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显示第 17281–17304 篇,共 24,858 篇文章

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Aug 12, 2004criminal lawsmugglingtariff and customs codepresumption of guiltpossessiontax evasion

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

Aug 12, 2004legal ethicsclient fundsattorney suspensioncode of professional responsibilityagency lawtrust accounts

Lawyer Indefinitely Suspended for Misappropriating Client Funds After Client's Death

A lawyer who turned over a deceased client's judgment proceeds to an unauthorized person was indefinitely suspended for breaching trust obligations.

Aug 11, 2004criminal-lawhomicidejustifying-circumstancesdefense-of-spouserevised-penal-codesupreme-court

Defense of Honor Justifying Homicide in Cases of Marital Fidelity

Philippine Supreme Court ruling on when defense of spouse can justify homicide, explaining unlawful aggression requirement.

Aug 11, 2004family codeforum shoppingcertificationearnest effortscompromisecivil procedure

Family Code vs Rules of Procedure: Certifications and Suits Between Relatives

When sisters sue each other, the Family Code's compromise requirement and forum shopping rules collide. The Supreme Court clarifies.

Aug 11, 2004contract-lawnotarized-deedforgeryproperty-salesupreme-courtevidence

Upholding Notarized Contracts Overcoming Forgery Claims In Property Sales

Philippine Supreme Court ruling on notarized deeds, forgery claims, and expert testimony in property sales.

Aug 11, 2004legal ethicslawyer negligencecode of professional responsibilityphilippine jurisprudencesuspension of lawyers

Lawyer Negligence in the Philippines: Barbuco v. Beltran on Diligence and Competence

A Philippine Supreme Court ruling suspends a lawyer for six months after a late appellant's brief caused a client's appeal to be dismissed, showing what diligence demands.

Aug 11, 2004appealcertiorarirule 45rule 65civil proceduresupreme court

Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

Aug 11, 2004bigamygood faithgross ignorance of the lawadministrative casejudgesrevised penal code

Good Faith in Bigamy: Limits of the Defense and Judicial Accountability

Bigamy requires criminal intent, but good faith has limits. A judge who acquitted based on a foreign divorce decree was fined for gross ignorance of the law.

Aug 11, 2004civil procedurejurisdictionvoluntary appearancesummonsdefault judgment

Voluntary Submission: How Filing a Motion Can Establish Court Jurisdiction

Filing any motion without objecting to jurisdiction can constitute voluntary submission to a Philippine court's authority over a defendant's person.

Aug 10, 2004election lawcomeleccertificate of candidacydue processdisqualificationsangguniang kabataan

COMELEC Cannot Motu Proprio Cancel a Candidate’s Certificate of Candidacy: Cipriano v. COMELEC

The Supreme Court rules COMELEC cannot cancel a certificate of candidacy motu proprio without notice and hearing, safeguarding due process in election cases.

Aug 9, 2004preliminary investigationbailgross ignorance of the lawjudicial conductrule 112administrative case

Judge Dismissed for Gross Ignorance: The Rules on Preliminary Investigation and Bail

A judge's dismissal for mishandling preliminary investigations and bail bonds, and the lessons for judicial conduct.

Aug 9, 2004civil-law

DUE Process AND Foreclosure Upholding Ministerial Duty IN Writ OF Possession

Aug 9, 2004judicial conductgross ignorance of the lawadministrative casepreliminary investigationbailjudges

Judicial Conduct and Dismissal: The Consequences of Gross Ignorance of the Law for Judges

A judge who flouts rules on preliminary investigation and bail faces dismissal. This case explains why.

Aug 2, 2004agrarian reformdarab jurisdictiontenancy rightsemancipation patentland disputeproperty law

Tenancy Rights vs Ownership Claims: DARAB Jurisdiction in Agrarian Land Disputes

Supreme Court clarifies DARAB jurisdiction limits in agrarian disputes, distinguishing tenancy rights from administrative reallocation matters.

Jul 30, 2004commercial-law

Trust Receipts Entrusters Right TO Deficiency Claim After Repossession AND Sale

Jul 30, 2004civil-law

Ejectment Actions Ownership Claims DO NOT Oust Court Jurisdiction

Jul 30, 2004criminal lawevidencedying declarationhomicidewitness testimonyreasonable doubt

Dying Declarations and Witness Testimony Establishing Guilt Beyond Reasonable Doubt in Homicide Cases

How Philippine courts weigh dying declarations and witness credibility to convict in homicide cases, explained in plain language.

Jul 30, 2004res judicataejectmentaccion reinvindicatoriaproperty lawcivil procedureownership

Res Judicata and Property Disputes: When an Ejectment Case Does Not Bar a Later Ownership Claim

Explains when res judicata applies in property disputes, distinguishing ejectment from accion reinvindicatoria under Philippine law.

Jul 30, 2004contract-lawinterest-ratesmutuality-of-contractsbankingloansphilippine-supreme-court

Unilateral Interest Rate Hikes: Mutuality of Contracts Prevails in Loan Agreements

Philippine Supreme Court rules banks cannot unilaterally raise interest rates without borrower consent, citing mutuality of contracts principle.

Jul 30, 2004civil-proceduredemurrer-to-evidenceco-ownershiplegal-capacityforum-shoppingsupreme-court

Standing to Sue, Co-Ownership Authority, and the Demurrer to Evidence in Philippine Law

Philippine Supreme Court clarifies when a co-owner may sue alone and why lack of authority is not a ground for demurrer to evidence.

Jul 30, 2004notarial practicelegal ethicscode of professional responsibilitysuspensionphilippine law

Notarial Negligence and Lawyer Accountability: Serzo v. Flores on Falsified Deeds

The Supreme Court revoked a notary's commission and suspended him for two years after he notarized a deed of sale signed by a man who had already died.

Jul 30, 2004administrative lawservice of judgmentgovernment corporate counselappeal periodogccprocedure

Service of Court Decisions on Government Entities: The Lead Counsel Rule Explained

When must court decisions be served on a government agency's lead counsel? The Supreme Court clarifies service rules and appeal periods.

Jul 30, 2004suretyshipindemnity agreementreimbursementsolidary obligationcivil lawpledge

Surety Reimbursement Rights: When Partial Payment Does Not Trigger Indemnity

Philippine Supreme Court clarifies when co-sureties can demand reimbursement and foreclose pledged shares under indemnity agreements.

Jul 30, 2004legal ethicsadministrative caseibpattorney suspensionprofessional responsibility

Attorney Suspended for Neglect and Disrespect Toward the IBP

The Supreme Court suspended a lawyer for six months for neglecting a client's appeal and repeatedly ignoring the IBP's authority.