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显示第 5233–5256 篇,共 24,679 篇文章

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Jul 24, 2017constructive-dismissalillegal-dismissallabor-lawburden-of-proofnlrcreinstatement

Constructive Dismissal Claim Fails Without Proof of Overt Dismissal Act

Supreme Court clarifies that employees alleging constructive dismissal must prove actual dismissal, not just claim it.

Jul 24, 2017property lawcivil lawattorney ethicsfamily propertyownership disputessupreme court

Ownership Disputes: When a Lawyer Cannot Acquire a Client's Property in Litigation

The Supreme Court suspends a lawyer for acquiring property in litigation and selling client land without authority—key rules for family property disputes.

Jul 24, 2017inheritanceheirs liabilityproperty disputecivil lawexecution of judgmentsupreme court

Inheritance Limits: Heirs' Liability in Property Disputes Clarified

The Supreme Court rules that heirs impleaded in property cases are liable only up to their inherited shares, not beyond.

Jul 24, 2017maritime-law

Seafarers Disability Claims Proving Entitlement AND THE Role OF Company Designated Physicians

Jul 24, 2017criminal-lawdangerous-drugsbuy-bustentrapmentinstigationra-9165

Buy-Bust Operations: Entrapment vs Instigation in Illegal Drug Sales

The Supreme Court clarifies the distinction between entrapment and instigation in buy-bust operations, affirming a drug sale conviction.

Jul 19, 2017civil-procedurefree patentreversionreal party in interestland titleprescription

Annulment of Free Patents vs. Reversion: Real Party in Interest Explained

The Supreme Court clarifies the distinction between annulment of free patents and reversion, and who may file each action.

Jul 19, 2017illegal recruitmentlarge-scale recruitmentmigrant workers actlabor codecriminal law

Overseas Dreams, Local Schemes: Upholding Protection Against Large Scale Illegal Recruitment

The Supreme Court affirms a conviction for large-scale illegal recruitment in People v. Abellanosa, clarifying penalties and reimbursement of placement fees.

Jul 19, 2017free patentreversionannulment of titleland ownershipcivil lawreal party in interest

Annulment of Free Patents vs Reversion: Who May Sue and When

The Supreme Court clarifies the distinction between annulment of free patents and reversion actions, and who has the legal standing to file each.

Jul 19, 2017disbarmentadministrative lawnotarial lawburden of prooflegal ethicssupreme court

Dismissal of Falsification Charges in Disbarment Case Highlights Burden of Proof for Lawyers

Supreme Court dismisses disbarment charges against Atty. Bigay for lack of preponderant evidence, but reprimands notary Atty. Siapno for negligence.

Jul 19, 2017criminal-lawrapewitness-credibilitychild-victimssupreme-court

Inconsistencies in a Rape Victim's Testimony Do Not Destroy Credibility

The Supreme Court ruled that minor inconsistencies in a child rape victim's testimony, including uncertainty over dates, do not destroy her credibility.

Jul 19, 2017easementproperty lawreversionannulment of titlefree patentcivil law

Easement Rights and Property Development: Clarifying Limits and Obligations in Construction Projects

Understand how the Supreme Court distinguishes reversion from annulment of titles, and what this means for property owners and developers.

Jul 19, 2017labor-lawdismissalinsubordinationdisobedienceterminationphilippines

Disobeying Orders: When Does It Justify Dismissal in the Philippines?

Philippine labor law on insubordination: when defiance of company orders warrants dismissal, and when it does not.

Jul 17, 2017legal ethicscode of professional responsibilitynotarial practiceadministrative caselawyer discipline

Attorney Neglect and Falsehood: Disciplinary Action for Violating Professional Responsibility

A lawyer who fails to file a client's position paper and notarizes a perjured affidavit faces suspension and revocation of notarial commission.

Jul 17, 2017legal ethicscode of professional responsibilitynotarial practicelawyer disciplineadministrative case

Attorney Neglect and Falsehood: Disciplining Lawyers for Breaching Professional Responsibility

A lawyer who fails to file a client's position paper and notarizes a perjured affidavit faces suspension and loss of notarial commission.

Jul 17, 2017civil-procedurepostponementsanctionscourt-discretionrules-of-court

Upholding Court Discretion in Denying Postponements and Imposing Sanctions for Unjustified Absences

The Supreme Court affirms trial court discretion to deny postponements and impose fines for unjustified absences, emphasizing prompt case disposition.

Jul 17, 2017legal ethicsattorney negligenceacceptance feequantum meruitcode of professional responsibilityclient trust

Upholding Client Trust: Attorney Negligence and the Duty to Refund Unearned Fees in the Philippines

A lawyer who neglects a client's case must refund unearned acceptance fees. The Supreme Court explains the rules on attorney negligence and quantum meruit.

Jul 17, 2017legal ethicsprofessional responsibilitynotarial practicelawyer negligencecode of professional responsibility

When Lawyers Fail Clients: Negligence, Falsehood, and Notarial Misconduct

A lawyer who neglects a client's case and notarizes a perjured affidavit faces suspension and loss of notarial commission.

Jul 17, 2017criminal proceduredeath of accusedextinguish criminal liabilityrevised penal codemurderhomicide

Death Abates Criminal Liability: What Happens When the Accused Dies Before Final Judgment

When an accused dies before final judgment, criminal liability is extinguished. Learn the rule and its limits under Philippine law.

Jul 16, 2017administrative-lawgoccsalary-increasemoratoriumboard-authoritycompensation

Moratorium on Salary Increases Limits on GOCC Board Authority

Supreme Court clarifies that moratoriums on salary increases constrain GOCC board authority, affirming the legality of compensation freezes.

Jul 12, 2017unlawful detainerejectmentjurisdictionproperty lawcivil procedure

Unlawful Detainer Jurisdiction: How Complaint Allegations Determine Ejectment Cases

Philippine Supreme Court ruling on how complaint allegations, not defenses, determine jurisdiction in unlawful detainer and ejectment cases.

Jul 12, 2017rapecriminal-lawrevised-penal-codesupreme-courtvictim-testimonydamages

SC Upholds Rape Conviction Based on Victim's Credible Testimony Despite Inconsistencies

The Supreme Court affirms rape convictions, ruling that minor inconsistencies in a victim's testimony do not undermine credibility when the account is coherent and believable.

Jul 12, 2017shareholder rightscorporate lawinspection of booksjurisdictionintra-corporate dispute

Shareholder Rights Upholding Inspection Rights Despite Corporate Disputes

Supreme Court clarifies that stockholders' inspection rights remain enforceable in RTC even when majority shares belong to sequestered corporations.

Jul 12, 2017family codemarriage nullityjurisdictionregional trial courtpsychological incapacityseparation of church and state

Courts Have Jurisdiction Over Church Marriages: Tilar v. Republic

The Supreme Court clarifies that civil courts have jurisdiction to declare church marriages void under the Family Code, rejecting the separation of Church and State argument.

Jul 12, 2017legal-ethics

Upholding Ethical Standards A Lawyers Duty TO Financial Integrity AND Professional Conduct