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显示第 5305–5328 篇,共 24,680 篇文章

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Jul 3, 2017telegraphic transferbank liabilitynegligencecivil codesupreme court

Telegraphic Transfers and Bank Liability: Understanding the Limits of Negligence

The Supreme Court clarifies when a bank's duty ends in telegraphic transfers and why courts cannot rule on unpleaded negligence claims.

Jul 2, 2017criminal lawrapeintellectual disabilitywitness credibilitydna evidencerules of court

Intellectual Disability and Witness Credibility in Philippine Rape Cases

The Supreme Court affirms that intellectual disability alone does not disqualify a rape victim from testifying, provided her account is coherent and consistent.

Jun 28, 2017condonation doctrineelection lawadministrative lawombudsmanadministrative liability

Condonation Doctrine and Election as Forgiveness in Philippine Administrative Law

Explaining the condonation doctrine in Philippine administrative law through Almario-Templonuevo v. Ombudsman, including its limits and the rule on motions for reconsideration.

Jun 28, 2017criminal-lawlasciviousnessra-7610child-protectiontestimony-credibilityrevised-penal-code

Protecting Children: Credibility of Testimony in Lasciviousness Cases

The Supreme Court affirms that a child victim's credible testimony alone can convict in lasciviousness cases, and clarifies penalties under RA 7610.

Jun 28, 2017criminal lawdangerous drugschain of custodybuy-bust operationsection 21ra 9165

Chain of Custody in Drug Sale Cases: Lessons from Belmonte v. People

The Supreme Court upholds a drug sale conviction, clarifying that minor deviations from Section 21's chain of custody rules are not fatal when integrity is preserved.

Jun 28, 2017legal ethicsadministrative casecode of professional responsibilitylawyer disciplinenegligencesupreme court

Attorney Suspended for Neglect of Clients: A Lesson in Diligence

The Supreme Court suspended a lawyer for six months for neglecting clients' ejectment case, violating Canon 18 of the CPR.

Jun 28, 2017labor-lawseparation-payillegal-dismissalstrained-relationsabandonmentreinstatement

Separation Pay Without Dismissal: Claudia's Kitchen v. Tanguin

When can separation pay be awarded? The Supreme Court clarifies that no dismissal means no separation pay, even with strained relations.

Jun 28, 2017child abusera 7610sexual abusecriminal lawsupreme courtphilippines

Protecting Children: Identifying and Punishing Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when child sexual abuse falls under Section 5(b) rather than Section 10(a) of R.A. 7610, and the proper penalties.

Jun 28, 2017illegal recruitmentestafaoverseas employmentlabor codera 8042supreme court

Deceptive Recruitment: The High Cost of False Promises in Overseas Employment

The Supreme Court affirms life imprisonment for illegal recruitment in large scale and estafa, underscoring the severe penalties for fake overseas job promises.

Jun 26, 2017taxationvat-refund120-day-rulesupreme-courtphilippine-law

Premature Filing of VAT Refund Claims: Strict Adherence to the 120-Day Rule

Philippine Supreme Court clarifies the mandatory 120-day period for VAT refund claims and the consequences of premature filing.

Jun 26, 2017quasi-delictnegligencesubrogationinsurancevehicle accidentcivil code

Supreme Court Affirms Negligence Ruling in Vehicle Collision Insurance Subrogation Case

Supreme Court affirms CA ruling holding driver negligent in highway collision, upholding insurer's subrogation claim for vehicle repair costs.

Jun 26, 2017seafarerdisability benefitsbunkhouse rulepersonal comfort doctrinepoea-seclabor law

Seafarer Basketball Injury Held Work-Related Under Bunkhouse Rule

Supreme Court rules seafarer's basketball injury on board is work-related under the Bunkhouse Rule and Personal Comfort Doctrine.

Jun 21, 2017maritime lawseafarer disabilitypoea contractpermanent total disabilitycompany-designated physicianlabor law

Defining the Limits of Medical Assessment Periods for Seafarer Disability Claims

The Supreme Court clarifies when a company-designated physician's delay in assessing a seafarer's disability results in permanent total disability benefits.

Jun 21, 2017seafarerdisability benefitspoea contractlabor lawtotal disabilitycompany physician

When a Late Disability Assessment Makes a Seafarer's Injury Total and Permanent

A company physician's Grade 8 assessment issued on day 163 was too late—the Supreme Court explains the 120-day rule for seafarers.

Jun 21, 2017attorney's feescontractsunconscionable agreementscivil lawpromissory notesupreme court

When Attorney's Fees Are Reasonable: The Duty to Avoid Unconscionable Agreements

Philippine Supreme Court clarifies when attorney's fees stipulations are valid, and why courts must strike down unconscionable ones.

Jun 21, 2017civil-law

Liability FOR Damages When A Winning Party Isnt Always Liable

Jun 21, 2017writ of executionsheriff misconductdamagescivil procedurerule 39execution of judgment

When Is a Winning Party Liable for a Sheriff's Misconduct in Executing a Writ?

The Supreme Court clarifies when a prevailing litigant can be held liable for damages caused by a sheriff's irregular implementation of a writ of execution.

Jun 21, 2017forcible entryprior physical possessionpossession de factoejectmentrule 70

Prior Physical Possession Decides Forcible Entry Cases, Not Ownership Claims

In forcible entry cases, prior physical possession matters more than ownership. The Supreme Court explains why in Sambalilo v. Llarenas.

Jun 21, 2017labor-lawsss-contributionscorporate-veilemployer-liabilitysocial-security-systemcriminal-liability

Piercing the Corporate Veil: Employers' Liability for Unremitted SSS Contributions

Supreme Court clarifies that corporations cannot hide behind separate personality to escape liability for unremitted SSS contributions.

Jun 21, 2017administrative casecourt personneljust debtscode of conductcivil service rules

Court Personnel’s Failure to Pay Just Debts: Administrative Liability Explained

Court employees who borrow from lawyers with pending cases and fail to pay face administrative sanctions. Learn the rules.

Jun 21, 2017philippine-law

Immediate Execution OF Ombudsman Decisions Safeguarding Public Service Integrity

Jun 21, 2017labor lawbusiness closureterminationseparation payunfair labor practice

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

Jun 21, 2017maritime-lawseafarer-disabilitypoea-contracttotal-disabilitylabor-codephilippine-supreme-court

When Is a Seafarer Entitled to Total Disability Benefits: A Guide to Maritime Claims

Learn when a seafarer may claim permanent total disability benefits under the POEA contract, based on a 2017 Supreme Court ruling.

Jun 21, 2017labor-lawseafarer-compensationpoea-secdisability-benefitswork-related-illnesssupreme-court

Burden of Proof in Seafarer Compensation Claims: Work Conditions and Illness Causation

Supreme Court clarifies when a seafarer's illness is work-related and how delayed disability ratings affect permanent total disability claims.