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显示第 18313–18336 篇,共 24,859 篇文章

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Aug 28, 2003property-lawejectmenttenancyjurisdictionagrarian-reformsupreme-court

Upholding Land Ownership When Asserted Tenancy Fails to Divest Courts of Jurisdiction

A mere claim of tenancy does not automatically strip courts of jurisdiction over ejectment cases, as the Supreme Court clarified in Rivera v. Santiago.

Aug 28, 2003criminal-law

Ensuring Constitutional Safeguards THE Imperative OF Written Examinations IN Search Warrant Issuance

Aug 28, 2003interim management committeeminority stockholdersderivative suitcorporate dissensionpd 902-asec

Corporate Dissension and Interim Management Committees: Protecting Minority Stockholders

When can a court appoint an interim management committee over a corporation? The Supreme Court explains in Jacinto v. First Women's Credit Corporation.

Aug 28, 2003administrative lawfalsificationdaily time recordpublic officersjudicial disciplinedishonesty

Falsifying Time Records: Dishonesty in Public Service and When the Court Mitigates Dismissal

In OCA v. Sirios, the Supreme Court found a court employee guilty of falsifying her daily time record but reduced the penalty from dismissal to suspension.

Aug 26, 2003judicial accountabilitygross misconductadministrative lawwarrant of arrestcode of judicial conduct

Judge Dismissed for Interfering with Warrant Arrest and Abusing Contempt Power

Supreme Court dismisses judge for obstructing a warrant arrest and retaliating with baseless contempt proceedings, reaffirming judicial accountability.

Aug 25, 2003civil-lawmortgagelis-pendensforeclosureproperty-lawregistration

Unregistered Mortgage vs Notice of Lis Pendens: Priority Rights in Foreclosure

Philippine Supreme Court ruling on priority between unregistered mortgages and notices of lis pendens in property foreclosure disputes.

Aug 25, 2003contemptcorporate officersinjunctionrestitutionrule 71philippine law

Defying Court Orders Corporate Officers Held Liable For Contempt AND Restitution

Corporate officers who defy court orders to return property can be held in contempt and ordered to pay restitution personally, even if a fire later destroys the property.

Aug 25, 2003custodianshiptrusteeshipinvestment agreementsbanking lawland banksecurities

Custodianship vs Trusteeship: Determining Liability in Investment Agreements

Philippine Supreme Court clarifies the difference between a custodian and a trustee in investment agreements, and who bears liability when investments fail.

Aug 25, 2003criminal-lawcontemptdue-processcorporate-officersinjunctionrestitution

Contempt and Due Process: When Corporate Officers Face Personal Liability

Philippine Supreme Court ruling on civil contempt, due process, and personal liability of corporate officers for violating court orders.

Aug 25, 2003self-defensecriminal lawhomicidejustifying circumstancesrevised penal code

When Defense Turns Deadly Distinguishing Self Defense From Unjustified Aggression IN Homicide Cases

Philippine Supreme Court clarifies the line between lawful self-defense and criminal aggression in homicide cases, explaining burden of proof and reasonable belief.

Aug 25, 2003travel agencycommon carriercontractsnegligencecivil code

Travel Agency Liability: Ordinary Care, Not Common Carrier Duties

Philippine Supreme Court clarifies that travel agencies owe ordinary diligence, not the extraordinary care required of common carriers.

Aug 25, 2003sheriffswrit of executionadministrative casecivil proceduredishonestycourt officers

Sheriff's Duty to Execute Writs Promptly: Accountability in Civil Cases

Philippine Supreme Court ruling on sheriff's mandatory duty to execute writs promptly and the consequences of dishonesty in civil cases.

Aug 21, 2003unlawful detainerejectmentprior possessionproperty lawcivil proceduresupreme court

Unlawful Detainer: Why Prior Physical Possession Is the Core Issue in Ejectment Cases

Philippine Supreme Court clarifies that in unlawful detainer cases, prior physical possession—not ownership—is the decisive issue.

Aug 21, 2003criminal-lawsandiganbayanconsolidationplunderbriberydiscretion

Consolidation of Bribery and Plunder Cases: Court Discretion in the Sandiganbayan

Explaining why the Supreme Court upheld the Sandiganbayan's discretion to deny consolidation of an indirect bribery case with a plunder case.

Aug 21, 2003treacherymurderrevised-penal-codecriminal-lawsupreme-courtphilippine-law

Treachery and the Passage of Time: Examining the Boundaries of Murder in Philippine Law

The Supreme Court clarifies that a brief pause between an argument and a fatal shooting does not negate treachery, affirming a murder conviction.

Aug 21, 2003solidary obligationcorporate veilloan agreementssuretyshipnegotiable instruments lawphilippine law

Liability Beyond Corporate Veil: Solidary Obligations in Loan Agreements

When officers sign loan documents personally, they become solidarily liable with the corporation. Learn the rules from this Philippine Supreme Court case.

Aug 20, 2003judicial ethicsspeedy dispositioncode of judicial conductadministrative liabilityrule 140

Judicial Efficiency Imperative Resolving Cases Within Prescribed Deadlines

Why Philippine judges must resolve cases within constitutional deadlines, and the consequences of delay, explained through a Supreme Court ruling.

Aug 20, 2003judicial accountabilityadministrative lawgross misconductfiduciary fundscode of judicial conductsupreme court

Misappropriation of Litigant Funds Leads to Judge's Dismissal

Supreme Court dismisses judge for misappropriating P78,000 in fiduciary funds entrusted by litigants, violating Circular No. 50-95.

Aug 20, 2003criminal-lawpreliminary-investigationdue-processjudgesadministrative-caserule-112

Upholding Preliminary Investigation Rights: A Judge's Duty to Ensure Due Process

When a judge skips preliminary investigation, due process suffers. This ruling clarifies a judge's non-waivable duty to protect the accused's substantive rights.

Aug 19, 2003labor-lawnlrcillegal-dismissalback-wagesfinal-and-executoryjurisprudence

Final Decisions Stand: The Immutability of NLRC Rulings in Illegal Dismissal Cases

A final and executory NLRC decision cannot be modified. Learn what this means for illegal dismissal claims and back wages.

Aug 19, 2003legal redemptioncivil coderural landwritten noticeadjoining ownersproperty law

Right of Legal Redemption: Written Notice Is Mandatory for Adjoining Rural Landowners

Supreme Court rules written notice under Article 1623 is mandatory for legal redemption by adjoining rural landowners, not just a formality.

Aug 19, 2003criminal-law

Eyewitness Identification VS Alibi THE Standard FOR Criminal Conviction IN THE Philippines

Aug 19, 2003murdereyewitness testimonytreacherycriminal lawevidenceaggravating circumstances

Eyewitness Testimony and Treachery: Proving Murder Beyond Reasonable Doubt

How positive eyewitness identification and treachery established murder beyond reasonable doubt in People v. Bagsit, and what this means for criminal cases.

Aug 19, 2003common carriercargo lossextraordinary diligencecivil codenegligencemaritime law

Defining Common Carrier: Liability for Cargo Loss Due to Negligence

Philippine Supreme Court clarifies common carrier status and extraordinary diligence in cargo loss cases, citing Asia Lighterage case.