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显示第 16369–16392 篇,共 24,858 篇文章

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Jun 29, 2005corporate-lawbanking-lawloan-obligationssurety-agreementtrust-receiptsphilippine-supreme-court

Corporate Identity and Loan Obligations: Name Change Does Not Excuse Debt Payment

Philippine Supreme Court ruling on whether a corporate name change or bank identity affects loan obligations and surety liability.

Jun 28, 2005subleaseunlawful detainercivil code article 1652landlord tenantprivity of contract

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

Jun 28, 2005criminal-lawbp-22subpoenaspeedy-trialbouncing-checkssupreme-court

Balancing Rights When Subpoena Powers Clash With Speedy Trial Rights In Bouncing Check Cases

The Supreme Court rules on when a subpoena duces tecum in BP 22 cases becomes a fishing expedition that violates speedy trial rights.

Jun 28, 2005tax refundexcise taxcourt of tax appealstaxpayer rightsbiradministrative law

Tax Refunds and Fairness: Upholding Taxpayer Rights in the Philippines

The Supreme Court reminds the BIR and tax courts that technicalities should not defeat a taxpayer's valid claim for refund.

Jun 28, 2005jurisdictionunfair-competitionintellectual-property-coderegional-trial-courtsupreme-courtra-8293

Jurisdiction in Unfair Competition Cases: RTC vs MTC Explained

Philippine Supreme Court clarifies that Regional Trial Courts, not Metropolitan Trial Courts, have jurisdiction over unfair competition cases under the Intellectual Property Code.

Jun 28, 2005labor-lawunion-legitimacylaw-of-the-casecollective-bargainingsupreme-court

Union Legitimacy and the Law of the Case in Labor Disputes

When a union's legal personality is finally settled, parties cannot relitigate it. This case explains the law of the case doctrine.

Jun 28, 2005lachesland disputeprescriptionproperty lawrecovery of possessionquieting of title

Laches and Land Disputes: When Delaying a Claim Can Cost You Ownership in the Philippines

Philippine Supreme Court explains how laches—unreasonable delay in asserting a claim—can bar recovery of titled property, even for legal heirs.

Jun 28, 2005criminal procedurepreliminary investigationwithdrawal of informationprobable causerule 112rule 117

Withdrawal of Information vs Dismissal: What the Supreme Court Said

The Supreme Court clarifies when a motion to withdraw information is final, and how prosecutors must weigh both sides in preliminary investigation.

Jun 28, 2005labor-lawillegal-dismissalemployer-liabilitycontractingdue-processnominal-damages

When Contracting Turns Into Employment: Defining the True Employer

Learn how Philippine courts determine the real employer in contracting arrangements and what this means for liability in illegal dismissal cases.

Jun 28, 2005civil-procedureforum-shoppingrules-of-courtsubstantial-justicesupreme-courtlitigation

Balancing Justice AND Procedure When Courts CAN Relax Rules FOR Fairness

Philippine Supreme Court explains when procedural rules may be relaxed to serve substantial justice, using a forum-shopping case as example.

Jun 28, 2005judicial ethicsdisqualification of judgescode of judicial conductadministrative caserule 137

Judicial Impartiality When Family Ties Conflict With Legal Duty In The Courtroom

A judge who hears a case where his son-in-law appears as counsel violates mandatory disqualification rules, even if the outcome seems fair.

Jun 28, 2005labor-lawdue-processillegal-dismissalterminationnominal-damagesemployment

Due Process in Employment Termination: Balancing Employer Authority and Employee Rights in Dismissal Cases

Philippine Supreme Court clarifies the two-notice rule and hearing requirement in dismissal cases, and the nominal damages for procedural lapses.

Jun 28, 2005family codechild custodytender-age presumptionparental authoritysupreme court rulingcivil law

Family Code Interpretation Limits on Family Member Definition in Legal Disputes

Supreme Court clarifies Article 213 of the Family Code: mothers keep custody of children under seven unless compelling reasons exist.

Jun 28, 2005administrative lawsheriffsrule 141grave misconductpublic accountabilitycourt fees

Sheriffs Must Follow Court-Approved Fee Process or Face Administrative Liability

A sheriff who collected excess service fees without court approval was fined for grave dereliction of duty, clarifying Rule 141 procedure.

Jun 28, 2005legal ethicsjudicial accountabilitygross ignorance of the lawadministrative casejudges

Retired Judges Cannot Promulgate Decisions: A Lesson in Judicial Accountability

When a judge retires, their judicial authority ends. Promulgating a retired judge's decisions can result in administrative liability for gross ignorance of the law.

Jun 27, 2005contemptdue processjudicial ethicsgross ignorancerule 71administrative case

Judicial Overreach: Contempt Powers, Due Process, and the Limits of a Judge's Discretion

A judge's contempt power has limits. Learn how the Supreme Court disciplined a judge for denying a lawyer's right to post bond.

Jun 27, 2005executiongarnishmentcorporate lawnlrclabor lawexemptions

Corporate Assets and Execution: Exemptions for Juridical Entities in Philippine Law

Philippine Supreme Court ruling on why corporations cannot claim execution exemptions meant for natural persons.

Jun 27, 2005civil procedurecertiorarirules of courtsubstantial compliancesecurity bank

Substantial Compliance With Material Dates Rule in Certiorari Petitions

SC relaxes Rule 46 material dates requirement when petition shows substantial compliance, remands case for merits determination.

Jun 27, 2005civil proceduresubstantial compliancerules of courtcertiorarisupreme court

Substantial Compliance Prevails: Justice Over Strict Procedural Rules in Philippine Courts

Philippine Supreme Court rules substantial compliance with procedural requirements may excuse technical lapses, ensuring cases are decided on merits.

Jun 27, 2005labor lawexecutiongarnishmentsecurity agencynlrcexemption

CBA Scholarship Benefits Resolving Ambiguities IN Favor OF Labor

Security agency loses bid to exempt receivables from garnishment; Court applies labor-friendly rule on execution exemptions.

Jun 27, 2005legal ethicslawyer disciplineattorney negligencecode of professional responsibilityibp

Attorney Accountability Understanding Lawyer Neglect of Duty in the Philippines

A Philippine Supreme Court ruling on lawyer neglect of duty, abandonment of clients, and the ethical obligations of attorneys.

Jun 27, 2005labor-law

Constructive Dismissal AN Employers Duty IN Reassignment AND DUE Process

Jun 27, 2005moral turpitudegovernment employeesadministrative lawbp 22civil servicedismissal

Moral Turpitude and Public Service: How a Criminal Conviction Affects Government Employees

A Supreme Court ruling explains why a B.P. 22 conviction means dismissal for government employees, even with probation.

Jun 27, 2005labor-lawretrenchmentdue-processillegal-dismissalseparation-paysupreme-court

Retrenchment and Due Process: Balancing Business Needs and Employee Rights in the Philippines

Philippine Supreme Court clarifies retrenchment rules, due process, and damages in Clarion Printing House v. NLRC.