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显示第 18769–18792 篇,共 24,859 篇文章

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Mar 3, 2003suretydeficiency claimcollection suitdemandforeclosurecivil procedure

Surety Bonds, Deficiency Claims, and the Burden of Proof in Collection Suits

The Supreme Court clarifies when a demand for payment is valid and what evidence creditors must present to collect a deficiency after foreclosure.

Mar 3, 2003cyber-libelprescriptionrevised-penal-codecybercrime-prevention-actsupreme-courtcriminal-law

Cyber Libel Prescription: One Year from Discovery, Not Publication

The Supreme Court clarifies that cyber libel prescribes in one year from discovery, not publication, and settles the doctrinal value of unsigned resolutions.

Mar 3, 2003property-lawforeclosurewrit-of-possessionact-no-3135redemptionsupreme-court

Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession

Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.

Mar 3, 2003corporate lawintra-corporate disputespiercing corporate veildamagessupreme court

Reopening Corporate Disputes: Finality, Fraud, and the Abadilla Case

The Supreme Court clarifies when courts may reopen proceedings, pierce corporate veils, and award damages in intra-corporate disputes.

Mar 3, 2003administrative lawcourt personnelmisconductsmoking bansupreme court

Workplace Misconduct and Immorality: Defining Acceptable Behavior in the Philippine Judiciary

A Supreme Court ruling reminds court personnel that smoking or vaping inside court premises is a punishable offense, even when the photo evidence is unclear.

Mar 3, 2003legal-ethics

Judicial Competence THE Imperative OF Legal Awareness FOR Judges IN Issuing Hold Departure Orders

Mar 3, 2003gross immoralityjudicial disciplinecode of professional responsibilitydisbarmentjudgeslegal ethics

When a Judge's Private Misconduct Becomes a Public Offense: The Aranas Case

The Supreme Court dismissed a judge for an extramarital affair and suspended him from law practice, clarifying ethical standards for judges and lawyers.

Mar 3, 2003quasi-delictnegligencevicarious liabilityinsurance subrogationcivil codetraffic law

Quasi-Delict Liability in Vehicular Accidents: When Negligence and Vicarious Responsibility Override Defenses

Supreme Court affirms insurer's subrogation claim, holding driver negligent and employer vicariously liable for damages in vehicular accident.

Mar 3, 2003quasi-delictnegligencevicarious liabilitycivil codevehicular accidentinsurance subrogation

Quasi-Delict Liability in Vehicular Accidents: When Negligence Is Proven

A look at a Supreme Court ruling on quasi-delict liability, negligence, and vicarious liability in a vehicular accident case.

Mar 3, 2003kidnapping-for-ransomconspiracycriminal-lawrevised-penal-codedeath-of-accusedsupreme-court

Kidnapping for Ransom Conviction Affirmed: The Law on Conspiracy and Death of an Accused

The Supreme Court affirms kidnapping-for-ransom convictions, explains conspiracy, and clarifies that an accused's death extinguishes criminal and civil liability.

Mar 3, 2003real-estate-law

Conditional Sales OF Real Estate Reinstatement Rights Under R A 6552

Mar 3, 2003reckless imprudencerevised penal codecriminal lawvehicular accidenthomicidemitigating circumstances

When Reckless Imprudence Causes Death: Penalties, Contributory Negligence, and Voluntary Surrender

The Supreme Court clarifies penalties for reckless imprudence resulting in homicide, when contributory negligence matters, and why voluntary surrender may not reduce the sentence.

Mar 3, 2003rapecriminal lawwitness credibilityrevised penal codesupreme court

Rape Conviction Upheld on Credible Testimony Despite Lack of Medical Evidence

The Supreme Court affirmed a rape conviction based on the victim's credible testimony and threats, showing that medical evidence is not required to prove the crime.

Feb 28, 2003criminal-law

Rape Conviction Requires Clear Allegations Understanding THE Importance OF Specificity IN Criminal Informations

Feb 28, 2003criminal-lawrapechild-witnesscredibilityqualifying-circumstancesrevised-penal-code

Child Witness Credibility in Rape Cases: Why Qualifying Circumstances Must Be Alleged

How Philippine courts assess a child rape victim's testimony and why unalleged qualifying circumstances reduce the penalty to reclusion perpetua.

Feb 28, 2003administrative lawclerk of courtdishonestygross neglect of dutydismissalcourt funds

Breach of Trust: Dismissal of Court Clerk for Dishonesty and Neglect of Duty

Court clerk dismissed for dishonesty, gross neglect of duty, and absenteeism after failing to remit court funds and depositing cash bonds late.

Feb 28, 2003double jeopardycriminal procedureprovisional dismissalspeedy trialright to fair trial

Double Jeopardy and Reinstating a Dismissed Criminal Case: What the Supreme Court Says

When can a dismissed criminal case be reinstated without violating double jeopardy? The Supreme Court explains the rules on provisional dismissal.

Feb 28, 2003encroachmentproperty boundariesland ownershipsurveycivil lawtorrens title

Encroachment and Land Ownership: How Philippine Courts Settle Property Boundary Disputes

Philippine law on encroachment and boundary disputes explained through Bernaldez v. Francia, including survey evidence rules and property rights.

Feb 28, 2003sheriffdereliction of dutywrit of executionadministrative casecivil procedure

Sheriff Dereliction of Duty: When Delayed Execution Violates Judicial Mandate

Philippine Supreme Court ruling on sheriffs' ministerial duty to execute writs promptly, with lessons on process server obligations.

Feb 28, 2003chattel mortgagedeficiency judgmentforeclosurecredit and collectioncommercial law

Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?

Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.

Feb 28, 2003sheriffswrit of executiondereliction of dutyadministrative lawjudicial ethicsprocess server

Sheriffs Held Accountable for Neglecting Writs of Demolition

Philippine Supreme Court rules sheriffs must implement writs promptly; delays and procedural shortcuts draw fines for dereliction of duty.

Feb 27, 2003conspiracyhomicidecriminal lawrevised penal codephilippine supreme court

Accountability for Conspiracy: Identifying Active Roles in Homicide Cases

A Supreme Court ruling explains how conspiracy in homicide is proven and why all participants share equal liability for the crime.

Feb 27, 2003estafarevised-penal-codeproperty-salesmisrepresentationswindlingsupreme-court

Misrepresentation and Estafa: When Silence Isn't Golden in Property Sales

Philippine Supreme Court ruling on estafa under Article 316(2) RPC, the need for express misrepresentation, and civil liability for bad faith sales.

Feb 27, 2003labor lawillegal dismissalseparation paydisease as ground for terminationdue processemployer-employee relationship

Dismissal for Illness: Employer Must Prove Disease Grounds and Due Process

Philippine Supreme Court ruling on when an employer may validly terminate an employee due to disease, and the separation pay owed.