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显示第 553–576 篇,共 24,591 篇文章

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Jul 10, 2023labor-only contractingjob contractinglabor codeillegal dismissalphilippine labor law

Labor-Only Contracting vs Legitimate Job Contracting: Key Distinctions and Employer Responsibilities

The Supreme Court clarifies the distinction between labor-only contracting and legitimate job contracting, and the employer liabilities that follow.

Jul 10, 2023criminal-lawchain-of-custodydrug-casesra-9165section-21acquittal

Chain of Custody in Drug Cases: How a Marking Error Can Lead to Acquittal

A marking error in the chain of custody can break the link and lead to acquittal in drug cases, as shown in People v. Valencia.

Jul 9, 2023real estate lawcourt jurisdictionproperty disputesassessed valuerecovery of possessionbp 129

Property Dispute Jurisdiction: Assessed Value of the Contested Area, Not the Whole Lot

Philippine courts decide property dispute jurisdiction by the assessed value of the specific area in question, not the entire property. Learn the rule.

Jul 5, 2023perpetuation of testimonyrule 24depositiondue processfishing expeditionrules of court

Perpetuation of Testimony: Balancing Due Process and Preventing Fishing Expeditions

The Supreme Court clarifies when perpetuation of testimony is allowed, protecting due process and barring fishing expeditions.

Jul 4, 2023writ of amparored-taggingconstitutional rightshuman rightssupreme court

Red-Tagging and the Writ of Amparo: Protecting Rights in the Philippines

The Supreme Court clarifies when red-tagging can justify a writ of amparo, reversing a trial court's outright dismissal of an activist's petition.

Jul 3, 2023jurisdictiondue processservice of noticecourt of appealsrule 46certiorari

Jurisdiction and Due Process: When Courts Cannot Act Without Serving Notice

Philippine Supreme Court ruling on when courts acquire jurisdiction over respondents and why proper service of notice is essential to due process.

Jul 3, 2023special-leave-benefits-for-womenemployment-lawsupreme-courtthree-day-notice-ruleadministrative-casejudicial-ethics

Understanding Special Leave Benefits for Women: Insights From a Landmark Supreme Court Case

A Supreme Court ruling clarifies the procedural requirements for special leave benefits for women, emphasizing the importance of the three-day notice rule in motions.

Jul 2, 2023foreclosureact no. 3135publication requirementextrajudicial salesupreme court ruling

Foreclosure Publication Rule: Why Missing the Notice Voids the Sale

Failure to publish a foreclosure notice under Act No. 3135 is a jurisdictional defect that invalidates the sale, as Baclig v. Rural Bank of Cabugao shows.

Jun 27, 2023judicial clemencysupreme courtadministrative lawjudgesretirement benefitslegal ethics

Judicial Clemency in the Philippines: When a Dismissed Judge Can Be Forgiven

The Supreme Court explains the rules on judicial clemency and when a dismissed judge may recover retirement benefits.

Jun 27, 2023disbarmentlegal ethicscode of professional responsibilitysupreme courtlawyer disciplinegender-based harassment

Attorney Disbarment When Dishonesty AND Neglect Lead TO Loss OF Legal License

The Supreme Court disbarred Atty. Lorenzo Gadon for profane, misogynistic language against a journalist, reaffirming that lawyers must uphold dignity in public and private life.

Jun 27, 2023disbarmentlegal ethicsgovernment lawyerscode of professional responsibilitysupreme courtadministrative law

Attorney Disbarment When Online Conduct Violates Professional Ethics in the Philippines

Philippine Supreme Court clarifies when government lawyers face disbarment for official acts under new CPRA guidelines.

Jun 27, 2023ombudsmangoccjurisdictionanti-graftsandiganbayanpublic officers

Ombudsman Jurisdiction Over GOCCs: What You Need to Know

The Supreme Court clarifies that the Ombudsman has jurisdiction over officials of GOCCs without original charters, expanding anti-graft oversight.

Jun 27, 2023clerks of courtadministrative liabilityjudiciary fundsgross misconductserious dishonestyfiduciary duty

Clerk of Court Dismissed for Mismanaging Judiciary Funds: A Cautionary Tale

A clerk of court was dismissed for gross neglect, misconduct, and serious dishonesty after failing to remit and misappropriating judiciary funds.

Jun 27, 2023election-lawadministrative casecourt personnelgross misconductdishonestymoral turpitude

Supreme Court Upholds Dismissal of Court Clerk for Theft of Court Funds

Court personnel who steal from court collections face dismissal, forfeiture of benefits, and disqualification from public office.

Jun 27, 2023employee theftqualified theftgross misconductdishonestyadministrative casephilippine labor law

Employee Theft in the Philippines: Legal Consequences and Prevention

A Supreme Court ruling on a court clerk who stole PHP 277,000 explains the legal consequences of employee theft in the Philippines and how employers can prevent it.

Jun 26, 2023grave misconductadministrative lawcivil servicesubstantial evidencepublic officialsdismissal

Grave Misconduct vs. Simple Neglect: When Can Philippine Officials Be Dismissed?

The Supreme Court clarifies when a public official may be dismissed for grave misconduct and how substantial evidence shapes administrative cases.

Jun 26, 2023mandamuslocal governmentmaguindanao del norteadministrative lawsupreme courtphilippine law

Mandamus and Local Governance: Ensuring the Operation of Newly Created Provinces in the Philippines

The Supreme Court clarifies that newly created provinces must not be left without officials, compelling the BLGF to process appointments.

Jun 26, 2023illegal dismissallabor lawdue processterminationsupreme courtphilippines

When Dismissal Fails Due Process: The Lapanday Foods Ruling on Valid Termination

Explore the Supreme Court's Lapanday Foods ruling on illegal dismissal, the twin notice rule, and what employers must prove to validly terminate employees.

Jun 26, 2023criminal-lawsearch-and-seizureconstitutional-rightsillegal-possession-of-firearmswarrantless-arreststop-and-frisk

Unlawful Search and Seizure: Protecting Constitutional Rights in Firearm Possession Cases

The Supreme Court acquits a man convicted of illegal firearm possession, clarifying the limits of warrantless searches and the right against unreasonable searches.

Jun 26, 2023human traffickinganti-traffickingcriminal lawra 9208prostitutionqualified trafficking

Combating Human Trafficking: The State's Burden to Prove Trafficking for Prostitution

The Supreme Court clarifies the elements of qualified human trafficking for prostitution, emphasizing that actual sexual intercourse is not required for conviction.

Jun 26, 2023family-lawforeign-divorcearticle-26family-coderecognition-of-foreign-judgmentmixed-marriage

Divorce Initiated by Filipinos Abroad: Recognizing Foreign Divorce Decrees in the Philippines

The Supreme Court clarifies that Filipino spouses can obtain and seek recognition of foreign divorce decrees, reversing a lower court ruling.

Jun 25, 2023civil lawimmutability of judgmentsfinal judgmentsexecutionsupreme court

Final and Executory Judgments: The Doctrine of Immutability in Philippine Courts

Once a judgment becomes final and executory, courts cannot revisit it. Learn the doctrine of immutability, its exceptions, and key lessons from a recent Supreme Court ruling.

Jun 21, 2023criminal-lawchain of custodyra 9165drug evidencebuy-bust operationacquittal

Chain of Custody Safeguarding Drug Evidence Integrity

The Supreme Court acquits a drug suspect over broken chain of custody, underscoring strict compliance with Section 21 of RA 9165.

Jun 21, 2023notarial practiceadministrative lawlegal ethicssupreme courtnotary publicprofessional responsibility

Upholding Notarial Integrity: Consequences for False Notarization and Misrepresentation

A lawyer who notarized a deed without the seller's presence and made untruthful statements in court faces suspension, fine, and notarial disqualification.