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显示第 16465–16488 篇,共 24,858 篇文章

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May 26, 2005burden of proofloan obligationspaymentrescissioncontract lawcivil code

Burden of Proof in Loan Obligations: Debtor Must Prove Payment Despite Creditor's Claim of Non-Payment

Philippine Supreme Court ruling on who bears the burden of proving payment in loan and mortgage obligations, and when contract rescission is proper.

May 26, 2005equitable mortgagesale with right to repurchasepacto de retrocivil lawproperty lawborrower protection

Equitable Mortgage vs Sale with Right to Repurchase: Protecting Borrowers in Property Deals

When is a "sale with right to repurchase" actually an equitable mortgage? The Supreme Court explains the legal tests protecting vulnerable borrowers.

May 26, 2005civil proceduretemporary restraining orderjudicial discretionadministrative caserule 58judges

Judicial Discretion vs Abuse: When Judges Overstep in Issuing Restraining Orders

Explore the Supreme Court ruling on when a judge's issuance of a TRO without bond or application constitutes grave abuse of discretion.

May 26, 2005property lawaccion reinvindicatoriaejectmentland disputescivil lawself-help

Property Rights vs Self-Help: Landowners Cannot Evict Holdover Tenants Without Due Process

Philippine Supreme Court ruling on accion reinvindicatoria, property identification, and the limits of self-help in land disputes.

May 26, 2005civil-procedureretroactivityprocedural-rulesestate-administrationrule-65certiorari

Retroactivity of Procedural Rules: Timely Justice in Estate Administration

The Supreme Court clarifies that procedural amendments apply retroactively, ensuring timely justice in estate administration cases.

May 26, 2005forum shoppingcivil procedurecorporation coderesident agentverificationsupreme court

Forum Shopping Certificates and Corporate Authority: Who May Sign for a Corporation

A corporate plaintiff's certificate of non-forum shopping must be signed by a duly authorized person. The Supreme Court explains the rules.

May 26, 2005bouncing checks lawdue processnotice of dishonoradministrative lawcriminal procedure

Insufficient Evidence and Due Process When Accusations Fail to Convict

A corporate officer's conviction under the Bouncing Checks Law requires proof of written notice of dishonor actually received by the accused.

May 26, 2005legal-ethics

Upholding Attorney Client Privilege Confidentiality IN Legal Relationships

May 17, 2005third-party complaintrules of courtcivil procedurecontributionindemnityjudgment on the pleadings

Third-Party Complaints: When Can a Defendant Implead Another Party?

Learn when Philippine courts allow third-party complaints and why a mere business connection between transactions is not enough.

May 17, 2005civil lawcompromise agreementillegitimate filiationannulment of judgmentfamily codesupreme court

Compromise Agreements and Illegitimate Filiation: When Courts Nullify Judgments

When can a court decision be nullified? Learn from a landmark case on compromise agreements, illegitimate filiation, and extrinsic fraud.

May 16, 2005labor lawillegal dismissalredundancymanagement prerogativequitclaimunion

When Redundancy Becomes Illegal Dismissal: Lessons from Lopez Sugar Corporation

The Supreme Court clarifies when a redundancy program is a valid management prerogative and when it becomes an illegal dismissal.

May 16, 2005unlawful detainerejectmentcivil lawpossessionleaserules of court

Unlawful Detainer: Actual Possession vs. Representation in Ejectment Suits

Learn when an ejectment suit must target the actual occupant versus the lessee they represent, based on a Philippine Supreme Court ruling.

May 16, 2005labor-lawredundancyunfair-labor-practiceright-to-organizeillegal-dismissalquitclaim

Union Busting Disguised as Redundancy: Protecting Workers' Right to Organize

When can a company's "redundancy" program be struck down as illegal dismissal and unfair labor practice? The Supreme Court explains.

May 16, 2005civil-procedurejust-compensationagrarian-reformexcusable-negligenceland-banksupreme-court

Counsel's Negligence Is Not Excusable: Land Bank's Duty of Diligence in Legal Matters

SC rules counsel's heavy workload is not excusable negligence; procedural rules bind even government agencies like Land Bank.

May 16, 2005insurance lawcontract interpretationearthquake coverageinsurance premiumphilippine law

Insurance Policy Interpretation: Earthquake Shock Coverage Limited to Specified Properties

Supreme Court rules earthquake shock coverage under an insurance policy extends only to properties specifically listed and premium-paid, not all insured items.

May 16, 2005labor-lawservice-incentive-leavefield-personnelprescriptionlabor-codemoney-claims

Service Incentive Leave: Who Are Field Personnel and When Claims Prescribe

Supreme Court clarifies who qualifies as field personnel for service incentive leave and when the 3-year prescriptive period for claims begins.

May 16, 2005civil-lawprescriptionconstructive-trustland-titleheirsreconveyance

Untangling Land Titles, Prescription, and the Rights of Heirs in Property Disputes

A Supreme Court ruling clarifies when heirs can recover property sold without their consent, and how prescription applies to constructive trusts.

May 16, 2005labor-lawredundancyquitclaimseparation-payillegal-dismissalnlrc

Quitclaims and Continued Employment: Can Post-Termination Actions Revoke Redundancy?

Philippine Supreme Court clarifies when quitclaims are valid and whether post-termination tasks revoke a redundancy dismissal.

May 16, 2005due processjurisdictionannulment of judgmentlis pendenscivil procedureproperty law

Due Process in Motion Hearings: When a Judgment Cannot Bind a Non-Party

A Supreme Court ruling clarifies that courts cannot bind non-parties to judgments, even in motion hearings, without due process.

May 16, 2005lis pendensproperty lawcivil procedurecontract to selltorrens title

Notice of Lis Pendens: When a Contract to Sell Justifies Annotation on Title

Learn when a notice of lis pendens may be annotated on a property title, even in a contract to sell dispute, based on Romero v. Court of Appeals.

May 15, 2005criminal lawmurdervehicular homiciderevised penal codesupreme court

Vehicular Homicide vs. Murder: Intent and the Use of a Motor Vehicle

When does a fatal vehicular incident become murder? The Mallari case shows how intent and the use of a motor vehicle elevate the crime.

May 10, 2005salary standardization lawcommission on auditgovernment allowancesrice subsidynon-diminution of pay

Rice Allowance and the Salary Standardization Law: The LWUA-COA Ruling Explained

The Supreme Court explains when government employees may keep allowances like rice subsidies under the Salary Standardization Law.

May 10, 2005local governmentsangguniang panlalawiganadministrative lawra 7160separation of powerslocal autonomy

Governor vs Vice-Governor: Who Approves Sanggunian Purchases and Appointments?

Supreme Court clarifies the dividing line between a governor's executive control and a vice-governor's authority over Sangguniang Panlalawigan operations.

May 10, 2005labor-law

Protecting Employee Benefits THE Indefeasibility OF Rice Subsidies Under THE Salary Standardization LAW