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显示第 4489–4512 篇,共 24,668 篇文章

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Jun 6, 2018maritime lawdisability benefitsseafarerspoea-seclabor codeoverseas employment

Seafarers' Disability Benefits: Pre-Existing Conditions and Timely Assessments

Understand when a seafarer's disability is permanent and total, and why the company doctor's timely assessment prevails.

Jun 6, 2018seafarersdisability benefitspoea contractlabor codemaritime lawpermanent total disability

Seafarers Disability: The 240-Day Rule and the Right to Full Benefits

The Supreme Court clarifies when a seafarer's disability is deemed permanent and total under the 240-day rule, and why a timely company-doctor assessment matters.

Jun 6, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustacquittal

Chain of Custody Breaches Lead to Acquittal in Drug Sale Case

Supreme Court acquits drug suspects after police fail to justify missing DOJ and media witnesses during inventory under Section 21.

Jun 6, 2018anti-traffickingra-9208qualified-traffickingminorsprostitutioncriminal-law

Exploitation of Minors: Upholding the Anti-Trafficking Law in the Philippines

The Supreme Court affirms life imprisonment for trafficking a minor into prostitution, clarifying that a child's consent or voluntary act does not negate liability under RA 9208.

Jun 6, 2018slappdomestic violencera 9262protection ordersupreme courtfamily law

SLAPP Defense Not Available in Domestic Violence Cases: Protecting Due Process and Preventing Abuse of Remedie

Supreme Court rules SLAPP defense applies only to environmental cases, not domestic violence cases under RA 9262.

Jun 6, 2018criminal lawevidenceres gestaedying declarationtreacheryhomicide

Res Gestae vs Dying Declaration: Homicide Without Treachery in Philippine Law

Philippine Supreme Court clarifies res gestae vs dying declaration, and why treachery must be proven to convict for murder.

Jun 6, 2018preliminary attachmentgarnishmentpublic fundsadministrative lawdue processjudicial ethics

Premature Attachment of Public Funds and Provisional Remedies in Philippine Law

A Supreme Court ruling on when garnishment of government funds is premature, and why administrative complaints cannot replace lost judicial remedies.

Jun 6, 2018labor lawoverseas employmentsecurity of tenureillegal dismissalmigrant workersdue process

Gopio v. Bautista: Security of Tenure for OFWs and the Limits of Contractual Termination Clauses

The Supreme Court voided a contract clause allowing an employer to dismiss an overseas worker on any ground with one month's pay, reaffirming security of tenure for OFWs.

Jun 6, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustacquittal

Chain of Custody in Drug Cases: Protecting Rights Through Strict Procedure

The Supreme Court acquits a drug suspect over police lapses in Section 21 procedure, reaffirming that strict compliance protects the innocent.

Jun 6, 2018labor-lawconstructive-dismissalretirement-payabandonmentillegal-dismissalsupreme-court

Retirement Benefits Determine Employee Status in Constructive Dismissal Cases

A bus driver who stopped reporting for work was not constructively dismissed but still entitled to retirement pay.

Jun 6, 2018criminal-lawdrug-offenseschain-of-custodysection-21buy-bust-operationconstitutional-rights

Unlawful Arrest Invalidates Drug Possession Charges Protecting Constitutional Rights

Supreme Court acquits drug suspects over Section 21 violations, emphasizing the three-witness rule and chain of custody requirements.

Jun 6, 2018criminal lawdrug casesprocedural compliancerights of the accusedphilippine law

Safeguarding Rights: The Importance of Procedural Compliance in Drug Cases

Learn how procedural compliance protects rights in Philippine drug cases, as illustrated by a recent Supreme Court decision.

Jun 6, 2018criminal lawdrug offensesra 9165chain of custodybuy-bust operationevidence

Safeguarding Rights: The Supreme Court's Stance on Drug Evidence Integrity

The Supreme Court acquits a drug suspect after police failed to follow Section 21 of RA 9165, stressing that strict compliance with the chain of custody rule is mandatory, not optional.

Jun 6, 2018trademarkintellectual propertyprior userelated goodsipocommercial law

Trademark Ownership Rests on Prior Use, But Related Goods Still Matter

Philippine Supreme Court clarifies trademark ownership via prior use and the test for related goods in SAKURA dispute.

Jun 6, 2018civil lawjurisdictionpartitionassessed valuebp 129property law

Jurisdictional Thresholds in Property Partition: Assessed Value as Key Determinant

Philippine Supreme Court clarifies that partition actions require alleging the property's assessed value to determine which court has jurisdiction.

Jun 6, 2018property-lawpublic-land-actmiscellaneous-sales-applicationland-dispositiondenr

Priority in Public Land Sales: Prior Application vs Length of Occupancy

In public land sales, the date of application generally prevails over length of occupancy. Galindez v. Firmalan explains why.

Jun 6, 2018partitionjurisdictioninheritancecivil-lawassessed-valueheirs

Heirs Inheritance Rights Partitioning Property Despite Unsettled Estates

Partition suits need the property's assessed value in the complaint; otherwise, courts lack jurisdiction and the case is dismissed.

Jun 6, 2018labor lawillegal dismissalretirement payabandonmentlabor code

When a Bus Driver's Sabbatical Becomes a Retirement Claim: The Macuray Case

The Supreme Court clarifies when a driver's break from work is abandonment, sabbatical, or retirement—and what benefits are due.

Jun 6, 2018maritime-law

Overcoming Concealment Claims Seafarers Right TO Disability Benefits Despite Prior Condition

Jun 6, 2018criminal lawdangerous drugschain of custodysection 21buy-bust operationevidence

Chains Unbroken Safeguarding Rights In Drug Cases Through Evidence Integrity

The Supreme Court acquits a drug suspect over broken chain of custody and missing Section 21 witnesses, reaffirming strict compliance.

Jun 6, 2018criminal lawdrug caseswarrantless arrestchain of custodyreasonable doubtra 9165

Reasonable Doubt When Police Testimony Fails in Drug Cases

The Supreme Court acquits a drug suspect when police conduct an invalid warrantless arrest and break chain of custody rules.

Jun 4, 2018quieting of titlebest evidence ruleland disputesproperty lawrules of courtownership

Quieting of Title and the Best Evidence Rule in Philippine Land Disputes

Philippine Supreme Court ruling on quieting of title, best evidence rule, and proving ownership in land disputes.

Jun 4, 2018criminal-lawtreacherymurderhomiciderevised-penal-codesupreme-court

Treachery Unproven When A Sudden Attack Doesnt Automatically Mean Murder

Supreme Court clarifies that sudden attacks do not automatically prove treachery, downgrading murder to homicide in People v. Francisco.

Jun 4, 2018bangko sentralpdicreceivershipbank closurejurisdictioncivil procedure

Who Can Sue on Behalf of a Closed Bank Under Receivership

The Supreme Court explains why only the PDIC, as receiver, may sue for a closed bank, and where to file cases against the BSP.