratory reliefconstitutional lawlocal governmentjudicial review

Taxpayer Standing to Challenge Government Spending: Jumamil v. Cafe

The Supreme Court clarifies when taxpayers may challenge local government spending and the limits of declaratory relief in Jumamil v. Cafe.

Sep 20, 2005banking lawfiduciary dutybank negligenceunauthorized withdrawalcivil lawdeposits

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Sep 20, 2005civil procedurerules of courtrequest for admissiondiscoveryimplied admission

When a Response to a Request for Admission Is Not Required: DBP v. Canadalla-Go

The Supreme Court clarifies when a party need not respond to a request for admission and when an unsworn response may be excused.

Sep 20, 2005judicial accountabilityadministrative lawcourt administratorjudgesadministrative circular 10-94

Judicial Accountability: The Price of Disregarding Court Directives

When a judge ignores orders from the Office of the Court Administrator, the Supreme Court steps in. This case shows why compliance matters.

Sep 20, 2005estate settlementcourt approvalreal estate mortgagerule 89probatecivil law

Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions

Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.

Sep 20, 2005equitable mortgageabsolute saleborrowers rightsnew civil codearticle 1602supreme court

Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.

Sep 20, 2005legal ethicsadministrative casegood faithdue diligencedisciplinary actionsupreme court

Good Faith and Due Diligence When Lawyers Rely on Official Records

When can a lawyer rely on official receipts without facing disciplinary action? The Supreme Court explains the limits.

Sep 20, 2005trademarkpreliminary injunctionintellectual propertycivil proceduresupreme court

Protecting Trademarks: The Balance Between Brand Identity and Business Operations

The Supreme Court clarifies when preliminary injunctions may issue in trademark cases, balancing brand protection against business disruption.

Sep 20, 2005contract-lawliquidated-damagespenalty-clausecivil-codeequitable-reduction

Equitable Reduction of Penalties When Courts Can Adjust Contractual Damages in the Philippines

Philippine courts can reduce contractual penalties and liquidated damages when they are unconscionable or when the obligation was partly performed.

Sep 20, 2005property-law

Contract TO Sell VS Contract OF Sale Sacobia Hills Development Corp ON Rescission

Sep 20, 2005criminal-law

Accountability Confirmed Malversation Conviction Upheld Despite Claims OF Incomplete Audit

Sep 20, 2005lease renewalimplied leasecivil codeaccion publicianaco-ownership

Implied Lease Renewal vs. Contractual Obligations: Rivera v. Roman

When does continued possession after a lease expires create an implied renewal? The Supreme Court clarifies the rules in Rivera v. Roman.

Sep 19, 2005illegal recruitmentconspiracylarge-scale illegal recruitmentra 8042overseas employmentcriminal law

Large-Scale Illegal Recruitment: When Conspiracy and Acts of Participation Establish Guilt

The Supreme Court explains when a person who did not collect fees can still be liable for large-scale illegal recruitment through conspiracy.

Sep 19, 2005taxationvat-refundequal-protectionsupreme-courttourismconstitutional-law

Supreme Court Upholds VAT Refund Law for Foreign Tourists Against Equal Protection Challenge

The Supreme Court upheld the constitutionality of the VAT refund law for non-resident foreign tourists, ruling that the classification rests on substantial distinctions.

Sep 16, 2005court-stenographerneglect-of-dutyadministrative-circular-24-90access-to-justicesupreme-court-ruling

Prompt Transcription: Upholding Efficiency in Court Proceedings and Timely Access to Justice

A Supreme Court decision reminds court stenographers of the 20-day deadline to transcribe notes, highlighting how delays can obstruct access to justice.