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显示第 5497–5520 篇,共 24,680 篇文章

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Mar 22, 2017trademark lawintellectual propertyconfusing similarityphilipsphilitesconsumer protection

Trademark Confusion: Prior Use and Consumer Deception in Philippine IP Law

The Supreme Court ruled that PHILITES is confusingly similar to PHILIPS, applying both the dominancy and holistic tests in trademark law.

Mar 22, 2017criminal-lawillegal-gamblingsearch-and-seizureexclusionary-rulewarrantless-arrestconstitutional-rights

Unreasonable Search and Seizure in Illegal Gambling Cases: The Exclusionary Rule and Privacy Rights

Supreme Court acquits two men convicted of illegal gambling because police entered a home without a warrant, applying the exclusionary rule.

Mar 22, 2017criminal lawchain of custodydangerous drugsra 9165buy-bust operationacquittal

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

The Supreme Court acquits a drug suspect due to broken chain of custody, emphasizing strict compliance with RA 9165 safeguards.

Mar 20, 2017property-lawlease-agreementsuccessor-liabilitygovernment-agencyoption-to-renewunlawful-detainer

Successor Government Agencies Bound by Prior Lease Agreements: Key Lessons from PMO v. PIC

When a government agency takes over another's assets, it also inherits lease obligations. The Supreme Court explains why.

Mar 20, 2017sss contributionscorporate liabilitycriminal lawra 8282labor lawcorporate officers

Corporate Liability Accountability FOR Unremitted SSS Contributions

Supreme Court affirms conviction of corporate officer for non-remittance of SSS contributions under RA 8282.

Mar 20, 2017labor-lawillegal-dismissaldue-processterminationnominal-damagessupreme-court

Dismissal With Just Cause Still Requires Procedural Due Process: Ortiz v. DHL

A valid dismissal needs both substantive and procedural due process. Learn the twin notice and hearing rules from Ortiz v. DHL.

Mar 20, 2017ssssocial securitycorporate liabilitycriminal liabilityra 8282labor law

SSS Contribution Remittance: Non-Payment Makes Corporate Officers Criminally Liable

Corporate officers can face jail time for failing to remit SSS contributions. Learn the rules from a Supreme Court ruling.

Mar 20, 2017unlawful detainerlease renewalproperty lawprivatizationpmosupreme court

Unlawful Detainer When Initial Objection Voids A Claim OF Tolerance

Supreme Court ruling on unlawful detainer, lease renewal options, and binding successors-in-interest in property law.

Mar 20, 2017constructive dismissallabor lawservice incentive leaveillegal dismissalsupreme courtemployee rights

Constructive Dismissal: When Work Conditions Become Unbearable Under Philippine Law

Philippine Supreme Court clarifies constructive dismissal standards and service incentive leave pay prescription in Rodriguez v. Park N Ride.

Mar 20, 2017forged deedvoid contractaccessioncivil codeheirs liabilitysupreme court

When a Forged Sale Is Void: Reimbursement, Accession, and Heirs' Liability

The Supreme Court clarifies what happens when a forged deed of sale is voided, including heirs' liability, refunds, and the rules on buildings built in bad faith.

Mar 20, 2017seafarer disabilitypoea-seclabor lawpermanent disabilitycompany-designated physician

Filing Disability Claims Early: Why Timing and the Company Doctor's Assessment Matter

A seafarer's premature disability claim fails when the company-designated physician issues a Grade 10 rating within 240 days. Learn the rules.

Mar 20, 2017contract-to-sellproperty-lawparol-evidence-rulespecific-performanceland-titlescivil-law

Good Faith and Land Titles: When a Contract to Sell Expires in Philippine Property Law

Philippine Supreme Court ruling on when a contract to sell expires, the parol evidence rule, and refund rights for unpaid buyers.

Mar 20, 2017best evidence rulecivil lawsolutio indebitievidenceobligations and contractsbanking law

Acknowledgment of Debt and the Best Evidence Rule: BPI v. Mendoza

The Supreme Court clarifies when a photocopy of a document may be admitted as evidence, and how a debtor's own acts can prove an obligation.

Mar 20, 2017criminal-lawrevised-penal-codedeath-of-accusedcivil-liabilitydangerous-drugssupreme-court

Death of Accused Pending Appeal Extinguishes Criminal and Civil Liability

Explore how the Supreme Court applied of the Revised Penal Code in People v. Toukyo, clarifying that death abates criminal liability and related civil claims.

Mar 20, 2017contract-to-selltorrens-systemparol-evidencespecific-performancephilippine-lawsupreme-court

Good Faith and Land Titles: The Limits of Torrens System Protection in the Philippines

A Supreme Court ruling clarifies when a buyer's failure to pay full price under a Contract to Sell prevents enforcement, and the limits of good faith claims.

Mar 20, 2017maritime lawseafarers rightsdisability benefitspoea-seclabor lawofw

Timely Disability Claims: Seafarers' Rights and Employer Obligations Under POEA-SEC

Learn how the Supreme Court clarified seafarers' disability claims, the 120/240-day rule, and why timely filing matters under POEA-SEC.

Mar 15, 2017labor-lawunion-registrationcancellationlabor-codejurisprudencesupreme-court

Union Registration Misrepresentation Claims and the Limits of Cancellation Under the Labor Code

The Supreme Court clarifies that only grounds listed in Article 247 of the Labor Code justify cancellation of union registration, not lack of mutuality of interests.

Mar 15, 2017tax lawbir assessmentsfinality of assessmenttaxpayer rightsadministrative law

When BIR Assessments Become Final: Why Taxpayers Must Act on Unchallenged Notices

Understand why unchallenged BIR assessments become final and executory, and what taxpayers must do to protect their rights.

Mar 15, 2017criminal-lawself-defenseunlawful-aggressionrevised-penal-codejustifying-circumstancessupreme-court

Self-Defense and Unlawful Aggression: Proving Justifying Circumstances in Philippine Law

The Supreme Court explains what it takes to prove self-defense and defense of relatives under Article 11 of the Revised Penal Code.

Mar 15, 2017annulment of judgmentland titlelost certificate of titlejurisdictionproperty law

Annulment of Judgment in Land Title Cases: The Jurisdictional Limit on Lost Title Proceedings

A landowner's title was cancelled without her knowledge. The Supreme Court clarifies when courts lack jurisdiction over lost title cases.

Mar 15, 2017filing feesintra-corporate disputepecuniary estimationrule 141civil procedure

Filing Fees in Intra-Corporate Disputes: When the Subject Matter Cannot Be Valued in Money

The Supreme Court clarifies when intra-corporate disputes require filing fees based on pecuniary value, correcting a prior misreading of Lu v. Lu Ym, Sr.

Mar 15, 2017government-contractsadministrative-lawcontract-enforceabilitylegal-requirementsphilippine-law

Government Contracts Enforceability AND THE Necessity OF Legal Requirements

A look at when government contracts are binding and why strict legal requirements matter for enforceability in the Philippines.

Mar 15, 2017labor-lawillegal-dismissalabandonmentsecurity-of-tenuresupreme-courtemployee-rights

When Absence Doesnt Mean Abandonment Protecting Employee Rights Against Unsubstantiated Dismissals

The Supreme Court clarifies that abandonment requires clear intent, not mere absence, and employers must prove both elements.

Mar 15, 2017ejectmenttorrens titleunlawful detainerproperty lawcivil lawphilippine law

Torrens Title vs Prior Possession: Resolving Ejectment Disputes in the Philippines

Philippine Supreme Court ruling on whether a Torrens title holder can eject occupants who claim prior possession and ownership.