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显示第 18745–18768 篇,共 24,859 篇文章

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Mar 10, 2003legal ethicsattorney suspensionclient fundscode of professional responsibilitylawyer accountabilityfiduciary duty

Lawyers Who Withhold Client Funds Face Suspension: Lessons from Manalang v. Angeles

A lawyer's unauthorized compromise and withholding of client funds led to suspension. Learn the ethical rules on attorney accountability.

Mar 10, 2003tax delinquencypublic auctionreal propertycommonwealth act 470tax sale

Tax Delinquency Auctions: When a Bid Before the Auction Date Is Not a Valid Bid

A Supreme Court ruling clarifies that paying delinquent taxes before an auction date does not constitute a valid bid, and why procedural regularity matters.

Mar 10, 2003judicial ethicsjudicial impartialitycode of judicial conductadministrative lawphilippine supreme court

Judicial Impartiality: How the Supreme Court Enforces Ethical Conduct in Philippine Courts

A 2003 Supreme Court ruling shows that a judge who suggests settlement terms to a litigant violates judicial ethics and erodes public trust in the courts.

Mar 10, 2003criminal-law

Reasonable Doubt Acquittal DUE TO Inconsistent Witness Testimony IN Murder Case

Mar 6, 2003sheriffsadministrative lawexecution of judgmentsrule 141court procedure

Sheriff's Duty on Execution Expenses: Proper Handling of Funds and Court Orders

A sheriff's failure to follow Rule 141 procedures for execution expenses and implement demolition orders results in administrative liability.

Mar 6, 2003legal ethicsgross immoral conductindefinite suspensioncode of professional responsibilitydisbarment proceedings

Indefinite Suspension for Lawyer’s Gross Immoral Conduct: Zaguirre v. Castillo

The Supreme Court indefinitely suspends a lawyer for siring a child outside marriage and reneging on his sworn support, reaffirming that lawyers must uphold moral standards at all times.

Mar 6, 2003criminal-lawself-defensetreacherymurderrevised-penal-codesupreme-court

Self-Defense and Treachery: The Boundaries of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when self-defense fails and treachery qualifies killing as murder under Philippine law.

Mar 5, 2003criminal lawdue processwaiver of rightscapital offensesright to present evidencepeople v bodoso

Safeguarding Due Process: Ensuring Informed Waiver of Rights in Capital Offenses

Trial courts must conduct a searching inquiry before accepting an accused's waiver of the right to present evidence in capital cases.

Mar 5, 2003criminal-lawdying-declarationjuvenile-offendersrape-with-homicidereclusion-perpetuarules-of-court

Dying Declarations and Juvenile Offenders: Defining Justice in Rape with Homicide Cases

The Supreme Court affirms a rape-with-homicide conviction based on a dying declaration but spares a 15-year-old from death.

Mar 5, 2003criminal-lawdying-declarationrape-with-homicideminorityevidencerevised-penal-code

Dying Declarations in Rape-Homicide: Admissibility and the Minor Offender's Penalty

A rape-homicide conviction anchored on the victim's dying declaration, and why the minor accused escaped the death penalty.

Mar 5, 2003maritime lawseafarer rightsemployment contractmanning agencyillegal dismissalpoea rules

Upholding Seafarer Rights: Vessel Use Change Does NOT Void Employment Contracts

Supreme Court rules a vessel's change from overseas to coastwise use does not invalidate a seafarer's employment contract or the manning agent's liability.

Mar 4, 2003foreclosureextrajudicial foreclosurepublication requirementact 3135property lawmortgage

Foreclosure Sales: Strict Compliance With Publication Requirements

When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.

Mar 3, 2003commercial-law

Navigating Money Market Overpayments Estoppel AND Negligence IN Financial Transactions

Mar 3, 2003escrowproperty rightslitigationjudicial remediesphilippine law

Escrow Orders Protecting Property Rights Pending Litigation in the Philippines

Philippine courts may issue escrow orders to protect property rights during litigation. Learn the rules, requirements, and practical implications.

Mar 3, 2003labor-law

Modernization VS Union Activity Balancing Business Decisions AND Employee Rights IN Retrenchment

Mar 3, 2003administrative lawjudicial ethicstemporary restraining ordergross ignorance of the lawharassment suitrule 58

When Court Errors Are Not Misconduct: Lessons from Tallado v. Racoma

The Supreme Court clarifies when a judge's erroneous ruling is a judicial matter, not administrative misconduct, and warns against harassment suits.

Mar 3, 2003solutio indebitiunjust enrichmentmistaken paymentcivil lawquasi-delict

Mistaken Payment: Recouping Funds Paid Under a False Belief of Co-Ownership

When money is paid by mistake under an assumed co-ownership, Philippine law allows recovery. Learn when solutio indebiti applies and how courts rule.

Mar 3, 2003land titlesreconstitutionra 26property lawsupreme courtcertificate of title

Reconstitution of Lost Titles: SC Clarifies Evidence Rules Under RA 26

Supreme Court clarifies standards for judicial reconstitution of lost certificates of title, applying Republic Act No. 26 and Bercede guidelines.

Mar 3, 2003reconstitution of titlerepublic act no. 26land registrationtransfer certificate of titlesupreme courtproperty law

Reconstitution of Lost Title: Court Clarifies Burden of Proof Under RA 26

Supreme Court clarifies the rules on judicial reconstitution of lost titles, emphasizing the order of sources and burden of proof under RA 26.

Mar 3, 2003lease assignmentsubrogationdebtor substitutioncivil coderental arrearsnovation

Assignment of Lease and Liability for Rental Arrears: A Philippine Supreme Court Ruling

When a lessee assigns a lease, does the assignee inherit unpaid rentals? The Supreme Court clarifies the rules on subrogation and debtor substitution.

Mar 3, 2003civil lawbankingsolutio indebitiunjust enrichmentgross negligencecheck clearing

Bank Negligence Bars Recovery: Solutio Indebiti and Unjust Enrichment in Check Clearing Errors

Supreme Court rules banks cannot recover funds lost to their own gross negligence in check clearing, explaining solutio indebiti and unjust enrichment.

Mar 3, 2003contempt of courtfinality of judgmentdisbarmentcode of professional responsibilitywrit of executionlawyer discipline

Contempt of Court for Disobeying a Final Judgment in a Disbarment Case

A disbarred lawyer's repeated refusal to return client funds leads to indirect contempt, fines, and a writ of execution.

Mar 3, 2003suretyshipdeficiency claimdemand requirementcollection suitcivil code

Surety Bonds and Deficiency Claims: Why Evidence of Demand and Computation Matters

Philippine Supreme Court ruling on suretyship, deficiency claims, and the need for valid demand with clear computation of amounts owed.

Mar 3, 2003vat-refundtaxationequal-protectionsupreme-courtrepublic-act-12079tourism

Supreme Court Upholds VAT Refund Law for Foreign Tourists

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection and uniform taxation.