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显示第 16825–16848 篇,共 24,858 篇文章

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Jan 28, 2005preliminary injunctioncertiorarirule 65interlocutory ordercivil procedure

Preliminary Injunctions Preserve Status Quo, Not Final Judgments — Key Rules

Philippine Supreme Court explains why preliminary injunction orders are interlocutory, unappealable, and need not state full facts and law.

Jan 28, 2005corporate lawpiercing the corporate veilpersonal liabilitycivil lawjurisprudence

Piercing the Corporate Veil: When Officers Face Personal Liability

Philippine Supreme Court clarifies when corporate officers may be held personally liable for contractual obligations, explaining the limits of piercing the corporate veil.

Jan 28, 2005sheriffsadministrative lawwrit of possessionadministrative circular no. 12rule 39court procedure

Sheriffs Duty Enforcing Writs With DUE Notice AND Jurisdictional Respect

Philippine Supreme Court ruling on sheriffs' duty to give notice and coordinate with local sheriffs when enforcing writs outside their jurisdiction.

Jan 28, 2005contract lawcivil lawproperty saleconsentcapacity to contractsupreme court

Contract Validity: Illness and Consent in Property Sales Under Philippine Law

Supreme Court ruling on when illness affects consent in property sales, and the burden of proving lack of capacity to contract.

Jan 28, 2005ombudsmanprobable causeadministrative lawgrave abuse of discretionphilippine jurisprudence

Upholding the Ombudsman's Discretion: When Courts Defer to Probable Cause Findings in the Philippines

Philippine courts generally defer to the Ombudsman's finding of probable cause, absent grave abuse of discretion. Learn what this means for respondents in administrative cases.

Jan 26, 2005equitable mortgagereal estate lawproperty lawcivil codetorrens titlebuyer in good faith

Unmasking Equitable Mortgages in the Philippines: A Guide for Property Buyers and Sellers

When is a deed of sale actually a loan? Learn how Philippine courts unmask equitable mortgages and protect property buyers and sellers.

Jan 26, 2005labor-lawadministrative-casedishonestydue-processcourt-employeesresignation

Upholding Due Process: Employees' Right to Notice in Termination Cases

Philippine Supreme Court ruling clarifies that resignation does not shield court employees from administrative liability for dishonesty and grave misconduct.

Jan 26, 2005labor lawillegal dismissaldue processtwo-notice ruleterminationnlrc

Due Process in Employee Dismissal: The Two-Notice Rule Under Philippine Labor Law

Philippine law requires employers to follow the two-notice rule before dismissing employees. Learn what this means from a Supreme Court ruling.

Jan 26, 2005legal ethicscode of professional responsibilitydisbarmentharassmentcivil procedureright to litigate

Filing Suits Is a Right, Not Harassment: Gatmaytan v. Ilao

When does filing a lawsuit cross the line into harassment under the Code of Professional Responsibility? The Supreme Court clarifies the boundary.

Jan 26, 2005property lawdonationsevidencenotarial lawcivil codesupreme court

Lost Deeds, Lost Claims: Proving Real Property Donations in the Philippines

Philippine Supreme Court explains why a lost deed of donation cannot be proven by testimony alone, and the formal requirements for valid real property donations.

Jan 26, 2005contract to sellreal estatedamagesphilippine lawsubdivision buyerssupreme court

Breach of Contract to Sell in the Philippines: When Can a Buyer Claim Damages?

Full payment of a lot does not automatically entitle a buyer to moral damages. The Supreme Court explains what must be proven, and what can be recovered.

Jan 26, 2005dishonestygrave misconductadministrative liabilityresignationforfeiture of benefitscourt employees

Dishonesty in Public Service: Forfeiture of Benefits Despite Resignation

The Supreme Court ruled that a court employee's resignation does not erase administrative liability for dishonesty, and his retirement benefits may still be forfeited.

Jan 26, 2005election-lawhretcomelecproclamationjurisdictionelectoral-contest

HRET Jurisdiction Over Election Contests After a Congressman's Proclamation

Once a winning congressional candidate is proclaimed and assumes office, the HRET, not the COMELEC or Supreme Court, has sole jurisdiction over election contests.

Jan 26, 2005civil-lawproperty-lawpublic-domainland-disputescreek-ownershiptorrens-title

Creek Ownership and Land Disputes: Public vs. Private Property Rights

A Supreme Court ruling clarifies that creeks are public property, not private land, and how this affects boundary disputes.

Jan 21, 2005double salereal estate lawarticle 1544civil codeproperty registrationbuyer in good faith

Double Sale in the Philippines: Who Has the Better Right to the Property?

Philippine law on double sales explained: when a property is sold twice, good faith, registration, and possession decide who owns it.

Jan 21, 2005unlawful detainerejectmentestate administrationproperty lawpossessioncivil procedure

Unlawful Detainer and Estate Possession: Lessons from Umpoc v. Mercado

Philippine Supreme Court ruling on unlawful detainer, estate administrators' possessory rights, and unregistered deeds in ejectment cases.

Jan 21, 2005criminal-lawprescription-of-penaltiesrevised-penal-codehabeas-corpusarticle-93evasion-of-sentence

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

Jan 21, 2005certioraricriminal procedureprobable causeestafapreliminary investigationphilippine law

Certiorari as an Improper Substitute for a Lost Appeal: The Importance of Timely Filing

A Supreme Court ruling reminds litigants that certiorari cannot replace a lost appeal, and that probable cause in preliminary investigations rests on probability, not certainty.

Jan 21, 2005agrarian reformcarptenant rightsdarabquitclaimsland coverage

Upholding Agrarian Reform Tenant Rights and Land Coverage Under CARP

A Supreme Court ruling affirms tenant rights and CARP coverage over titled agricultural land, rejecting corporate attempts to evade agrarian reform obligations.

Jan 21, 2005administrative lawcivil servicedue processinefficiencypublic servicesupreme court

Due Process in Administrative Cases: Suspension, Not Dismissal, for First-Time Inefficiency

Philippine Supreme Court clarifies that first-time inefficiency in public service warrants suspension, not dismissal, under Civil Service rules.

Jan 21, 2005property-lawlis-pendensdouble-salegood-faithcivil-codeland-registration

Lis Pendens and Good Faith: When a Notice Is Not Enough to Protect Land Rights

A Supreme Court ruling explains when a notice of lis pendens cannot defeat a prior buyer in good faith.

Jan 21, 2005criminal-lawprescription-of-penaltiesrevised-penal-codehabeas-corpusevasion-of-sentencesupreme-court

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Jan 20, 2005service by publicationsummonsjurisdictiondue processcivil procedurerules of court

Service by Publication in the Philippines: Strict Rules for Valid Summons

Learn the strict requirements for valid service of summons by publication in the Philippines, and why procedural lapses can void court judgments.

Jan 19, 2005family codepresumptive deathsummary proceedingsfinality of judgmentarticle 41remarriage

Finality Prevails: No Appeal from Presumptive Death Declarations Under the Family Code

The Supreme Court clarifies that judgments in summary judicial proceedings for presumptive death under Article 41 of the Family Code are immediately final and executory, leaving no room for appeal.