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显示第 2665–2688 篇,共 24,643 篇文章

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Jul 15, 2020unlawful detainerejectmenttoleranceproperty disputespossessionreal estate law

Understanding Unlawful Detainer When Tolerance Must Be Proven in Property Disputes

The Supreme Court explains when an owner cannot use unlawful detainer to evict occupants without proving clear tolerance or permission.

Jul 15, 2020unlawful detainerreal party in interestrules of courtejectmentphilippine army

Real Party in Interest in Unlawful Detainer: Lessons from Collao v. Albania

The Supreme Court clarifies who may sue for unlawful detainer and why procedural technicalities should not delay eviction cases.

Jul 15, 2020criminal-lawrapechild-abusera-7610supreme-courtlascivious-conduct

Understanding the Fight Against Human Trafficking: Insights From a Landmark Philippine Supreme Court Case

A Supreme Court ruling clarifies the distinction between rape, sexual assault, and lascivious conduct under Philippine law, offering key insights for child abuse cases.

Jul 15, 2020maritime lawvessel collisioncommon carrierinsurance subrogationcode of commerce

Maritime Liability in Vessel Collisions: Fault, Insurance Claims, and the Code of Commerce

When vessels collide, determining liability depends on the cause of action—contract or tort. The Supreme Court clarifies the governing rules.

Jul 15, 2020criminal-lawdangerous-drugschain-of-custodysection-21buy-bustra-9165

Understanding Drug Transportation and Chain of Custody Rules From a Landmark Philippine Case

A Supreme Court ruling on a buy-bust case clarifies when lapses in the chain of custody of seized drugs can lead to acquittal.

Jul 15, 2020illegal dismissalabandonment of employmentlabor standardswage disputesbackwageslabor code

Illegal Dismissal and Wage Claims: Lessons from Lusabia v. Super K Drug Corporation

A Supreme Court ruling clarifies abandonment of employment, the employer's burden of proof in wage disputes, and remedies for illegally dismissed workers.

Jul 15, 2020criminal lawdangerous drugschain of custodysection 21buy-bust operationevidence

Why Witness Presence in Drug Seizures Matters: People v. Abueva

The Supreme Court acquitted a drug suspect because police failed to secure required witnesses during seizure and inventory. Learn the rules.

Jul 15, 2020search warrantcriminal procedureconstitutional lawdrug casesbill of rightsparticularity

Particularity in Search Warrants: What Diaz v. People Means for Your Rights

The Supreme Court explains when a search warrant's description of a place is sufficiently particular under the Constitution, using Diaz v. People.

Jul 15, 2020property-lawland-registrationalienable-and-disposablepd-1529supreme-courtpublic-domain

Land Registration in the Philippines: Proving Alienable and Disposable Status

Philippine land registration requires proof that property is alienable and disposable public land. A recent Supreme Court ruling explains the strict requirements.

Jul 15, 2020labor-lawretrenchmentillegal-dismissalemployee-rightsterminationlabor-code

Understanding Retrenchment Legal Requirements and Employee Rights in the Philippines

Philippine Supreme Court clarifies retrenchment rules: employers must prove serious losses, use fair criteria, and follow notice requirements.

Jul 14, 2020labor lawillegal dismissalseparation payjust causedue processtermination

Valid Dismissal and Separation Pay: Key Lessons from a 2020 Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when dismissal for willful disobedience is valid and when separation pay may—or may not—be granted.

Jul 14, 2020criminal procedurearraignmentspeedy trialpreliminary investigationsupreme courtrule 116

The 60-Day Rule on Suspension of Arraignment: A Philippine Supreme Court Case Insight

Learn how the 60-day limit on suspending arraignment under Rule 116 protects the right to speedy trial, explained through a 2020 Supreme Court ruling.

Jul 14, 2020homestead rightspublic land actright to repurchaseproperty lawsupreme court

Right to Repurchase Homestead Land: Key Supreme Court Ruling Explained

The Supreme Court reaffirms a homesteader's right to repurchase sold land within five years under Section 119 of the Public Land Act.

Jul 14, 2020legal ethicsdisbarmentlawyer misconductcode of professional responsibilityclient fundsmisappropriation

Lawyer Misconduct: Disbarment for Dishonesty and Misappropriation of Client Funds

When lawyers deceive clients and misuse entrusted funds, the Supreme Court can impose the ultimate penalty: disbarment. Learn from a recent case.

Jul 14, 2020legal ethicsdisbarmentcode of professional responsibilityclient fundssupreme court

When Lawyers Cross the Line: Disbarment for Misappropriating Client Funds

A Supreme Court ruling disbarred two lawyers for misappropriating a client's P5 million, underscoring the strict fiduciary duties of attorneys.

Jul 13, 2020labor-lawillegal-dismissalreinstatementlength-of-serviceseniority-rightssecurity-of-tenure

Reinstatement and Length of Service: Employee Rights in Illegal Dismissal Cases

When illegally dismissed employees return to work, does their service clock reset? The Supreme Court clarifies the reckoning point for length of service.

Jul 13, 2020labor-lawregular-employmentproject-employeessecurity-of-tenureillegal-dismissalconstruction-industry

Understanding Regular Employment: How the Nature of Work Determines Employee Status in the Philippines

The Supreme Court clarifies when construction workers become regular employees entitled to security of tenure, not merely project-based hires.

Jul 13, 2020anti-graft lawpublic procurementsandiganbayancorruptionra 3019criminal law

Public Procurement and the Anti-Graft Law: Lessons from Coloma v. People

A police official's conviction for violating Section 3(e) of R.A. 3019 shows how flawed procurement and bad faith lead to graft liability.

Jul 13, 2020labor-lawproject-employmentregular-employmentillegal-dismissalconstruction-industrysecurity-of-tenure

Regular vs Project Employment: Key Insights From a Landmark Supreme Court Case

The Supreme Court clarifies the distinction between regular and project employees in the construction industry, emphasizing the employer's burden of proof.

Jul 13, 2020arbitrationciacconstruction lawfinality of awardsrule 45dpwh

Finality of CIAC Awards: Supreme Court Upholds Arbitration in Construction Disputes

The Supreme Court reaffirms that CIAC arbitral awards are final and binding, reviewable only on pure questions of law, not factual findings.

Jul 13, 2020criminal-lawchain-of-custodydangerous-drugsra-9165illegal-possessionshabu

Understanding the Chain of Custody in Drug Possession Cases: Insights from Philippine Jurisprudence

The Supreme Court explains the chain of custody rule in drug cases and clarifies penalties for illegal possession of shabu.

Jul 13, 2020criminal-law

Ensuring Chain OF Custody THE KEY TO Successful Drug Related Prosecutions IN THE Philippines

Jul 13, 2020legal ethicsattorney's feescode of professional responsibilitylawyer misconductsupreme court

Attorney-Client Trust: Lessons from a Philippine Supreme Court Ruling on Lawyer Misconduct

A Philippine Supreme Court ruling on lawyer misconduct clarifies candor duties, attorney's fees, and the penalties for unethical conduct.

Jul 13, 2020agrarian reformjust compensationland bankinterest ratesproperty lawcompensation delay

Just Compensation Interest Rates and Payment Delays in Agrarian Reform

Learn how the Supreme Court rules on interest for delayed agrarian reform compensation, including the reckoning date and applicable rates.