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显示第 2881–2904 篇,共 24,646 篇文章

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Feb 25, 2020tax lawcapital gains taxshare swapnircsupreme courtcorporate restructuring

Tax-Free Share Swaps in the Philippines: The Co Ruling and CGT Exemptions

The Supreme Court's Co ruling clarifies when share swaps are tax-free under (C)(2) of the NIRC, saving businesses millions.

Feb 24, 2020ombudsmangrave abuse of discretionanti-graftproperty disputecertiorarira 3019

Grave Abuse of Discretion: Ombudsman's Duty and Limits in Graft Cases Involving Property Disputes

The Supreme Court clarifies when the Ombudsman may dismiss graft complaints involving property disputes and what grave abuse of discretion truly means.

Feb 24, 2020ombudsmancertiorarigraft and corruptionra 3019land disputesgrave abuse of discretion

When Can You Challenge an Ombudsman Dismissal? Certiorari Limits Explained

Explore the Supreme Court's ruling in Dormido v. Ombudsman on why certiorari cannot cure errors of judgment in graft case dismissals.

Feb 24, 2020ombudsmangraftcertiorarireal propertyownership disputeanti-graft law

When the Ombudsman Can Dismiss Graft Cases: Ownership Disputes and Certiorari Limits

Explaining when the Ombudsman may dismiss a graft complaint that hinges on a property ownership dispute, and why certiorari cannot cure errors of judgment.

Feb 24, 2020robbery-with-homicidewitness-identificationcriminal-lawsupreme-courtphilippines

When Silence Is Not Golden: Witness Identification in Robbery With Homicide Cases

Supreme Court affirms convictions for robbery with homicide despite delayed witness identification, explaining why silence does not destroy credibility.

Feb 24, 2020property-lawexpropriationjust-compensationeminent-domaindpwhsupreme-court

Navigating Just Compensation in Philippine Expropriation Cases: Insights From a Landmark Ruling

A look at a landmark ruling on just compensation, government delay, and landowner rights in Philippine expropriation cases.

Feb 19, 2020criminal-lawdrug-possessionchain-of-custodyreasonable-doubtra-9165animus-possidendi

Reasonable Doubt and Chain of Custody in Drug Cases: Lessons from People v. Quijano

The Supreme Court explains when a conviction for illegal drug possession stands despite chain of custody issues and claims of lack of knowledge.

Feb 19, 2020maritime lawseafarersdisability benefitspoea-secwork-related illnesshepatitis c

Navigating Work-Related Illnesses: The Legal Path to Disability Benefits for Seafarers

The Supreme Court clarifies when a seafarer's illness is work-related and compensable under the POEA-SEC, including the 240-day disability assessment rule.

Feb 19, 2020seafarer rightsillegal dismissalpoea-seclabor lawovertime payphilippine supreme court

Seafarer Claims After Illegal Dismissal: Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling clarifies what benefits illegally dismissed seafarers can claim, and the strict rules on overtime pay and medical reimbursement.

Feb 19, 2020procedural rulesillegal dismissalseafarersrule 45rule 65prescriptive period

Understanding Procedural Missteps in Philippine Legal Appeals: The Gallego Case

A Supreme Court ruling clarifies when procedural lapses in appeals may be relaxed in favor of substantive justice, especially in illegal dismissal cases.

Feb 19, 2020government procurementra 9184administrative lawpublic biddingnegligencesupreme court

Ensuring Transparency and Fairness in Government Procurement: Lessons from the Philippine Supreme Court

The Supreme Court clarifies procurement rules under RA 9184, distinguishing simple neglect from grave misconduct in public bidding.

Feb 19, 2020constructive dismissalmanagement prerogativeseafarerillegal dismissalprescriptionpoea-sec

Understanding Constructive Dismissal and Management Prerogatives in Philippine Employment Law

A Supreme Court ruling clarifies when a seafarer's cause of action for illegal dismissal accrues, and the limits of management prerogative in terminating overseas employment contracts.

Feb 19, 2020illegal dismissalseafarerspoea-secvacation leaveovertime paymaritime law

Illegal Dismissal and Contractual Rights for Seafarers: Key Lessons from Loadstar v. Erispe

Philippine Supreme Court clarifies seafarers' rights on illegal dismissal, vacation leave, overtime pay, and medical expense claims under the POEA-SEC.

Feb 19, 2020kidnappingransomhomiciderevised penal codecriminal lawsupreme court

Understanding the Legal Consequences of Kidnapping for Ransom with Homicide in the Philippines

A 2020 Supreme Court ruling explains the elements, penalties, and damages for kidnapping for ransom with homicide under Philippine law.

Feb 19, 2020maritime-lawseafarer-rightspoea-secdisability-claimsillegal-dismissaloverseas-employment

Seafarer Disability Claims: Understanding the POEA-SEC Claims Process

A look at how the Supreme Court applies the POEA-SEC's strict procedural rules in seafarer disability and monetary claims.

Feb 19, 2020seafarer rightsmaritime lawillegal dismissalpoea-secprescriptionoverseas employment

Seafarer Rights in Maritime Employment: Illegal Dismissal and Prescription Claims

Philippine Supreme Court clarifies seafarer illegal dismissal claims, prescription periods, and termination pay under POEA-SEC in Gallego v. Wallem Maritime.

Feb 19, 2020preliminary attachmentrule 57fraudres judicatamootnesscivil procedure

Understanding Writs of Preliminary Attachment, Fraud, and Mootness in Philippine Law

The Supreme Court explains when a writ of preliminary attachment based on fraud becomes moot and barred by res judicata.

Feb 19, 2020seafarer rightsdisability benefitspoea-seclabor lawmaritime law

Seafarers' Disability Claims: Why Following the POEA-SEC Medical Process Matters

A Supreme Court ruling shows why seafarers must follow the POEA-SEC's three-doctor rule or risk losing disability claims entirely.

Feb 19, 2020labor lawillegal dismissalseafarerspoea-secprescriptiontermination

Due Process vs Economic Realities: Navigating Termination in Philippine Labor Law

The Supreme Court clarifies when a seafarer's cause of action accrues and what valid termination requires under POEA-SEC.

Feb 19, 2020criminal lawdangerous drugschain of custodybuy-bust operationra 9165section 21

Chain of Custody in Drug Cases: Lessons from People v. Ramos

A buy-bust conviction reversed for broken chain of custody. Learn the Section 21 rules and practical compliance tips.

Feb 19, 2020criminal-lawdangerous-drugschain-of-custodysection-21buy-bustevidence

Chain of Custody in Drug Cases: Why the Three-Witness Rule Matters

The Supreme Court acquitted two drug suspects because police failed the three-witness rule, underscoring why chain of custody is vital.

Feb 19, 2020constructive-dismissallabor-lawillegal-dismissalmanagement-prerogativeterminationsupreme-court

Understanding Constructive Dismissal When Preventive Suspension Becomes Unlawful Termination

The Supreme Court clarifies when a reduced work assignment is valid management prerogative and when a subsequent dismissal becomes illegal.

Feb 19, 2020criminal-lawdrug-seizureschain-of-custodyra-9165three-witness-rulesearch-warrant

Ensuring Integrity in Drug Seizures: The Crucial Role of the Three Witness Rule in Philippine Law

The Supreme Court clarifies that Section 21 of RA 9165 requires three witnesses during drug inventory, even when serving a search warrant.

Feb 18, 2020disbarmentlegal ethicscode of professional responsibilitysupreme courtphilippine lawattorney suspension

Understanding Lawyer Disbarment: Deceit and Disrespect to Legal Processes in the Philippines

A Philippine Supreme Court ruling explains how issuing worthless checks and evading legal proceedings can lead to a three-year suspension from law practice.