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显示第 4921–4944 篇,共 24,676 篇文章

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Nov 21, 2017commission on auditgovernment compensationjudicial interpretationretroactivitypitcadministrative law

MWSS Benefits Disallowance: Retroactive Effect of Judicial Rulings on Government Compensation

Supreme Court rules judicial interpretations of law apply retroactively, not prospectively, in government benefits disallowance cases.

Nov 21, 2017contempt of courtsecond motion for reconsiderationrules of courtsupreme courtprofessional responsibilityadministrative law

Contempt of Court and the Limits of Reconsideration: Lessons from Fortune Life Insurance v. COA

The Supreme Court penalizes a litigant and counsel for disrespectful language in pleadings and clarifies the strict rules on second motions for reconsideration.

Nov 21, 2017labor-lawretirement-benefitscommission-on-auditretroactivityjudicial-interpretationgovernment-corporations

Retirement Benefits and Retroactivity: PITC v. COA on Judicial Interpretation

When a Supreme Court ruling interprets a law, it applies retroactively. PITC learned this in a dispute over retirement benefits.

Nov 21, 2017administrative-lawclerk-of-courtneglect-of-dutysupreme-courtcivil-servicecourt-stenographer

Clerk of Court Dismissed for Simple Neglect in Delayed Appeal Transmittal

Supreme Court dismisses clerk of court for simple neglect of duty over delayed case records transmittal, but clears court stenographer.

Nov 20, 2017eminent domainjust compensationeasement of right of wayexpropriationproperty lawnational power corporation

Just Compensation for Easement of Right of Way: Key Lessons from NPC v. Marasigan

When the government takes an easement over private land, what must it pay? The Supreme Court clarifies the rules on just compensation, valuation date, and consequential damages.

Nov 20, 2017labor-lawconstructive-dismissalprobationary-employmentfixed-term-contracteducation-lawfaculty-rights

Probationary Faculty Rights: Constructive Dismissal and Fixed-Term Contracts in Philippine Education

The Supreme Court clarifies probationary faculty rights, constructive dismissal, and fixed-term contracts in Philippine private higher education institutions.

Nov 20, 2017criminal-lawstatutory-raperape-by-sexual-assaultchild-victimssupreme-courtra-8353

Statutory Rape vs. Rape by Sexual Assault: What Child Victims' Cases Teach Us

The Supreme Court clarifies the distinction between statutory rape and rape by sexual assault in cases involving child victims.

Nov 20, 2017labor-lawemployees-compensationpd-626gsisoccupational-diseasework-connection

When Is an Illness Compensable? GSIS v. Tañedo on Work-Connection Evidence

The Supreme Court clarifies the evidence needed to prove work-connection for non-occupational diseases under the Employees' Compensation Law.

Nov 20, 2017criminal-lawchain-of-custodydangerous-drugsevidencesearch-and-seizuresupreme-court

When Evidence Is Tainted: Marking Seized Drugs and the Chain of Custody Rule

A Supreme Court ruling explains why failing to mark seized drugs immediately can break the chain of custody and lead to acquittal.

Nov 20, 2017illegal dismissallabor lawburden of proofterminationphilippine supreme court

No Illegal Dismissal Without Proof Employee Must First Establish Dismissal Before Employers Burden Arises

Philippine Supreme Court ruling on who bears the burden of proving dismissal in illegal dismissal cases.

Nov 20, 2017criminal lawchain of custodyra 9165drug evidencesection 21buy-bust operation

Chain of Custody Safeguarding Drug Evidence Integrity in Illegal Possession Cases

The Supreme Court acquits a drug suspect due to broken chain of custody, underscoring Section 21 RA 9165 compliance.

Nov 20, 2017chain of custodydangerous drugsbuy-bust operationillegal sale of drugscriminal procedureevidence

Chain of Custody in Drug Cases: Why Marking Evidence Immediately Matters

A drug conviction requires proof beyond reasonable doubt, including an unbroken chain of custody over the seized substance. Learn the rules.

Nov 20, 2017criminal lawillegal drugschain of custodyra 9165acquittalsupreme court

Reasonable Doubt Prevails: Drug Conviction Overturned Due to Flawed Chain of Custody

In People v. Calibod, the Supreme Court acquitted a drug-sale suspect after police failed to follow the chain of custody rules under Section 21 of RA 9165.

Nov 20, 2017chain of custodydangerous drugsra 9165section 21buy-bust operationcriminal law

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect over broken chain of custody, stressing strict compliance with Section 21 of RA 9165.

Nov 20, 2017labor-lawemployees-compensationgsispd-626occupational-diseasesupreme-court

Varicose Veins and Workers' Compensation: Proving the Link Between Work and Illness

Explaining the Supreme Court ruling in GSIS v. Tañedo on when varicose veins qualify for compensation under PD 626.

Nov 20, 2017criminal-lawfinality-of-judgmentimmutability-of-judgmentappealstatutory-rapeprocedure

Finality of Judgments: Why Failing to Appeal on Time Can Uphold a Conviction

A procedural lapse—filing the wrong appeal—can make a conviction final and immutable. Learn the doctrine of immutability of judgment.

Nov 20, 2017reconstitution of titlelost certificate of titlerepublic act no. 26torrens systemland registrationclear and convincing evidence

Reconstitution of Lost Titles: Proving Clear and Convincing Evidence in the Philippines

The Supreme Court clarifies the strict evidentiary standard for reconstituting lost or destroyed land titles under Republic Act No. 26.

Nov 20, 2017legal ethicscode of professional responsibilityadministrative caselawyer disciplinegovernancenegligence

Lawyer’s Accountability in Governance Conspiracies: Negligence and the Limits of Reliance

The Supreme Court clarifies lawyer accountability in governance conspiracies, negligence, and the limits of relying on judicial authority in administrative cases.

Nov 20, 2017seafarer rightsdeath benefitspoea-secmaritime lawcollective bargaining agreementwork-related illness

Seafarer Death Benefits: Proving Work-Related Illness Under POEA-SEC and CBA

Learn how the Supreme Court clarified the burden of proof for seafarers' death benefits under the POEA-SEC and CBA in Maersk-Filipinas v. Malicse.

Nov 20, 2017property-lawland-titleterritorial-jurisdictionboundary-disputelocal-government-codesupreme-court

Territorial Jurisdiction vs Ownership: Nullifying Land Titles and Resolving Boundary Disputes in the Philippin

Philippine Supreme Court clarifies why territorial jurisdiction claims cannot nullify land titles, and how boundary disputes should be resolved.

Nov 20, 2017chain of custodyillegal drugsra 9165section 21acquittalcriminal law

Compromised Chain of Custody: Illegal Drug Conviction Overturned Due to Procedural Lapses

The Supreme Court acquitted an illegal drug suspect after police failed to follow the chain of custody requirements under Section 21 of RA 9165, compromising evidence integrity.

Nov 13, 2017gross immoralityjudicial disciplinecode of professional responsibility and accountabilitycode of judicial conduct and accountabilityadministrative law

Judge Dismissed for Gross Immorality: SC Upholds Ethical Standards for the Bench and Bar

The Supreme Court dismissed a judge for an extramarital affair and child, imposing a three-year suspension from law practice.

Nov 8, 2017legal ethicscode of professional responsibilitylawyer suspensionadministrative casebusiness dealings

Lawyer Suspended for Deceit in Business Dealings: A Lesson in Legal Ethics

A lawyer's one-year suspension for deceitful business conduct reminds Philippine attorneys that ethical standards apply beyond the courtroom.

Nov 8, 2017labor-lawillegal-dismissalabandonmentterminationsupreme-courtemployee-rights

Abandonment Requires Clear Intent Protecting Employees From Unjust Dismissal

Philippine Supreme Court clarifies that abandonment of work requires clear intent to sever employment, not mere absence from work.