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显示第 433–456 篇,共 24,590 篇文章

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Nov 13, 2023labor lawterminationserious misconductjust causeemployee rightsjurisprudence

Employee Misconduct and Termination: Understanding Just Cause in the Philippines

When does employee misconduct justify termination in the Philippines? The Supreme Court clarifies the rules on serious misconduct and just cause.

Nov 13, 2023statutory rapequalified rapera 7610lascivious conductcriminal law

Statutory Rape in the Philippines: Understanding Consent and the Role of Minority

The Supreme Court clarifies when rape becomes qualified and how minority and relationship must be alleged and proven in Philippine criminal cases.

Nov 13, 2023acquisitive prescriptionpartitionproperty lawcivil codeinheritanceco-ownership

Acquisitive Prescription and Partition: Understanding Property Rights in the Philippines

Learn how acquisitive prescription and partition work in Philippine property law through a recent Supreme Court ruling on family inheritance disputes.

Nov 13, 2023ra 9262psychological violenceabandonmentvawcfamily lawcriminal law

Abandonment as Psychological Violence: Understanding RA 9262 in Philippine Law

The Supreme Court ruled that a husband's abandonment of his wife can be psychological violence under RA 9262, explaining the elements and penalties.

Nov 13, 2023ra 7610lascivious conductchild abusequalified rapestepfather abuse

Protecting Children When a Stepfather's Actions Constitute Lascivious Conduct Under RA 7610

The Supreme Court clarifies when a stepfather's lewd acts against his common-law wife's child constitute lascivious conduct under RA 7610, not mere acts of lasciviousness.

Nov 13, 2023civil serviceadministrative lawcscnapolcomdishonestyeligibility

CSC Can Act on PDS Misrepresentation Despite Prior NAPOLCOM Ruling

The Supreme Court clarifies when the CSC may pursue eligibility-related administrative cases despite a prior NAPOLCOM ruling on the same facts.

Nov 13, 2023telecommunicationsntc3g frequencyadministrative lawregulatory discretionpublic policy

3G Frequency Allocation and the NTC's Regulatory Discretion: Lessons from Next Mobile v. NTC

The Supreme Court affirms the NTC's broad discretion in allocating 3G frequencies, clarifying the limits of judicial review over technical regulatory decisions.

Nov 13, 2023simple robberyextortionrevised penal codepublic officersentrapmentsupreme court

Extortion Under the Color of Authority: Understanding Simple Robbery in the Philippines

When court employees demand money to perform official duties, they commit simple robbery. The Supreme Court explains why in Peralta v. People.

Nov 12, 2023tax evasioncivil liabilitytax assessmentcourt of tax appealsbircriminal law

When Tax Assessments Are Not Required: Civil Liability in Philippine Tax Evasion Cases

Philippine Supreme Court clarifies when a formal BIR tax assessment is not required to hold taxpayers civilly liable in criminal tax evasion cases.

Nov 12, 2023agrarian reformdarbeneficiary disqualificationra 6657real party-in-interestbalucan vs nageli

When Can DAR Disqualify an Agrarian Reform Beneficiary? The Balucan Ruling

The Supreme Court clarifies who may file to disqualify an agrarian reform beneficiary and why landowners are not real parties-in-interest.

Nov 12, 2023foreign arbitral awardsnew york conventionadr actspecial adr rulesmanis shippingarbitration enforcement

Enforcing Foreign Arbitral Awards in the Philippines: The Authentication Requirement

Learn why authenticated arbitration agreements are jurisdictional requirements for enforcing foreign arbitral awards in Philippine courts, as ruled in Manis Shipping.

Nov 12, 2023qualified rapemoral ascendancylascivious conductra 7610child protectioncriminal law

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

Nov 12, 2023vawcfinancial abuseeconomic abusera 9262supreme courtcriminal law

Financial Abuse Under VAWC: Why Intent Matters in RA 9262 Cases

The Supreme Court clarifies that financial abuse under RA 9262 requires proof of intent to cause emotional anguish, not just denial of support.

Nov 12, 2023labor lawthird-party claimexecution of judgmentnlrcdeclaratory relief

Third-Party Claims in Labor Disputes: Protecting Assets from Wrongful Levy

Learn how the Supreme Court protects third-party asset owners from wrongful levy in labor dispute executions, and the proper remedies available.

Nov 8, 2023real-estate-lawtax-delinquencyredemptionlocal-government-codeproperty-rightssupreme-court

Redemption Rights: Can You Redeem Property Without Being the Registered Owner?

Supreme Court clarifies that buyers with unregistered deeds can redeem tax-delinquent property within the one-year period under Section 261 of the Local Government Code.

Nov 8, 2023family homeexecution exemptionfamily codeproperty lawsupreme court

Family Home Protection in the Philippines: Understanding Execution Exemptions

When is a family home exempt from execution in the Philippines? The Supreme Court clarifies the limits of this protection.

Nov 8, 2023withholding taxcompensationeffective tax ratebirtax penalties

Withholding Tax on Compensation: Effective Rates and Penalties Explained

Learn how the Supreme Court ruled on using effective tax rates for withholding tax on compensation and the proper imposition of penalties.

Nov 6, 2023land registrationproperty registration decreera 11573judicial confirmation of titlepd 1529

Land Title Registration in the Philippines: Navigating Ownership Complexities

The Supreme Court clarifies how RA 11573 affects land registration applications, shortening the possession period to 20 years before filing.

Nov 6, 2023contract lawcontract of salecontract to sellrescissionparol evidence rulecivil code

Contract of Sale vs Contract to Sell: What Buyers and Sellers Must Know

The Supreme Court clarifies the difference between a contract of sale and a contract to sell, and when rescission is proper.

Nov 6, 2023speedy dispositionillegal recruitmentcriminal procedureconstitutional rightsra 8042

Speedy Disposition Rights: How Delay Can Dismiss Your Illegal Recruitment Case

Learn how inordinate delay in resolving illegal recruitment cases can violate constitutional rights and lead to dismissal.

Oct 24, 2023constitutional-law

Protecting Human Rights Understanding THE Writs OF Amparo AND Habeas Data IN THE Philippines

Oct 23, 2023deportationundesirabilitybureau of immigrationadministrative remediesimmigration lawbigamy

Deportation and Undesirability in the Philippines: Exhausting Administrative Remedies First

The Supreme Court explains why a foreign national facing deportation must exhaust administrative remedies before seeking judicial relief.

Oct 23, 2023maritime-lawseafarer-disabilitymedical-abandonmentpoea-secdisability-benefitslabor-law

Seafarer Disability Claims: Medical Abandonment and Its Consequences in the Philippines

When a seafarer fails to complete required medical treatment and re-evaluation, the right to disability benefits may be forfeited. The Supreme Court explains.

Oct 23, 2023psychological incapacitynullity of marriagefamily codeexpert testimonysupreme court

Psychological Incapacity and Expert Testimony: What Zamora v. Zamora Means for Nullity Cases

The Supreme Court clarifies that a psychological assessment report is not indispensable in nullity cases—totality of evidence is what matters.