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显示第 5665–5688 篇,共 24,680 篇文章

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Jan 18, 2017civil-lawagencynotarizationproperty-disputesreal-estate-mortgagespecial-power-of-attorney

Valid Notarization and Agency Substitution in Property Disputes: Villaluz v. Land Bank

A look at when a principal is bound by a substitute agent's mortgage, and why notarization matters in property transactions.

Jan 18, 2017labor-lawsecurity-of-tenureconstructive-dismissalmanagement-prerogativeprobationary-employmentofw-rights

Upholding Management Prerogative Employee Transfers AND Constructive Dismissal IN THE Philippines

Philippine Supreme Court clarifies when employee transfers and probationary dismissals violate security of tenure and due process.

Jan 18, 2017labor-lawillegal-dismissalbackwagesseparation-payfinality-of-judgmentnlrc

Finality of Judgment and Computation of Backwages in Illegal Dismissal Cases

When do backwages stop accruing in illegal dismissal cases? The Supreme Court clarifies the rule on finality of judgment.

Jan 18, 2017illegal dismissalbackwagesseparation paylabor lawnlrcsupreme court

Illegal Dismissal: Backwages and Separation Pay Computed Until Final Judgment

Philippine Supreme Court clarifies that backwages and separation pay for illegally dismissed employees run until the judgment becomes final, regardless of who appealed.

Jan 18, 2017chain of custodydangerous drugsra 9165criminal lawacquittalsection 21

Safeguarding Rights: Strict Adherence to the Chain of Custody in Drug Cases

In People v. Jaafar, the Supreme Court acquitted an accused after police failed to follow the mandatory chain of custody rules under Section 21 of RA 9165.

Jan 18, 2017real-estate-lawhidden-defectshousing-developerpd-957implied-warrantycaveat-venditor

Caveat Venditor: Housing Developers Bear Responsibility for Hidden Defects

Philippine Supreme Court ruling on developer liability for hidden structural defects under Civil Code warranty and PD 957.

Jan 18, 2017civil procedureintellectual propertynon-forum shoppingadministrative lawiposupreme court

Liberal Interpretation of Procedural Rules in Intellectual Property Appeals

Supreme Court rules that administrative tribunals like the IPO may liberally apply procedural rules, allowing substantial compliance with certification requirements.

Jan 18, 2017maritime-lawseafarer-rightsdisability-compensationpoea-contractpermanent-partial-disability

Protecting Seafarers' Permanent Partial Disability and the Right to Compensation

Supreme Court rules seafarers can claim permanent partial disability benefits even if injury is curable or not in POEA schedule.

Jan 16, 2017labor-lawappeal-bondnlrcillegal-dismissallabor-codeprocedure

Appeal Bonds: Financial Hardship Is Not a Valid Excuse for Non-Compliance

The Supreme Court rules that financial difficulty alone cannot excuse an employer from posting the full appeal bond required under the Labor Code.

Jan 16, 2017murdertreacherywitness credibilitycriminal lawrevised penal codesupreme court

Witness Credibility and Treachery: Key Lessons from a Philippine Murder Conviction

The Supreme Court affirms a murder conviction, explaining how witness credibility and treachery are assessed in Philippine criminal law.

Jan 16, 2017property-lawreconstitution-of-titletorrens-titleland-registrationra-26supreme-court

Reconstitution of Titles: Strict Compliance With Legal Requirements Is Mandatory

A Supreme Court ruling on title reconstitution underscores that strict compliance with RA 26's jurisdictional requirements is mandatory, or proceedings are void.

Jan 16, 2017labor-law

Cola Integration When Back Payments Conflict With Salary Standardization IN Government Service

Jan 16, 2017forum shoppinginsurance claimsmortgagedue diligencecondominiumbuyer rights

Mortgage Agreements and Due Diligence: Protecting Buyer Rights in Condominium Developments

The Supreme Court clarifies when a civil case and an administrative complaint constitute forum shopping, protecting claimants' rights to pursue multiple remedies.

Jan 11, 2017land disputefree patentcertificate of titlereconveyancepresumption of regularityclear and convincing evidence

Overcoming Title Presumptions: The Imperative of Clear and Convincing Evidence in Land Disputes

Philippine Supreme Court ruling on why clear and convincing evidence is required to overturn a free patent and certificate of title.

Jan 11, 2017administrative lawgross ignorance of the lawjudicial accountabilitypreliminary injunctionrule 58bp 129

Judicial Accountability: Defining the Boundaries of Gross Ignorance of the Law

When does a judge's legal error become gross ignorance of the law? The Supreme Court clarifies the standard in Ortega v. Judge Dacara.

Jan 11, 2017conspiracyprobable causecorporation codecriminal lawcorporate officersfiduciary duty

Conspiracy and Probable Cause in Corporate Criminal Cases: The Ient v. Tullett Prebon Ruling

Supreme Court clarifies when conspiracy and probable cause establish criminal liability for corporate officers under the Corporation Code.

Jan 11, 2017labor-lawemployee-compensationmyocardial-infarctionoccupational-diseasesocial-security-systemsupreme-court

Myocardial Infarction and Employee Compensation: Proving Causation in Occupational Diseases

A Supreme Court ruling clarifies when myocardial infarction is compensable under the Employees' Compensation Program and what claimants must prove.

Jan 11, 2017agrarian reformjust compensationland bankdarproperty lawra 6657

Just Compensation in Agrarian Reform: Balancing Landowner Rights and Valuation Guidelines

Philippine Supreme Court clarifies that courts must apply DAR valuation formulas in agrarian just compensation cases, not rely solely on market values.

Jan 11, 2017agrarian reformjust compensationland valuationra 6657ra 9700land bank

Just Compensation for Agrarian Land: The Cut-Off Rule Before RA 9700

Philippine Supreme Court clarifies when RA 9700 applies to agrarian land valuation, protecting landowners with claims filed before July 1, 2009.

Jan 11, 2017sharia courtjurisdictioncorporate veilmuslim personal lawslocal governmentcivil law

Piercing the Corporate Veil: Religious Affiliation and Shari'a Court Jurisdiction

Can a municipality be considered Muslim for Shari'a court jurisdiction? The Supreme Court says no, reversing a Shari'a District Court ruling.

Jan 11, 2017maritime lawseafarer disabilitypoea-secpermanent disabilitylabor law

Defining Seafarer Disability Rights: The Limits of Medical Assessments in Maritime Law

The Supreme Court clarifies when a seafarer's disability is permanent and total, and why the company physician's assessment prevails.

Jan 10, 2017falsificationpublic serviceadministrative casejudiciarydishonestycourt employee

Falsification of Court Documents: Accountability and Public Trust in the Judiciary

Court employee dismissed for falsifying a Certificate of Finality in a non-existent case, showing how public trust is protected.

Jan 10, 2017commission-on-auditadministrative-lawgrave-misconductgovernment-employeespublic-accountabilitycoa-jurisdiction

Accountability Prevails: COA's Power to Discipline and Recover Unlawful Benefits

The Supreme Court affirms COA's authority to discipline its personnel and recover unauthorized benefits received from audited agencies.

Jan 10, 2017hierarchy of courtsexhaustion of administrative remedieslocal government codetax ordinancesupreme court

Hierarchy of Courts and Exhaustion of Administrative Remedies: The Imperative for Orderly Legal Processes

The Supreme Court reiterates that parties must observe the hierarchy of courts and exhaust administrative remedies before seeking judicial relief.