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显示第 5329–5352 篇,共 24,680 篇文章

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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-lawcourt-personneldishonestyethical-standardsjust-debtcivil-service

Debt Default and Court Personnel: Ethical Standards for Court Employees

A court stenographer's unpaid debt to a lawyer with a pending case leads to suspension, underscoring ethical standards for court personnel.

Jun 21, 2017social security systemcorporate veilemployer liabilitysss contributionscriminal liabilitycivil liability

Piercing the Corporate Veil: Employer Liability for SSS Contributions Despite Officers' Acquittal

A corporation cannot escape SSS contribution liability merely because its officers were acquitted in the criminal case. The Supreme Court explains why.

Jun 20, 2017administrative-law

Breach OF Trust Dismissal FOR Court Personnel Extorting Litigants IN THE Philippines

Jun 20, 2017administrative-lawcommission-on-auditgovernment-accountabilitypublic-fundsgood-faithsolidary-liability

Accountability in Government: When Good Faith Does Not Excuse Negligence in Public Fund Disbursements

The Supreme Court clarifies when public officers approving disallowed disbursements remain personally liable despite claims of good faith.

Jun 19, 2017criminal-lawdangerous-drugsra-9165illegal-saleillegal-deliverybuy-bust

Delivery vs Sale in Drug Cases: When a Courier Becomes a Seller

The Supreme Court clarifies the distinction between illegal sale and illegal delivery of dangerous drugs under RA 9165, and the importance of consideration.

Jun 19, 2017estafacivil liabilitycriminal lawbankingnegotiable instruments

Estafa and Civil Liability: When Acquittal Doesnt Guarantee Freedom From Civil Claims

Explore the distinction between criminal acquittal and civil liability in estafa cases, and how banks can be held accountable.

Jun 19, 2017legal ethicscode of professional responsibilitydue processprocedural fairnessadministrative caselawyer discipline

Ethical Boundaries: When a Lawyer's Zeal Violates Due Process and Procedural Fairness

A lawyer's zeal for a client cannot justify violating procedural rules and depriving the opposing party of due process, as this disbarment case shows.

Jun 19, 2017labor-lawconstructive-dismissalsecurity-of-tenuresecurity-guardsfloating-statusillegal-dismissal

Security of Tenure, Constructive Dismissal, and the Floating Status of Security Guards in the Philippines

When does a security guard's floating status become constructive dismissal? The Supreme Court clarifies the six-month rule.

Jun 19, 2017criminal-lawrapechild-protectionconspiracysupreme-courtjurisprudence

Protecting the Vulnerable: Upholding Conviction in Child Sexual Abuse Cases in the Philippines

The Supreme Court affirms the conviction of a man for two counts of rape, clarifying conspiracy liability and the weight given to a minor victim's credible testimony.

Jun 19, 2017self-defenseunlawful aggressiontreacherymurdercriminal lawrevised penal code

Self-Defense Claim Fails: Unlawful Aggression and Treachery in Murder Conviction

Supreme Court affirms murder conviction, ruling that a sudden bolo attack negates self-defense and constitutes treachery.

Jun 19, 2017conspiracyraperevised-penal-codecriminal-lawco-principalsupreme-court

Conspiracy and Rape: When Bystanders Become Co-Principals in Group Sexual Assault

Explaining the Supreme Court ruling that a person who aids or abets rape through acts like recording or preventing rescue can be liable as a co-principal.

Jun 19, 2017judicial accountabilityadministrative complaintsvexatious litigationcontempt of courtjudges

Judicial Accountability vs Vexatious Litigation: Balancing Rights in Administrative Complaints

The Supreme Court clarifies when judges may be held administratively liable and when complainants cross the line into contempt.

Jun 19, 2017commercial lawnegotiable instrumentscheck fraudbanking lawcollecting bankdrawee bank

Check Fraud Liability: When a Drawee Bank Can Recover From a Collecting Bank

Philippine Supreme Court clarifies when a drawee bank can avoid liability for unauthorized check payments and how drawers can recover directly from negligent collecting banks.

Jun 19, 2017customs lawabandonmenttariff and customs codebureau of customsdue noticeimportation

Customs Law: Abandonment of Goods Requires Due Notice Despite Importer's Delay

Supreme Court rules that ipso facto abandonment of imported goods under the Tariff and Customs Code requires due notice, absent fraud.

Jun 19, 2017maritime-law

Willful ACT VS Mental State Determining Compensability IN Seafarer Death Claims

Jun 19, 2017criminal-lawcriminal-procedureextinguishment-of-criminal-liabilitydeath-of-accusedprobable-causerevised-penal-code

Death of Accused Extinguishes Criminal Liability and Abates Criminal Action

Supreme Court clarifies that an accused's death extinguishes criminal liability and abates the criminal action, citing the Revised Penal Code.

Jun 19, 2017civil-procedurejurisdictionvoluntary-appearancesummonsrules-of-courtphilippine-law

Voluntary Submission Curing Jurisdictional Defects Through Affirmative Relief

When a defendant seeks affirmative relief from a court, they voluntarily submit to its jurisdiction—even if summons was defective.

Jun 19, 2017administrative lawneglect of dutycourt stenographercivil servicesupreme court

Simple Neglect of Duty in Public Service: When Efficiency and Mitigating Circumstances Matter

Court stenographer found guilty of simple neglect of duty for delayed transcription; penalty reduced to three months suspension due to mitigating circumstances.

Jun 18, 2017criminal lawdirect assaultinformationhomicideright to be informedsupreme court

Defective Information Reduces Direct Assault Conviction to Homicide

A missing element in the information reduced a direct assault conviction to homicide, underscoring the constitutional right to be informed of charges.

Jun 18, 2017conjugal propertyfamily codeproperty lawspousal consentvoid contracts

Spousal Consent in Property Sales: Why a Sale Without Written Consent Is Void

Selling conjugal property without the other spouse's written consent is void under Philippine law. Learn the rules and buyer protections.

Jun 7, 2017rapecriminal lawrevised penal codeincestqualified rapesupreme court

Rape and Parental Authority: Why a Father's Conviction Stood as Simple Rape

A father raped his 16-year-old daughter twice. The Supreme Court upheld his conviction but kept it as simple rape because the information omitted his relationship. Here's why.

Jun 7, 2017property lawright of wayjust compensationeminent domainpublic land actinfrastructure

Right of Way vs Just Compensation: Property Disputes in Infrastructure Projects

When government projects use private land, a pre-existing right of way can bar compensation claims. Learn the rules from a recent Supreme Court ruling.

Jun 7, 2017criminal-law

Unlawful Arrest Invalidates Search Protecting Constitutional Rights IN Drug Cases