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显示第 16945–16968 篇,共 24,858 篇文章

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Dec 9, 2004bouncing checks lawbp 22creditor rightspartial paymentobligations and contractscriminal law

Partial Payment and Fulfillment of Obligations: Creditor Rights Under B.P. 22

When does partial payment satisfy a debt? The Supreme Court clarifies creditor rights and the Bouncing Checks Law in Alonto v. People.

Dec 9, 2004commercial-law

THE Ship Agents Liability Clarifying Responsibilities FOR Cargo Loss

Dec 9, 2004civil procedureattorney negligencefinality of judgmentship agent liabilitycode of commercesupreme court

Dismissal of Appeal Due to Attorney Negligence: Balancing Client Rights and Procedural Rules

The Supreme Court rules that counsel's negligence binds the client, and litigants must actively monitor case progress.

Dec 9, 2004criminal-lawbouncing-checksbp-22guaranteepostdated-checkssupreme-court

Bouncing Checks and Guarantees: Alonto v. People and the Reach of BP 22

The Supreme Court clarifies when a postdated check issued as a guarantee still violates the Bouncing Checks Law, BP 22.

Dec 9, 2004customs lawforfeituretariff and customs codeimportationcommissioner of customs

Full Customs Duty Payment Bars Forfeiture Despite Procedural Lapses

Supreme Court rules that full payment of customs duties and taxes terminates importation, preventing forfeiture despite procedural irregularities in shipment transfer.

Dec 9, 2004attorney's feesproperty as paymentlegal ethicsarticle 1491code of professional responsibilitysupreme court

Attorney's Fees and Ethical Boundaries: Can Lawyers Demand Property as Payment?

A lawyer who demands litigated property as fees after the case ends may still face discipline for conduct unbecoming the legal profession.

Dec 8, 2004civil-law

Foreclosure Rights VS Damages Dbps Mortgage Lien AND THE Limits OF Injunction

Dec 8, 2004civil-procedureappealinjunctionmortgagemoral-damagessupreme-court

Losing Your Day in Court: Understanding the Strict Rules of Appeal in Philippine Law

The Supreme Court clarifies that permanent injunctions cannot bar government banks from foreclosing mortgages, and explains the limits of moral damages.

Dec 6, 2004usury lawloan obligationsinterest ratesreal estate mortgagesupreme courtcivil law

Usury Law and Loan Obligations: Balancing Lender Rights and Borrower Protection

Philippine Supreme Court ruling on 21% interest validity, 3% monthly surcharge nullity, and borrower obligations under the Usury Law.

Dec 1, 2004administrative-lawmiiarate-regulationpublic-hearingadministrative-codegovernment-corporations

Airport Fee Hikes Require Notice and Public Hearing: MIAA Rate Increases Void

Supreme Court nullifies MIAA fee increases for lack of notice and public hearing, affirming the DOTC Secretary's authority over rate revisions.

Dec 1, 2004constitutional lawminingnatural resourcesforeign investmentarticle xiiphilippine mining act

State Control vs Foreign Assistance: The Scope of Mining Agreements Under the Constitution

The Supreme Court clarifies that foreign-assisted mining agreements under Article XII must preserve state control, not bar foreign participation.

Nov 29, 2004land title reconstitutionrepublic act no. 26property lawsupreme courttorrens systemland registration

Reconstituting Lost Land Titles: Supreme Court Clarifies Standards for Judicial Reconstitution

Supreme Court clarifies the rules and evidence needed to reconstitute a lost or destroyed land title under Republic Act No. 26.

Nov 29, 2004criminal lawforestry codesquattingpresidential decree 705supreme courtacquittal

Squatting Decriminalized: The Extinction of Civil Liability Following the Repeal of Anti-Squatting Law

The Supreme Court acquits a man charged under the Revised Forestry Code, clarifying that even mala prohibita offenses require proof of intent.

Nov 26, 2004capital-gains-taxproperty-lawreal-estate-saleregistration-expensesseller-obligations

Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals

Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.

Nov 26, 2004legal-ethics

Ensuring DUE Process THE Obligation TO Provide Notice IN Default Judgments

Nov 26, 2004civil-procedurereal-party-in-interestforum-shoppingappealrules-of-court

Dismissal of Complaint: Balancing Promptness and the Pursuit of Justice in Philippine Courts

When can a court dismiss a complaint for lack of authority and improper certification? The Supreme Court clarifies the rules on real parties-in-interest and appeal remedies.

Nov 26, 2004bailcriminal procedurerule 114administrative casejudgesdue process

The Mandatory Bail Hearing Rule: Why Judges Cannot Grant Bail Without One

Philippine Supreme Court ruling explains why bail hearings are mandatory, even when the prosecution does not object, and what happens when judges skip them.

Nov 26, 2004administrative lawcivil servicedue processdisciplinary actionchedsupreme court

Upholding Disciplinary Authority: Administrative Dismissal Despite Procedural Technicalities

The Supreme Court affirms that a government agency's disciplinary authority prevails over procedural technicalities in administrative dismissal cases.

Nov 26, 2004real-property-salecapital-gains-taxcivil-codevendor-obligationsregistration-expensessupreme-court-ruling

Real Property Sale Obligations: Who Pays Registration and Capital Gains Tax

Philippine Supreme Court ruling on vendor obligations for registration expenses, eviction of occupants, and capital gains tax in property sales.

Nov 26, 2004election-lawbarangay-electioncomelecidem-sonansballot-appreciationvoters-intent

Nickname Recognition in Philippine Elections: Upholding Voters' Intent Despite Technicalities

Learn how Philippine election law treats nicknames on ballots, the idem sonans rule, and why procedural remedies matter in election contests.

Nov 25, 2004labor-lawillegal-dismissalabandonmentseafarernlrcdue-process

Illegal Dismissal: Abandonment Requires Intent to Sever Employment Ties

Philippine Supreme Court clarifies that abandonment as a ground for dismissal requires both absence and clear intent to sever employment ties.

Nov 25, 2004administrative-lawcivil-servicestrikespublic-school-teachersconduct-prejudicialgovernment-employment

Strikes and Public Service: Balancing Rights and Responsibilities in Government Employment

Public school teachers who joined a 1990 mass action were disciplined for conduct prejudicial to the best interest of the service. The Supreme Court explains why.

Nov 25, 2004common carrierbreach of contractdamagesnegligencecivil lawpassenger safety

Victory Liner Liability: Breach of Contract of Carriage and Passenger Safety

Supreme Court ruling on common carrier liability for passenger death, negligence of counsel, and damages in breach of contract of carriage.

Nov 25, 2004certiorariprocedural rulesrule 42court of appealssubstantial complianceright to appeal

Certiorari Petitions: Substantial Compliance With Procedural Rules For Timely Review

SC rules substantial compliance with Rule 42 requirements may excuse dismissal of petitions for review, protecting the right to appeal.