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显示第 6217–6240 篇,共 24,691 篇文章

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Jun 15, 2016criminal lawdangerous drugsbuy-bust operationchain of custodyra 9165jurisprudence

Upholding Buy-Bust Operations and the Chain of Custody Rule in Drug Cases

The Supreme Court affirms a drug conviction, explaining buy-bust operations, chain of custody, and why procedural lapses did not free the accused.

Jun 15, 2016labor-lawconstructive-dismissalpreventive-suspensionillegal-dismissalnlrcemployee-rights

Indefinite Preventive Suspension Is Constructive Dismissal: Agcolicol v. Casiño

When an employer suspends a worker indefinitely beyond 30 days, the suspension ripens into constructive dismissal, entitling the employee to backwages and separation pay.

Jun 15, 2016labor lawillegal dismissalbreach of trustbankingterminationnlrc

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Jun 15, 2016civil-law

Upholding Judicial Stability THE Limits OF CO Equal Court Jurisdiction IN Property Execution

Jun 15, 2016labor-lawdoleemployer-employee-relationshipdue-processlabor-standardsjurisdiction

Employer-Employee Relationship and Due Process in DOLE Labor Standards Cases

Supreme Court ruling on DOLE jurisdiction, employer-employee relationship requirements, and due process in labor standards enforcement.

Jun 15, 2016forum shoppingcivil procedureannulment of judgmentcontempt of courtrule 47supreme court

Forum Shopping: Simultaneous Appeal and Annulment of Judgment Constitutes Abuse

Philippine Supreme Court rules that pursuing an appeal and a petition for annulment of judgment simultaneously constitutes forum shopping and may warrant contempt.

Jun 15, 2016labor-lawillegal dismissalnegligencedue processvoluntary arbitrationjurisprudence

Negligence on the Road: When Employer Liability Intersects With Employee Conduct

A Supreme Court ruling on bus driver dismissals clarifies negligence as just cause, procedural due process, and the limits of settlement authority.

Jun 15, 2016labor-lawconstructive-dismissalpreventive-suspensionemployee-rightsillegal-dismissal

Indefinite Preventive Suspension Is Constructive Dismissal: Employee Rights in the Philippines

The Supreme Court rules that an indefinite preventive suspension beyond 30 days amounts to constructive dismissal, entitling the employee to backwages and separation pay.

Jun 15, 2016criminal-lawbuy-bust operationentrapmentra 9165dangerous drugsconstitutional rights

Buy-Bust Operations: Where Entrapment Ends and Constitutional Rights Begin

The Supreme Court clarifies the line between valid entrapment in buy-bust operations and impermissible instigation, affirming a drug conviction under RA 9165.

Jun 15, 2016res judicataagrarian reformdarabcivil lawpartitionjurisdiction

Res Judicata in Agrarian Disputes: Identity of Parties and Causes of Action

When does a DARAB ruling bar a court case? The Supreme Court clarifies the requisites of res judicata, especially identity of parties and causes of action.

Jun 15, 2016criminal-lawchild-abusera-7610slight-physical-injuriesrevised-penal-codesupreme-court

Child Abuse vs Slight Physical Injuries: The Intent Requirement in Philippine Law

When does a slap on a child become child abuse under RA 7610, and when is it only slight physical injuries? The Supreme Court clarifies the role of intent.

Jun 14, 2016treacherymurderfrustrated murdercircumstantial evidencecriminal lawpeople-v-oandasan

Treachery in Multiple Shooting: How a Cascade of Violence Proved Guilt

When one sudden attack fells several victims, treachery may qualify each offense—explaining the Supreme Court's ruling in People v. Oandasan.

Jun 14, 2016disbarmentlegal ethicsimmoralitycode of professional responsibilityadministrative lawsupreme court

Disbarment for Deceit: Upholding Ethical Standards in the Legal Profession

The Supreme Court suspends a lawyer for immorality, clarifying that only the Court can discipline lawyers and that compliance must be actual.

Jun 13, 2016vattax-refundecozonecross-border-doctrinepezataxation

VAT Refunds for Ecozone Enterprises: The Cross Border Doctrine Explained

Supreme Court clarifies when ecozone enterprises can claim VAT refunds and how the Cross Border Doctrine affects input tax claims.

Jun 13, 2016labor-lawprocedural-due-processillegal-dismissalterminationnominal-damagesomnibus-rules

Procedural Due Process in Employment Termination: The Right to a Hearing

Philippine Supreme Court clarifies that employers must provide a hearing or conference, not just written notices, before validly dismissing employees.

Jun 13, 2016judicial ethicsdisqualificationjudgesrules of courtadministrative case

Judicial Impartiality: A Judge's Duty to Disqualify in Cases Involving Relatives

The Supreme Court clarifies when judges must disqualify themselves from cases involving relatives, even at the warrant stage.

Jun 13, 2016citizenshipdeportationdue processbureau of immigrationadministrative law

Citizenship Revocation and Deportation: Due Process in Philippine Law

The Supreme Court nullified a deportation order based on flimsy evidence, underscoring that citizenship revocation demands substantial proof and due process.

Jun 8, 2016labor-lawillegal-dismissalvoluntary-resignationcorporate-restructuringpierce-corporate-veilnlrc-appeals

Voluntary Resignation vs Illegal Dismissal: What Corporate Restructuring Means for Employee Rights

When is a resignation truly voluntary? The Supreme Court clarifies the distinction in Malixi v. Mexicali Philippines.

Jun 8, 2016estafacriminal lawdeceitfalse pretenserevised penal code

When Selling Another’s Property Is Not Estafa: The Ison Case

The Supreme Court explains when a false claim of ownership does not amount to estafa, and why the prosecution must prove deceit beyond reasonable doubt.

Jun 8, 2016rapecriminal lawvictim testimonycircumstantial evidencesupreme courtreclusion perpetua

Protecting the Vulnerable: Statutory Rape and the Primacy of Victim Testimony in Philippine Law

The Supreme Court affirms a rape conviction based on circumstantial evidence and the credible testimony of a 16-year-old victim who was rendered unconscious during the assault.

Jun 8, 2016labor-lawillegal dismissalreinstatementbackwagesbusiness closurenlrc

Reinstatement Salaries After Business Closure: Employer Liability Rules

When a company validly closes, can workers still claim reinstatement salaries from a reversed Labor Arbiter ruling? The Supreme Court explains.

Jun 8, 2016administrative-law

Water Rights AND Corporate Counsel Ensuring Regulatory Compliance IN Water USE

Jun 8, 2016qualified theftcircumstantial evidencecriminal lawrevised penal codegrave abuse of confidence

Qualified Theft Conviction Upheld: When Circumstantial Evidence Proves Guilt Beyond Doubt

The Supreme Court affirms a qualified theft conviction based on circumstantial evidence, explaining when such evidence suffices to prove guilt.

Jun 8, 2016criminal-lawlibelmotion-to-quashrules-of-courtcyber-libelsupreme-court

When Defective Informations Can Be Amended: Lessons from a Libel Case on Venue and Publication

The Supreme Court clarifies when defective informations in libel cases may be amended before arraignment, and when dismissal is proper.