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显示第 5833–5856 篇,共 24,683 篇文章

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Nov 7, 2016labor-lawdue-processinsubordinationemployee-rightssupreme-courtlegal-ethics

Insubordination vs Due Process: Employee Rights in the Philippines

The Supreme Court clarifies when a lawyer may buy a client's property without violating ethics, and what this means for employee rights.

Nov 7, 2016criminal-lawsearch-warrantjurisdictionrule-126dangerous-drugssupreme-court

Search Warrant Validity: MTC Authority and Jurisdictional Boundaries

Supreme Court clarifies that a Municipal Trial Court may issue a search warrant even for offenses outside its trial jurisdiction, within the same judicial region.

Nov 7, 2016labor-lawoverseas-employmentsolidary-liabilityrecruitment-agencyillegal-dismissalra-8042

Solidary Liability of Recruitment Agencies Survives Accreditation Transfer

A recruitment agency remains solidarily liable with the foreign principal for overseas workers' claims even after transferring accreditation to another agency.

Nov 7, 2016search warrantcriminal procedurerule 126jurisdictionphilippine law

MTC Authority to Issue Search Warrants: People v. Castillo Explained

The Supreme Court clarifies that MTCs can issue search warrants even for offenses beyond their jurisdiction, under Rule 126.

Nov 7, 2016legal ethicsdisbarmentattorney-client relationshipcode of professional responsibilitycivil codeproperty rights

When a Lawyer Buys a Client's Property: The Business Deal Exception

The Supreme Court clarifies when a lawyer's purchase of a client's property is a valid business deal, not a breach of professional ethics.

Nov 7, 2016legal ethicslawyer-client relationshipdisbarmentcivil codeprofessional responsibility

Breach of Trust in the Workplace: When Approving Authority Implies Culpability

The Supreme Court clarifies when a lawyer's purchase of a client's property violates ethical rules, distinguishing business deals from fiduciary breaches.

Nov 7, 2016labor-lawproject-employeesregular-employmentillegal-dismissalconstruction-industrysupreme-court

Project vs Regular Employment: Defining Worker Rights in the Philippines

The Supreme Court clarifies when construction workers are regular employees, not project-based, and the employer's burden of proof.

Nov 7, 2016contract-lawdamagesunfair-competitionabuse-of-rightscivil-codephilippine-law

When Can a Sale Be Rescinded: Abuse of Rights in Business Contracts

Supreme Court ruling on how a manufacturer's unfair competition against its own distributor can give rise to damages under the Civil Code.

Nov 7, 2016criminal lawrapecredibility of witnessesalibisupreme court

The Weight of Testimony: Conviction on Credible Witness Accounts in Rape Cases

How the Supreme Court affirmed a rape conviction based on the victim's credible testimony, rejecting alibi and denial defenses.

Nov 6, 2016rapeintellectual disabilityconsentcriminal lawrevised penal codesupreme court

Rape of Persons with Intellectual Disability: Consent and Criminal Liability in the Philippines

The Supreme Court clarifies that sexual intercourse with a person with intellectual disability constitutes rape, as they cannot give valid consent.

Nov 6, 2016due processclub membershipcivil lawnominal damagesby-lawssuspension

Due Process in Club Membership Suspensions: The Ching v. QCSC Ruling

When can a club suspend a member without a hearing? The Supreme Court clarifies due process rules in Ching v. Quezon City Sports Club.

Oct 31, 2016maritime-lawseafarer-disabilitywork-related-illnesspoea-standardphilippine-supreme-court

Work-Related Illness and Causation in Seafarer Disability Claims: Key Lessons

Learn how Philippine courts decide seafarer disability claims, focusing on work-related illness, causation, and the POEA standard of proof.

Oct 30, 2016agrarian reformemancipation patentpresidential decree 27voluntary land transferco-ownershipdar

Emancipation Patents Under Voluntary Land Transfer: The Marinas Ruling

The Supreme Court clarifies when emancipation patents are valid under PD 27's Voluntary Land Transfer scheme, including co-owner consent and payment timing.

Oct 19, 2016labor-lawsecurity-of-tenurecontrol-testemployer-employee-relationshipillegal-dismissalretainership-agreement

When a "Retainership" Is Really Employment: The Control Test and Security of Tenure

Philippine Supreme Court clarifies when a retainership agreement masks an employer-employee relationship, applying the control test to protect security of tenure.

Oct 19, 2016criminal-lawchain-of-custodydangerous-drugsra-9165buy-bust-operationevidence

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

The Supreme Court acquits a drug suspect due to broken chain of custody, explaining the strict rules police must follow under RA 9165.

Oct 19, 2016philippine-law

Reckless Brawls AND Fatal Blows Differentiating Homicide From Murder IN THE Heat OF THE Moment

Oct 19, 2016legal ethicsconflict of interestdisqualificationjudicial ethicslawyers

Conflict of Interest: When Prior Judicial Roles Limit Future Legal Practice

Philippine Supreme Court clarifies when a lawyer's prior judicial role creates a disqualifying conflict of interest in later practice.

Oct 19, 2016labor lawillegal dismissalwork slowdownunion officersdue processlabor code

Union Officers Dismissed for Instigating Work Slowdown: What Labor Law Says

The Supreme Court upheld the dismissal of union officers who instigated a work slowdown. Learn the legal rules on illegal concerted activities and due process.

Oct 19, 2016criminal-lawchain-of-custodydangerous-drugsbuy-bust-operationra-9165evidence-integrity

Upholding Chain of Custody in Drug Cases: Ensuring Integrity of Evidence

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

Oct 19, 2016criminal-lawdrug-offenseschain-of-custodyra-9165presumption-of-innocencebuy-bust

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Custody Protocols

When police break drug custody rules, the accused may walk free. The Supreme Court explains why procedure protects everyone.

Oct 19, 2016labor lawillegal dismissalloss of trust and confidenceterminationemployee rights

Loss of Trust and Confidence as Ground for Dismissal: What Employers Must Prove

Philippine Supreme Court clarifies when loss of trust and confidence justifies employee dismissal, requiring willful breach proven by substantial evidence.

Oct 19, 2016labor-lawillegal-dismissalloss-of-trustemployee-rightsterminationdue-process

Breach of Trust in Employment: Upholding Employee Rights Against Unsubstantiated Claims

Employers cannot dismiss on loss of trust without proof. Learn the legal requisites from a 2016 Supreme Court ruling.

Oct 18, 2016labor lawillegal strikeslowdownunion officersterminationdue process

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Oct 18, 2016judicial ethicsadministrative lawcode of judicial conductimmoralitysupreme court

Judicial Ethics: When a Judge's Private Conduct Costs the Bench

A judge's affair with a litigant led to dismissal. The Supreme Court clarifies judicial ethics standards for Philippine magistrates.