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显示第 4369–4392 篇,共 24,665 篇文章

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Jul 4, 2018labor-lawregular-employeelabor-only-contractingindependent-contractorillegal-dismissalcocacola

Regular Employee Status: Distinguishing Independent Contractors From Labor-Only Contracting

Philippine Supreme Court clarifies when workers are regular employees despite agency transfers, distinguishing independent contractors from labor-only contracting.

Jul 4, 2018environmental-lawancestral-landsindigenous-peoples-rightswatershed-protectionbaguioinjunction

Upholding Watershed Preservation When Ancestral Land Claims Clash With Environmental Protection In Baguio

The Supreme Court rules that pending ancestral land claims do not justify injunctions against demolition in the Busol Watershed, prioritizing environmental preservation.

Jul 4, 2018maritime-lawseafarer-disabilitypoea-seclabor-lawthird-doctordisability-benefits

Third Doctor's Opinion Prevails in Seafarer Disability Claims: Clarifying Conflict Resolution Under POEA-SEC

Supreme Court clarifies that a seafarer's disability grade is determined by the company-designated physician's assessment, unless a third doctor's opinion is obtained.

Jul 4, 2018probable causeanti-traffickingra 9208criminal procedurewarrant of arrestsupreme court

Probable Cause in Trafficking Cases: The Two Kinds of Determination Under Philippine Law

A Supreme Court ruling clarifies the difference between executive and judicial probable cause in trafficking cases, and why judges should not dismiss cases prematurely.

Jul 4, 2018ancestral landsipra lawindigenous peoplesland registrationforest reservenative title

Ancestral Land Rights Prevail: Registration Allowed Despite Forest Reserve Status

Supreme Court rules ancestral lands occupied since time immemorial may be registered even if located inside a forest reserve, applying IPRA Law.

Jul 4, 2018labor-lawregular-employmentlabor-only-contractingillegal-dismissaljurisprudence

Regular Employment and Labor-Only Contracting: Lingat v. Coca-Cola Bottlers

Supreme Court clarifies when agency-hired workers are regular employees of the principal employer, and the limits of labor contracting.

Jul 4, 2018legal ethicslawyer negligencecode of professional responsibilityclient fundsadministrative case

When Lawyers Fall Short: Negligence and Client Funds in Philippine Legal Ethics

A Supreme Court ruling on lawyer negligence, missed deadlines, and mishandled client funds—and what it means for clients.

Jul 4, 2018procedural rulescertiorariforum shoppinglabor lawcourt of appealsrule 65

Procedural Rigidity vs Substantive Justice: Dismissal for Non-Compliance in Philippine Courts

Philippine courts may dismiss petitions for certiorari for procedural lapses like defective forum shopping certificates. Learn the rules.

Jul 4, 2018criminal-lawdrug-offenseschain-of-custodyreasonable-doubtra-9165evidence

Chain of Custody in Drug Cases: Integrity of Evidence and the Reasonable Doubt Standard

Why failure to follow Section 21, RA 9165 chain of custody rules and conflicting police testimony led to acquittal in a drug sale case.

Jul 4, 2018labor-lawregular-employmentlabor-codesecurity-of-tenurepoultry-farmsillegal-dismissal

Regular Employment in Poultry Farms: Length of Service and Necessity of Work

Supreme Court clarifies when maintenance workers in poultry farms become regular employees under Philippine labor law.

Jul 4, 2018seafarers-rightsdisability-benefitspoea-secmaritime-lawphilippine-labor-lawtotal-disability

Seafarers Rights: When Delayed Medical Assessment Means Total Disability

Learn how a company doctor's failure to assess a seafarer within 120 days can result in total permanent disability benefits under POEA rules.

Jul 4, 2018ombudsmanadministrative lawpublic servicedismissalimmediate executionsaln

Immediate Execution of Ombudsman Decisions: Protecting Public Service Integrity

Learn why Ombudsman dismissal orders take effect immediately despite pending motions for reconsideration, and what this means for public officers.

Jul 4, 2018unlawful detainerejectmenttolerancecivil lawproperty lawsupreme court

Unlawful Detainer: Proving Tolerance Is Key to a Successful Ejectment

Philippine Supreme Court explains why owners must prove tolerance to win an unlawful detainer case, and what happens when they fail.

Jul 4, 2018legal ethicslawyer disciplinenegligenceclient fundscode of professional responsibilitysupreme court

Lawyer Suspended One Year for Negligence and Misuse of Client Funds in Property Titling Case

A lawyer's failure to file an appeal brief and return client funds leads to one-year suspension, affirming fiduciary duties.

Jul 4, 2018murdertreacheryconspiracyrevised penal codecriminal lawsupreme court

Treachery and Conspiracy in Murder Cases: Lessons from People v. Bermudo

The Supreme Court explains how treachery and conspiracy establish guilt in murder cases, using the Bermudo case as a guide.

Jul 3, 2018local-governmentfiscal-autonomyinternal-revenue-allotmentconstitutional-lawmandanas-rulingnational-taxes

Mandanas Ruling: LGUs' Just Share Must Come From All National Taxes

The Supreme Court expands the base for computing LGUs' just share in national taxes, clarifying the scope of fiscal autonomy under the Constitution.

Jul 3, 2018administrative-law

Taxation OF Government Employee Benefits Defining Taxable Compensation VS Exempt Benefits

Jul 3, 2018legislative contemptsenate inquiryconstitutional lawright to libertyanti-hazing act

Senate Contempt Powers: When Legislative Inquiry Detention Must End

Philippine Supreme Court ruling on Senate contempt detention limits during legislative inquiries, balancing legislative power and individual rights.

Jul 3, 2018disbarmentcode of professional responsibilitynotarial practicelegal ethicssupreme court

Upholding Attorney Accountability: Disbarment for Faking a Court Decision

A lawyer who notarized without the client present and fabricated a court decision was disbarred by the Supreme Court.

Jul 3, 2018labor-lawgovernment-employee-benefitsbirtaxationwithholding-taxsupreme-court

Government Employee Benefits: BIR Authority and the Limits of Compromise

The Supreme Court rules on BIR's power to tax government employee benefits and the limits of taxing allowances under RMO No. 23-2014.

Jul 3, 2018legal ethicsadministrative lawsupreme courtdisciplinary casesfines

When the Court Reduces a Lawyer's Fine: Mitigating Circumstances in Philippine Ethics Cases

In Domingo v. Revilla, the Supreme Court cut a disbarred lawyer's P100,000 ethics fine to P50,000 after he cited illness, remorse, and loss of livelihood.

Jul 3, 2018legal ethicsdisbarmentnotarial practicecode of professional responsibilitysupreme court

Disbarment for Forging Court Decisions: A Lesson in Legal Ethics

When a lawyer faked a court decision to deceive a client, the Supreme Court imposed the ultimate penalty: disbarment.

Jul 3, 2018local autonomyinternal revenue allotmentmandanas rulingconstitutional lawlocal government codefiscal decentralization

Local Autonomy vs Congressional Power: Defining the Just Share in National Taxes

The Mandanas ruling redefined the LGU just share in national taxes, expanding the base beyond internal revenue taxes.

Jul 2, 2018assurance fundtorrens systemland registrationprescriptionproperty law

Assurance Fund Claims: When the Prescriptive Period Starts for Defrauded Landowners

The Supreme Court clarifies when the six-year period to claim the Assurance Fund begins for landowners defrauded under the Torrens system.