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显示第 17905–17928 篇,共 24,859 篇文章

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Jan 29, 2004unlawful detainerforcible entrysummary proceduretorrens titleejectmentpossession

Forcible Entry Survey Requirements in Summary Procedure Cases: What the Supreme Court Says

Learn how Philippine courts resolve unlawful detainer cases, why Torrens titles prevail, and what summary procedure means for possession disputes.

Jan 29, 2004legal ethicslawyer negligencecode of professional responsibilityadministrative casesupreme court

When Lawyers Fail Clients: Lessons from a Disbarment Case on Negligence

A lawyer's failure to file an appeal brief led to suspension. Learn the ethical duties and consequences of legal negligence in the Philippines.

Jan 29, 2004insurance-lawsuretyshipcivil-codelegal-interestsurety-bondphilippine-law

Surety's Liability for Interest Beyond Bond Limit on Delayed Payment

Philippine Supreme Court ruling on whether a surety can be held liable for interest exceeding the bond's face value when payment is delayed.

Jan 29, 2004co-ownershipgood faithproperty rightslease contractscivil lawsupreme court

Co-Ownership and Good Faith: Property Rights Lessons from Tala Realty vs. Banco Filipino

A Supreme Court ruling on lease contracts, good faith, and the limits of property rights under Philippine law.

Jan 29, 2004civil-lawobligations-and-contractsjudicial-admissionscivil-procedurespecific-performancereconveyance

Court Can Grant Unprayed Relief When Facts Warrant It: Arroyo v. Taduran

Supreme Court affirms P500,000 award despite no prayer for indemnity, citing judicial admissions and the rule on relief based on factual allegations.

Jan 29, 2004surety bondsinsurance lawlegal interestcivil codemora solvendicommonwealth insurance

Surety Bonds and Legal Interest: When Default Makes a Surety Pay More Than the Bond

Philippine Supreme Court ruling on when a defaulting surety must pay 12% legal interest on top of the bond amount.

Jan 29, 2004civil procedurejudicial admissionsreliefsupreme courtphilippine law

When Courts Can Grant Unprayed Relief: The Taduran Case on Judicial Admissions

Explaining when Philippine courts may grant relief not explicitly prayed for, based on the Supreme Court's ruling in Arroyo v. Taduran.

Jan 29, 2004civil-law

IN Pari Delicto NO Relief FOR Parties IN Illegal Banking Schemes

Jan 29, 2004criminal lawself-defensefrustrated homicideintent to killburden of proofrevised penal code

Burden of Proof in Self-Defense: Establishing Intent in Frustrated Homicide Cases

Learn how Philippine courts weigh self-defense claims and intent to kill in frustrated homicide cases through Gorospe v. People.

Jan 29, 2004legal ethicsprofessional responsibilitylawyer suspensioncode of professional responsibilityappellate practice

Attorney Suspended for Neglecting Client’s Appeal: Duty of Diligence

A lawyer’s failure to file an appellant’s brief led to a three-month suspension, underscoring the duty of diligence.

Jan 28, 2004rescissioncontract to selldue processcivil codeinstallment payments

Rescission Rights: When a Buyer's Failure to Pay Lets the Seller Cancel

A Supreme Court ruling explains when a seller may rescind a contract to sell, how installment payments are applied, and why a memorandum is not required for due process.

Jan 27, 2004constitutional lawmining actnational patrimonyforeign ownershipnatural resourcesla bugal

Mining Rights vs National Patrimony: The La Bugal Case on Foreign Control of Philippine Resources

Explaining the Supreme Court's La Bugal ruling on the Philippine Mining Act and foreign ownership limits over the country's mineral resources.

Jan 27, 2004contract-lawunconscionable-interestloan-agreementscivil-codeusurysupreme-court

Unconscionable Interest Rates When Loan Agreements Become Exploitative

When do monthly interest rates become illegal? The Supreme Court explains the limits of lender freedom in Cuaton v. Salud.

Jan 27, 2004judicial ethicsadministrative lawcode of judicial conductclerk of courtmisconductsupreme court

Upholding Judicial Integrity: Misconduct and Accountability in the Philippine Judiciary

A Supreme Court ruling on judge and clerk misconduct underscores the strict standards of propriety required of all court personnel.

Jan 27, 2004hold-departure orderjudicial misconductadministrative casecode of judicial conductphilippine courts

Hold-Departure Orders, Judicial Misconduct, and the Cost of Ignorance of the Law

Administrative case clarifies when judges may issue hold-departure orders — and the penalties for getting it wrong.

Jan 26, 2004election lawcomelecplebiscitejurisdictionsupreme courttaguig cityhood

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

Jan 26, 2004comelecplebiscitejurisdictionelection lawadministrative lawsupreme court

Who Decides Plebiscite Disputes? COMELEC's Power to Annul Results

The Supreme Court rules that COMELEC has jurisdiction over plebiscite result disputes, not the RTC, in Buac v. COMELEC.

Jan 26, 2004illegal recruitmentlabor lawestafaoverseas employmentcriminal lawsupreme court

Cracking Down on Illegal Recruitment: The State's Power to Protect Workers

The Supreme Court affirms that illegal recruitment in large scale is a crime against the state, explaining its elements and penalties.

Jan 26, 2004labor lawbusiness closureterminationseparation payemployee rightsretrenchment

Business Closure and Employee Rights: Employer Obligations in Termination

Understand employer obligations when closing a business in the Philippines, including notice requirements, separation pay, and when dismissal is valid.

Jan 26, 2004legal ethicsconflict of interestdisbarmentcode of professional responsibilitysupreme courtadministrative case

Upholding Legal Ethics: Attorneys Accountability for Misappropriating Client Funds

A look at Mercedes Nava v. Atty. Sorongon, where the Supreme Court addressed conflict of interest and the mandatory requirement of formal investigation in disbarment cases.

Jan 26, 2004criminal-lawrape-with-homicidecircumstantial-evidencechild-witnesstestimonysupreme-court

The Fragility of Testimony: Safeguarding the Rights of the Accused in Rape Cases Involving Mentally Challenged

How Philippine courts weigh the testimony of child witnesses and circumstantial evidence in rape-homicide cases, and what this means for the accused's rights.

Jan 23, 2004legal ethicsgross immoralityjudicial disciplinecode of professional responsibilitydisbarmentadministrative liability

Ethical Standards in the Legal Profession: Non-Disclosure and Misrepresentation Consequences

A judge's extramarital affair and child led to dismissal and suspension from law practice, underscoring ethical accountability.

Jan 22, 2004preliminary injunctionstatus quocontract disputesforum shoppingcivil procedurephilippine law

Preliminary Injunctions Preserving THE STATUS QUO IN Contract Disputes

Learn how Philippine courts handle preliminary injunctions and the status quo in contract disputes, with key rules on forum shopping.

Jan 22, 2004criminal-law

Protecting THE Vulnerable Rape Conviction Upheld Despite Mental Capacity Challenges