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显示第 6553–6576 篇,共 24,697 篇文章

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Jan 20, 2016labor-lawsabbatical-leaveabuse-of-rightscivil-codeemployer-discretionsupreme-court

Sabbatical Leave and Abuse of Rights: Understanding Employer Discretion in the Philippines

Philippine Supreme Court clarifies that sabbatical leave is a privilege, not a right, and explains when employer discretion amounts to abuse of rights.

Jan 20, 2016maritime-lawseafarer-disabilitypoea-secpremature-filingvoluntary-arbitrationwallem-v-quillao

Premature Filing Bars Seafarers Disability Claim: POEA-SEC 240-Day Rule Explained

Filing a disability claim before the company doctor issues an assessment within 240 days can be fatal. Learn from this Supreme Court ruling.

Jan 20, 2016tax refundvatcourt of tax appealscommissioner of internal revenue120-day rulejurisprudence

Untimely Tax Refund Claims: The Mandatory 120+30 Day Rule

Why filing a VAT refund case before the 120-day period expires can cost a taxpayer everything, even a valid claim.

Jan 20, 2016tax saledue processproperty rightsland ownershipphilippine law

Tax Sales and Due Process: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on tax sales, due process, and property rights protection for landowners and buyers.

Jan 20, 2016amusement taxlocal taxationlocal government codegolf coursesupreme courtcebu city

Golf Courses and Amusement Tax: When Local Tax Power Exceeds Its Boundaries

The Supreme Court nullifies Cebu City's amusement tax on golf courses, ruling it exceeds the Local Government Code's grant of taxing authority.

Jan 20, 2016trademark lawintellectual propertydominancy testconfusing similarityiposupreme court

Trademark Law Dominancy Test Prevails in Papa Brand Dispute

Supreme Court applies dominancy test in trademark confusion case between Papa and Papa Boy & Device marks.

Jan 19, 2016legal ethicscode of professional responsibilitylawyer disciplinesuspensionattorney misconduct

Lawyer Suspended Three Years for Borrowing Client's Jewelry and Issuing Worthless Check

Supreme Court suspends lawyer for three years for pawning client's jewelry and issuing a dishonored check, violating the Code of Professional Responsibility.

Jan 19, 2016election-lawcandidate-substitutioncertificate-of-candidacycomelecsupreme-courtelectoral-will

The People's Choice Prevails: Upholding Electoral Will Over Procedural Technicalities in Candidate Substitutio

Supreme Court rules that a deceased candidate's substitute cannot be disqualified on technical grounds after the electorate has spoken.

Jan 18, 2016civil service commissionphilippine national red crosssui generisadministrative lawjurisdictionlabor law

PNRC Sui Generis Status and CSC Jurisdiction: Balancing Autonomy and Public Accountability

Explaining the Supreme Court ruling that the CSC has appellate jurisdiction over PNRC employees despite the Red Cross's sui generis status.

Jan 18, 2016chain of custodydangerous drugsra 9165buy-bust operationevidencecriminal law

Chain of Custody in Drug Cases: Ensuring Integrity of Evidence for Conviction

How the Supreme Court applied the chain of custody rule in People v. Miranda y Beltran to uphold a drug conviction.

Jan 18, 2016criminal lawchain of custodydangerous drugsra 9165evidencebuy-bust operation

Chain of Custody in Drug Cases: Ensuring Integrity of Evidence for Conviction

Philippine Supreme Court explains why strict chain of custody rules matter in drug cases, and how lapses can affect convictions.

Jan 18, 2016criminal lawdangerous drugschain of custodybuy-bust operationra 9165supreme court

Marijuana Transportation Establishing Intent and Upholding Chain of Custody in Drug Cases

A look at how Philippine courts establish intent in marijuana transportation cases and apply the chain of custody rule under RA 9165.

Jan 18, 2016treacherymurdercriminal lawwitness credibilityalibirevised penal code

Treachery in Murder Cases: Intent, Witness Credibility, and the Weight of Alibi

The Supreme Court affirms a murder conviction for a shooting qualified by treachery, clarifying witness credibility and the defense of alibi.

Jan 13, 2016lease agreementsequipment leasingdefaultsuretyshipcivil codecommercial law

Equipment Leasing Default: What Returning Leased Machines Really Means

When a lessee defaults, returning equipment does not automatically erase the debt. The Supreme Court clarifies the rules on lease default remedies.

Jan 13, 2016labor-lawillegal dismissaldue processfinality of judgmentnominal damagesnlrc

Finality vs Due Process: Resolving Conflicting Rulings on Employment Status

A Supreme Court ruling clarifies when NLRC monetary awards become final, and why a valid dismissal still requires procedural due process.

Jan 13, 2016chain of custodydangerous drugsra 9165buy-bust operationcriminal lawacquittal

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

The Supreme Court acquits a drug suspect because police failed to follow Section 21's chain of custody rules, stressing evidence integrity.

Jan 13, 2016chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters

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

Jan 13, 2016administrative-lawexecution of judgmentprohibitionsuretyexcussionfinality of judgment

Orix v. Cardline: Final Judgments, Execution, and the Limits of Prohibition

Final judgments must be executed as written. The Court clarifies when prohibition may challenge execution and the rules on sureties and excussion.

Jan 13, 2016real-estate-lawhlurbsubdivisionopen-spacemortgagehomeowners-association

Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes

When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.

Jan 13, 2016mortgage lawreal estate mortgageforeclosureproperty rightstorrens titlecivil law

Mortgage Rights Prevail Protecting Mortgagee Interests Over Subsequent Property Contracts

Philippine Supreme Court ruling on how registered mortgages prevail over later contracts to sell, protecting mortgagee rights.

Jan 13, 2016estafacriminal lawbreach of trustcommission agreementrevised penal codemisappropriation

Breach of Trust When a Commission Agreement Leads to Criminal Liability for Estafa

When does failing to remit sales proceeds become estafa, not just debt? The Supreme Court explains in Cheng v. People.

Jan 13, 2016moonlightingadministrative casecourt employeescivil servicecode of conduct

When a Court Employee's Side Business Crosses the Line: Moonlighting Rules Explained

Court stenographer's side business processing land titles led to administrative liability for moonlighting. Learn the rules and limits.

Jan 13, 2016labor-lawillegal-dismissalbreach-of-trustdue-processtermination-of-employmentjurisprudence

Breach of Trust in Employment: Requisites for Valid Dismissal in the Philippines

A Supreme Court ruling clarifies when breach of trust justifies dismissal and what due process requires in Philippine labor law.

Jan 13, 2016labor-only contractingemployer-employee relationshiplabor codejob contractingworkers rights

Labor-Only Contracting: Identifying the True Employer and Protecting Workers' Rights

The Supreme Court clarifies who the true employer is in labor-only contracting arrangements, protecting workers' rights under Philippine law.