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显示第 5929–5952 篇,共 24,687 篇文章

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Sep 21, 2016labor-lawproject-employeesregular-employmentillegal-dismissallabor-codenlrc

Project Employees: When Length of Service Does Not Mean Regular Employment

Supreme Court clarifies that project employees may be validly terminated upon project completion, even after years of continuous service.

Sep 21, 2016administrative lawexhaustion of administrative remediesmarinaoffice of the presidentmaritime industryrule 43

Exhaustion of Administrative Remedies: Appealing MARINA Decisions to the Office of the President

When must MARINA decisions be appealed to the Office of the President before going to court? The Supreme Court clarifies the rule.

Sep 21, 2016criminal lawrobbery with homicidecircumstantial evidencereasonable doubtpresumption of innocencesupreme court

Reasonable Doubt Prevails: Acquittal in Robbery With Homicide Despite Circumstantial Evidence

Supreme Court acquits accused in robbery with homicide case, ruling circumstantial evidence and mere possession of a phone cannot overcome reasonable doubt.

Sep 20, 2016res judicataestate proceedingsprobate court jurisdictionownership disputescivil lawsupreme court

Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership

The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.

Sep 20, 2016disbarmentcode of professional responsibilitylegal ethicsbreach of trustattorney misconduct

Breach of Trust Dismissal for Falsifying Court Documents in the Philippines

Supreme Court disbars lawyer who misappropriated client funds and engaged in double-dealing, violating the Code of Professional Responsibility.

Sep 20, 2016legal ethicsdisbarmentcode of professional responsibilityclient fundsconflict of interest

Lawyer Disbarred for Misappropriating Client Funds and Double-Dealing in Property Sale

Supreme Court disbars lawyer who converted client's loan proceeds, neglected title transfer duties, and represented conflicting interests.

Sep 19, 2016criminal-lawsearch-and-seizurebill-of-rightsexclusionary-ruledangerous-drugsrule-126

Unreasonable Search Evidence Inadmissible When Legal Occupant Prevented From Witnessing Search

Search warrant execution requires lawful occupant presence; preventing them from witnessing search renders evidence inadmissible.

Sep 19, 2016criminal-law

Unreasonable Search Exclusionary Rule AND Witness Requirements IN Drug Cases

Sep 19, 2016criminal lawchild abuser.a. 7610physical injuriessupreme court

Protecting Children Upholding Stiffer Penalties for Child Abuse Under R.A. 7610

The Supreme Court affirms a conviction for child abuse under R.A. 7610, clarifying that physical abuse of a child is penalized more heavily than ordinary physical injuries.

Sep 19, 2016child abusera 7610criminal intentphysical injuriesspecial law

Protecting Children: Defining Child Abuse and Criminal Intent Under Philippine Law

The Supreme Court clarifies when a physical assault on a child is child abuse under R.A. 7610, and how criminal intent is established.

Sep 14, 2016civil-lawexecution-of-judgmentsupervening-eventboracayregalian-doctrinefinal-judgment

Boracay Land Dispute: When a Supervening Event Stops Execution of a Final Judgment

The Supreme Court explains when a supervening event can stop execution of a final judgment, using the Boracay land dispute as a case study.

Sep 14, 2016property-lawsupervening-eventboracayexecution-of-judgmentpublic-landregalian-doctrine

Supervening Events and Boracay Land Claims: Heirs of Maravilla v. Tupas

A Supreme Court ruling on how the Boracay ownership decision stopped execution of a final judgment, explained for property owners.

Sep 14, 2016legal ethicscode of professional responsibilitylawyer disciplineattorney suspensionnegligencelegal fees

Breach of Legal Ethics When Attorneys Neglect Client Matters and Misappropriate Funds

A lawyer who fails to file a client's case and refuses to return legal fees faces suspension for violating the Code of Professional Responsibility.

Sep 14, 2016easementright of waycivil lawproperty lawlandlocked propertycompulsory easement

Ensuring Access: The Indispensable Right to a Legal Easement of Right of Way

When a property becomes landlocked through no fault of its owner, Philippine law grants a legal easement of right of way. Learn the rules from a recent Supreme Court ruling.

Sep 14, 2016surnameillegitimate childrenfamily codechange of namecivil lawjurisprudence

Surname Use for Illegitimate Children: What the Supreme Court Said in Gan v. Republic

The Supreme Court explains when an illegitimate child may use the father's surname, and why changing one's name is a privilege, not a right.

Sep 14, 2016construction lawsubstantial completioncontract terminationgovernment contractsquantum meruitciac

Substantial Completion and Contract Termination in Construction Disputes: PSHS v. Pirra Construction

When is a project substantially completed, and when can a government agency terminate a construction contract? The Supreme Court clarifies.

Sep 14, 2016tax lawtax deductionsdocumentationpwd discountbirphilippine law

Substantiation of Tax Deductions: Proper Documentation Under Philippine Tax Law

Philippine law requires proper documentation for tax deductions, including PWD discounts. Learn the rules and substantiation requirements.

Sep 14, 2016property lawjoinder of partiessubstitutionforeclosuretransfer of interestrules of court

Joinder of Transferee in Pending Foreclosure Case: Cameron Granville v. Chua

When a bank sells a foreclosed debt, can the buyer join the pending case? The Supreme Court clarifies joinder and substitution rules.

Sep 14, 2016urban land reformtenant rightsevictionpresidential decree 1517legitimate tenancyproperty law

Tenant Rights Under Urban Land Reform: Proving Legitimate Tenancy for Protection Against Eviction

The Supreme Court clarifies that only legitimate tenants with proof of tenancy, not mere occupants, receive protection under P.D. No. 1517.

Sep 14, 2016insurance lawcommon carriercargo lossperil of the seacarriage of goodscivil code

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Sep 14, 2016eminent domainjust compensationeasementnational power corporationproperty lawexpropriation

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Sep 14, 2016labor-lawillegal-dismissalemployer-employee-relationshipdue-processfour-fold-testsupreme-court

Upholding Due Process in Dismissals: The Four-Fold Test and Employer Liability

The Supreme Court clarifies the four-fold test for employer-employee relationships and the need for due process in dismissals.

Sep 14, 2016constitutional-lawpolice-powerpersons-with-disabilitysenior-citizens-discountsupreme-courtdrugstores

Discounts FOR THE Disabled Upholding Equal Access TO Medicines Under Police Power

The Supreme Court upholds the 20% PWD medicine discount as a valid exercise of police power, not eminent domain.

Sep 14, 2016criminal-lawrapeforcible-abductionequipoise-rulecredibility-of-witnessesreasonable-doubt

When Testimony Fails the Test: Acquittal in Forcible Abduction with Rape

The Supreme Court acquits a man of forcible abduction with rape, showing how inconsistent victim testimony and the equipoise rule shape criminal convictions.