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显示第 16657–16680 篇,共 24,858 篇文章

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Mar 18, 2005bp 22bouncing checks lawcriminal proceduremotion to quashmoot and academicamended complaint

Curing Defects: How Amending a Complaint Can Moot a Case in Philippine Bouncing Checks Law (BP 22)

Learn how a second amended complaint cured defects in a BP 22 case and rendered a certiorari petition moot under Philippine rules.

Mar 18, 2005tax-lawlending-investorsinsurance-companiespercentage-taxfixed-taxnirc

Insurance Companies Not Taxable as Lending Investors: CIR v. PHILAM Companies

Supreme Court rules insurance companies are not "lending investors" under the NIRC, clarifying tax obligations for lending activities.

Mar 18, 2005torrens titlegood faith purchaserforgeryproperty lawphilippine jurisprudence

Protecting Land Titles: Good Faith Purchasers and Forgery in Property Sales

A Supreme Court ruling explains why a forged deed must be proven, not presumed, and how a registered owner's acts can protect an innocent buyer's title.

Mar 18, 2005administrative lawjudicial disciplineretirementsupreme courtcode of judicial conduct

Modifying Penalties When Retirement Alters Judicial Discipline

When a judge retires before serving a suspension, the Supreme Court may convert the penalty to a fine. Learn how this works.

Mar 18, 2005sheriffsmoney judgmentsdebtors rightscivil procedureexecutionphilippines

Sheriffs Duty Enforcing Money Judgments AND Protecting Debtors Rights IN THE Philippines

Learn how Philippine sheriffs must balance enforcing money judgments with protecting debtors' rights, including proper procedures and remedies.

Mar 18, 2005administrative lawcommission on auditwater districtper diemgovernment compensationcoa disallowance

Water District Board Compensation: Per Diems, Additional Benefits, and COA Disallowances

The Supreme Court clarifies that water district directors may receive only per diems under PD 198, with limited exceptions for good faith recipients.

Mar 18, 2005civil-law

Tortuous Interference Purchasers Liability IN THE Absence OF Malice

Mar 18, 2005civil-lawagrarian-reformdarabjurisdictioncloasproperty-disputes

Mandamus Unveiled: Enforcing Rights vs Contractual Obligations in Property Disputes

Learn when courts versus DARAB resolve property disputes involving CLOAs and agrarian reform lands, based on a 2005 Supreme Court ruling.

Mar 17, 2005barangay settlementkatarungang pambarangayrescissioncivil codebreach of contract

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Mar 16, 2005civil liabilityacquittalpreponderance of evidencecriminal lawphilippine courts

Civil Liability Despite Acquittal Proving Fault by Preponderance of Evidence in Philippine Courts

Explains how Philippine courts can impose civil liability even after acquittal, using preponderance of evidence standard.

Mar 16, 2005legal ethicsprofessional responsibilitylawyer negligencecode of professional responsibilitypublic officeadministrative case

Lawyer's Duty to Clients Persists Despite Public Office: Canoy v. Ortiz

SC suspends lawyer for neglecting client's case after election to public office, affirming duties under the Code of Professional Responsibility.

Mar 16, 2005civil-procedurepermissive-joindertotality-rulejurisdictionvehicular-accidentinsurance

Permissive Joinder of Parties and the Totality Rule in Vehicular Accident Claims

Learn how the Supreme Court applied permissive joinder and the totality rule in determining jurisdiction for vehicular accident claims.

Mar 16, 2005agrarian reformcarpland classificationfarmer beneficiariesproperty lawra 6657

Upholding Agrarian Reform Land Classification and Beneficiary Rights Under CARP

Supreme Court affirms CARP coverage of agricultural land in Canlubang Estate, protecting farmer-beneficiaries' rights to land distribution.

Mar 16, 2005labor-lawillegal-dismissalemployer-employee-relationshipnlrcdue-processappeal-bond

Employer-Employee Relationship: The Foundation of Illegal Dismissal Liability

Why labor tribunals must establish employer-employee relationship before ruling on illegal dismissal, and the consequences of failing to do so.

Mar 16, 2005administrative-lawprocedural-rulessubstantial-justiceappeal-periodombudsmancivil-service

Balancing Procedural Rules and Substantial Justice: Rosario Dalton-Reyes v. Court of Appeals

A one-day delay in filing an appeal should not defeat substantial justice, especially when a litigant faces dismissal from service.

Mar 16, 2005labor-lawfinality-of-judgmentnlrcemployer-employeeappeal-bonddue-process

Finality of Judgment: When Labor Decisions Become Unchangeable

Learn when labor case decisions become final and unchangeable, and why courts require clear factual findings before ruling on employer liability.

Mar 15, 2005civil proceduresummonsdue processextraterritorial servicedefault judgment

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Mar 15, 2005labor-lawcivil-serviceabsenteeismjudiciaryadministrative-casesupreme-court

Suspension for Unauthorized Absences: Accountability in the Judiciary

Supreme Court suspends employee for six months and one day for unauthorized absences, underscoring strict accountability standards in the judiciary.

Mar 14, 2005constitutional-law

Hearsay Evidence AND Search Warrants Protecting Against Unlawful Seizures IN Copyright Cases

Mar 14, 2005search warrantprobable causecopyright infringementphilippine lawcriminal procedure

Probable Cause in Search Warrants: Lessons from Sony Music v. Judge Espanol

The Supreme Court quashed a search warrant in a copyright case because the applicant and witnesses had no personal knowledge that the discs were pirated, only hearsay.

Mar 14, 2005contract-lawmutuality-of-contractscommission-disputescivil-codesupreme-courtobligations

Contractual Obligations Mutuality AND Modification IN Commission Disputes

Learn how the Supreme Court applied the mutuality of contracts principle in a commission dispute, protecting a manager's right to earned franchise fees.

Mar 14, 2005maritime lawseafarer rightscontractual employmentsecurity of tenurelabor codepoea

Seafarer Status Contractual Employment AND Security OF TENURE IN Philippine Maritime LAW

The Supreme Court rules that seafarers are contractual employees, not regular employees, even after decades of continuous rehiring.

Mar 14, 2005judicial conductadministrative casebailcode of judicial ethicsnegligenceimpropriety

Judicial Conduct: Negligence, Partiality, and the Appearance of Impropriety

A judge's careless signing of documents and joking remarks can constitute negligence and violate judicial ethics, even without proof of bias.

Mar 11, 2005property-lawconjugal-propertyfamily-codemortgagemarital-consent

Marital Consent Is Key: Encumbering Conjugal Property Without Spouse's Agreement Is Void

A spouse cannot mortgage conjugal property without the other spouse's written consent. The Supreme Court explains why such encumbrances are void.