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显示第 16345–16368 篇,共 24,858 篇文章

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Jun 30, 2005bail bondforfeituresuretyprocedureappealcertiorari

Upholding Judicial Integrity: Dismissal of Charges Based on Insufficient Evidence of Collusion

Supreme Court denies surety's petition, ruling that procedural lapses and failure to timely challenge bail bond forfeitures bar relief.

Jun 30, 2005family-law

Upholding Marital Fidelity Disbarment FOR Lawyers Engaging IN Immoral Conduct

Jun 30, 2005criminal-law

Abuse OF Discretion When Courts Override Prosecutor Decisions IN Theft Cases

Jun 30, 2005civil-lawland-disputepossessiontax-declarationrecovery-of-possessionevidence

Possession vs Ownership: How Tax Declarations and Evidence Resolve Land Disputes

A Supreme Court ruling explains how tax declarations and evidence of possession resolve land disputes, and why paper title alone may not win the case.

Jun 30, 2005civil proceduremotion to dismisscertiorariinterlocutory ordersupreme court

When Can You Appeal a Denied Motion to Dismiss? Lessons from Bonifacio Construction

Philippine Supreme Court clarifies that denial of a motion to dismiss is interlocutory, not appealable via certiorari. Learn the proper remedy.

Jun 30, 2005unjust enrichmentcontract lawagrarian reformreal estatecivil codesupreme court

Unjust Enrichment and Contractual Obligations: Lessons from Limaco v. Shonan Gakuen

Philippine Supreme Court ruling on void land sales, down payment refunds, and unjust enrichment in Limaco v. Shonan Gakuen.

Jun 30, 2005mutuality of contractsemployment terminationcivil codearticle 1308breach of contractphilippine law

Mutuality of Contracts: When One-Sided Termination Clauses in Employment Contracts Are Void

The Supreme Court explains when a termination clause that leaves dismissal to one party's sole judgment violates the mutuality principle under Article 1308 of the Civil Code.

Jun 30, 2005bail bondforfeituresuretycriminal procedureappealcertiorari

Surety's Due Diligence: Challenging Bail Bond Forfeiture After Finality

A surety cannot belatedly challenge bail bond forfeiture after judgment becomes final. Learn the proper remedies and procedural deadlines.

Jun 29, 2005value-added taxzero-rated servicesbir regulationstax refundforeign currencyphilippine tax law

VAT Zero-Rating for Services Performed in the Philippines Paid in Foreign Currency

Philippine Supreme Court clarifies VAT zero-rating rules for services performed locally but paid in foreign currency, striking down restrictive BIR regulations.

Jun 29, 2005eminent domainjust compensationproperty lawexpropriationland rightsphilippine supreme court

When Government Delays Just Compensation: Property Return After Unreasonable Delay

Philippine Supreme Court ruling: government must pay just compensation promptly or risk losing expropriated property back to its owner.

Jun 29, 2005carrier liabilityinsurance lawcode of commercedamaged goodssubrogationnotice of claim

Carrier Negligence and the Timely Notice Rule for Damaged Cargo in the Philippines

Learn how the Supreme Court ruled on carrier liability for damaged goods and why timely notice under Article 366 of the Code of Commerce is crucial.

Jun 29, 2005administrative lawcivil procedurejurisdictionsummonsgovernment employeescivil service

Jurisdictional Boundaries: Summons, Transfers, and Government Employee Reassignments

When does a court lack jurisdiction over a government official? This case clarifies summons rules and employee transfer remedies.

Jun 29, 2005labor-lawappeal-bondnlrcillegal-dismissalsupreme-court

Appeal Bonds Ensuring Labor Awards ARE NOT Empty Victories

The Supreme Court rules that posting an insufficient appeal bond is fatal to an employer's appeal, ensuring labor awards are not empty victories.

Jun 29, 2005jurisdictionhlurbreal-estate-lawproperty-disputesubdivision-developerpd-1344

Jurisdiction Clarified When Regular Courts Handle Property Disputes Despite Developer Status

When do regular courts, not HLURB, hear property disputes? The Supreme Court clarifies jurisdiction rules in Lacson Hermanas v. Heirs of Ignacio.

Jun 29, 2005labor-lawappeal-bondnlrclabor-arbiteroverseas-employmentprocedural-requirement

Perfecting Appeals: The Indispensable Surety Bond in Labor Disputes

A late appeal bond means no appeal at all. This article explains why the surety bond is jurisdictional in labor cases.

Jun 29, 2005unfair competitionforeign corporationintellectual propertyrevised penal codecriminal proceduresupreme court

Can a Foreign Corporation Sue for Unfair Competition in the Philippines?

Philippine Supreme Court ruling on whether a foreign corporation not doing business locally can pursue unfair competition claims.

Jun 29, 2005legal ethicsadministrative lawgovernment lawyersdual appointmentcode of professional responsibility

Lawyer Suspended for Dual Government Posts and Unauthorized Private Practice

Supreme Court suspends lawyer for six months for holding a prohibited second government post and engaging in private practice without required written permission.

Jun 29, 2005civil-law

Redemption Rights Clarifying Property Disputes AND Legal Standing IN Philippine LAW

Jun 29, 2005civil proceduredue processcourt decisionsservice of noticephilippine law

Valid Service of Court Decisions: Ensuring Due Process Through Proper Notification

Learn how valid service of court decisions protects due process rights, based on a Philippine Supreme Court ruling on notice requirements.

Jun 29, 2005insurance lawcarrier liabilitycode of commercesubrogationcargo damagenotice of claim

Timely Notice IS KEY Understanding Carrier Liability IN Damaged Goods Claims Under THE Code OF Commerce

When cargo arrives damaged, the clock starts ticking. Learn how Article 366 of the Code of Commerce can bar a claim entirely if notice is late.

Jun 29, 2005trust receipts lawsurety agreementloan obligationscommercial lawphilippine jurisprudence

Loan Obligations When Imported Goods Are Defective: Rosario Textile Mills v. Home Bankers

The Supreme Court ruled that a borrower must still pay its loan even if imported goods are defective, and a surety remains liable under a valid agreement.

Jun 29, 2005trademark infringementintellectual propertyjurisdictionpreliminary injunctioncancellation proceedings

Trademark Infringement Courts Retain Jurisdiction Despite Pending Trademark Cancellation Proceedings

Philippine Supreme Court clarifies that courts can hear trademark infringement cases even while cancellation proceedings are pending before the intellectual property office.

Jun 29, 2005judicial accountabilitycase resolutionsupreme courtadministrative lawphilippine courts

Judicial Accountability: Balancing Efficiency and Integrity in Case Resolution

The Supreme Court affirms that judicial efficiency must never compromise integrity, as shown in P.C. Javier & Sons v. Court of Appeals.

Jun 29, 2005dual employmentadministrative lawcivil servicelegal ethicspublic sectorlawyer discipline

Dual Employment in the Public Sector: When Service Becomes a Violation of Duty

The Supreme Court clarifies when accepting public sector positions and practicing law can violate the Constitution, Civil Service rules, and the lawyer's oath.