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显示第 5737–5760 篇,共 24,682 篇文章

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Dec 5, 2016due processexecution salecorporate officerssolidary liabilitylabor lawpiercing corporate veil

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.

Dec 5, 2016execution salelevycivil procedurerule 39sheriffphilippine law

Invalid Execution Sales: The Imperative of Proper Levy on Properties in the Philippines

A lawful levy is a prerequisite to a valid execution sale. Learn the rules from a 2016 Supreme Court ruling.

Dec 5, 2016appellate procedureevidencecriminal procedurephilippine lawsupreme courtrules of court

The Limits of Appellate Courts Introducing New Evidence on Appeal in Philippine Law

Philippine appellate courts generally cannot receive new evidence on appeal; review is limited to the trial record. This article explains the rule.

Dec 5, 2016labor-lawcorporate-liabilitydue-processpiercing-corporate-veilnircsupreme-court

Due Process and Corporate Liability: When Can a Corporate Officer Be Held Personally Liable

Philippine Supreme Court clarifies when corporate officers can be held personally liable for labor judgments and why due process matters.

Dec 5, 2016public biddinggovernment discretionadministrative lawmactan cebu airportprocurement law

Upholding Government Discretion in Public Bidding: The Mactan Cebu Airport Case

The Supreme Court affirms that courts cannot override the government's discretion in public bidding, absent grave abuse of discretion.

Dec 5, 2016kidnappingransomhomicidecriminal lawrevised penal codesupreme court

Accountability Under the Law: Determining Guilt in Kidnapping for Ransom With Homicide

How Philippine courts convict accused persons of kidnapping for ransom with homicide, explained through a 2016 Supreme Court ruling.

Dec 1, 2016labor lawunion duesagency feeslabor codecheck-offsupreme court

Union Dues and Agency Fees: When Can Labor Unions Validly Increase Them?

Philippine Supreme Court clarifies the documentary requirements for valid union dues and agency fee increases under the Labor Code.

Dec 1, 2016legal ethicsonline defamationfacebookcode of professional responsibilitylawyer disciplinesocial media

Lawyers' Facebook Posts and Online Defamation: Ethical Limits Under Philippine Law

When can a lawyer's Facebook posts lead to suspension? The Supreme Court clarifies privacy, free speech, and professional conduct online.

Nov 30, 2016labor lawunion duesagency feeslabor codesupreme courtemployee rights

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

Nov 29, 2016constitutional-law

Judicial Independence Addressing Baseless Administrative Complaints Against Justices

Nov 29, 2016constitutional lawjudicial reviewripenesspeace agreementsbangsamorosupreme court

Peace Agreements and Premature Constitutional Challenges: Why Courts Wait for Implementing Laws

The Supreme Court dismissed challenges to the Bangsamoro peace agreements as premature, explaining why courts wait for implementing laws before ruling on constitutionality.

Nov 29, 2016fiscal autonomycommission on auditphilippine health insurance corporationgovernment-owned corporationscompensationadministrative law

Fiscal Autonomy vs COA Oversight: Striking the Balance in PHIC

The Supreme Court clarifies that PHIC's fiscal autonomy does not exempt it from COA oversight and compensation standards.

Nov 29, 2016taxationfreeport zonesexecutive powerrevenue regulationsconstitutional lawvat

Taxation and Freeport Zones: The Limits of Executive Power in Revenue Regulation

The Supreme Court strikes down a revenue regulation imposing VAT and excise tax on freeport zone importations, affirming that tax exemptions cannot be revoked by executive issuance.

Nov 29, 2016sandiganbayanjudicial appointmentsquo warrantojudicial and bar councilpresidential powerconstitutional law

Integrity Under Scrutiny: Examining Corruption Allegations Against Judges and Justices

The Supreme Court clarifies the President's power to appoint Sandiganbayan justices and the limits of judicial review in quo warranto cases.

Nov 29, 2016fiscal autonomycommission on auditgovernment corporationsemployee benefitsphicsalary standardization law

Fiscal Autonomy vs COA Authority: PHIC Allowances and the Limits of GOCC Discretion

Explaining the Supreme Court ruling on PHIC's disallowed allowances, fiscal autonomy limits, and COA's audit power over GOCC benefits.

Nov 28, 2016insurance-lawconcealmentmisrepresentationrescissionburden-of-proofmanulife

Duty of Disclosure in Insurance Contracts: Insurers Must Prove Concealment

Philippine Supreme Court clarifies that insurers bear the burden of proving concealment or misrepresentation by convincing evidence before rescinding policies.

Nov 28, 2016legal ethicsattorney disciplineclient fundscode of professional responsibilityretainershipdocument return

Upholding Client Trust: Attorney's Duty to Account for Funds and Return Documents

A lawyer cannot withhold client funds or documents for unpaid fees; the Supreme Court suspends Atty. Jimenez for six months.

Nov 28, 2016labor-lawillegal dismissalbreach of trustloss of confidencephilippine jurisprudence

Breach of Trust in Employment: When Negligence Justifies Dismissal

The Supreme Court ruled that negligence in handling company property can justify dismissal for breach of trust, even without proof of theft or misconduct.

Nov 28, 2016securities regulationcease and desist orderinvestment contractssecprimary jurisdictionadministrative law

SEC Cease and Desist Orders and Investment Contracts: A Supreme Court Primer

The Supreme Court clarifies that SEC cease and desist orders are interlocutory, not appealable, and that the SEC has primary jurisdiction over investment contract questions.

Nov 28, 2016quieting of titlereconveyancefraudlachesheirscivil law

Unraveling Fraud Protecting Heirs Rights IN Property Disputes

The Supreme Court clarifies when heirs can pursue quieting of title and reconveyance despite allegations of fraud and laches.

Nov 28, 2016right-to-counseldue-processcriminal-procedureestafaunauthorized-practice-of-law

When a Fake Lawyer Represented the Accused: Due Process and the Right to Counsel

The Supreme Court voids a conviction where the accused was represented by a non-lawyer, reaffirming the absolute right to counsel.

Nov 28, 2016property-lawpublic-landacquisitive-prescriptionjust-compensationpublic-land-actnational-housing-authority

Acquiring Public Land: Open Possession Since 1945 and the Right to Compensation

A Supreme Court ruling clarifies when long possession of public land can ripen into ownership and entitle a claimant to just compensation.

Nov 28, 2016criminal-law

Protecting THE Vulnerable Upholding Conviction IN Statutory Rape Cases 3

Nov 28, 2016right to counseldue processcriminal procedureestafaunauthorized practice of law

Right to Counsel in Criminal Cases: When a Fake Lawyer Means Denial of Due Process

The Supreme Court ruled that conviction is void when an accused is represented by a non-lawyer, as it violates the constitutional right to counsel.