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显示第 6769–6792 篇,共 24,698 篇文章

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Sep 23, 2015maritime lawseafarer disabilitypermanent total disabilitypoea-seclabor codeofw rights

Beyond 120 Days: Seafarer’s Right to Permanent Total Disability Benefits

The Supreme Court clarifies when a seafarer is deemed permanently and totally disabled under the 120-day rule and POEA-SEC.

Sep 23, 2015labor-lawillegal-dismissalchoice-of-lawconflict-of-lawsforeign-employertermination

Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment

Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.

Sep 23, 2015criminal-lawrapequalified-rapevictim-testimonyevidencereclusion-perpetua

Rape Conviction Upheld: Victim Testimony and Procedural Compliance in Rape Cases

The Supreme Court affirms the conviction of a father for qualified rape, underscoring the weight of credible victim testimony and the importance of procedural compliance.

Sep 23, 2015illegal dismissalburden of prooflabor lawreinstatementbackwagesfloating status

Proving Illegal Dismissal: The Employee's Burden of Proof in Philippine Labor Law

In illegal dismissal cases, employees must first prove they were dismissed. The Supreme Court clarifies this burden in Tri-C General Services v. Matuto.

Sep 23, 2015corporate lawintellectual propertycorporate nametrademarksecbrand protection

Corporate Identity Theft Protecting Your Brand Name Under Philippine Law

Learn how the Supreme Court protects corporate names from confusing similarity, and what businesses must prove to secure exclusive brand rights.

Sep 23, 2015labor lawprescriptionnlrcexecution of judgmentcompromise agreement

Prescription in Labor Disputes: The Importance of Timely Execution of NLRC Decisions

A Supreme Court ruling on prescription periods for executing NLRC decisions and the consequences of delay in enforcing labor judgments.

Sep 21, 2015circumstantial evidencemurdercriminal lawrules of courtbeyond reasonable doubt

Circumstantial Evidence and Murder Conviction: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for murder, applying the Rules of Court standard.

Sep 21, 2015agrarian reformtenancydarabjurisdictioncivil lawland dispute

Tenancy vs Ownership: Who Hears Agrarian Disputes?

The Supreme Court clarifies when a case is an agrarian dispute for DARAB and when it belongs in regular courts, using a Bulacan land case.

Sep 21, 2015forum shoppinglitis pendentiacivil proceduredamagesright of waysupreme court

Navigating the Shoals of Forum Shopping: Dismissal of Damages Claim Reversed

The Supreme Court clarifies that forum shopping requires identity of causes of action, not just identity of parties.

Sep 21, 2015pdicbank insolvencyreceivershipcivil procedurerepresentative partybangko sentral

PDIC Role in Bank Insolvency Cases: Representative, Not Substitute Party

Explains Balayan Bay Rural Bank v. NLDC, clarifying PDIC's role as representative party, not substitute, in suits involving closed banks.

Sep 16, 2015maritime-lawseafarer-disabilitypoea-seclabor-lawdisability-benefitspremature-claim

Premature Disability Claims: Seafarers Must Follow Medical Assessment Procedures

The Supreme Court clarifies when a seafarer's disability claim is premature and why following the POEA-SEC medical assessment procedure matters.

Sep 16, 2015criminal-lawchain-of-custodydrug-offensesra-9165buy-bust-operationevidence

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Evidence Procedures

The Supreme Court acquits a drug suspect when police break the chain of custody, underscoring strict compliance with Section 21 of RA 9165.

Sep 16, 2015construction lawlegal interestgovernment contractsquantum meruitcivil law

Construction Contracts and Legal Interest: Determining Liability in Government Projects

The Supreme Court clarifies when 6% legal interest applies to unpaid construction claims against government agencies and local governments.

Sep 16, 2015labor-lawsecurity-of-tenuremanagement-prerogativesecurity-agencyjurisprudencephilippine-supreme-court

Security of Tenure vs Management Prerogative: Balancing Rights in Security Agency Employment

Philippine Supreme Court ruling on the balance between security of tenure and management prerogative in security agency employment.

Sep 16, 2015seafarer disabilitypoea-secwork-related illnessmaritime lawdisability benefitssupreme court

Causal Connection Is Key in Seafarer Disability Claims for Work-Related Illnesses

Philippine Supreme Court clarifies that seafarers must prove a causal connection between their illness and work to receive disability benefits.

Sep 16, 2015corporation-law

Foreign Investment Limits in the Corn Industry: What as required by R.A. 3018. The Court rejected this reading

Purina also invoked an older case, Chua U v. Lim, which interpreted R.A. 3018 as applying only when rice or corn is the principal ingredient of a product and th

Sep 16, 2015agrarian reformjust compensationland bankra 6657expropriationproperty law

Just Compensation for Agrarian Reform: Balancing Landowner Rights and Social Justice

The Supreme Court clarifies how just compensation is computed in agrarian reform cases, balancing landowner rights with social justice.

Sep 16, 2015criminal-law

Chain OF Custody IN Drug Cases Integrity OF Evidence Prevails Over Procedural Lapses 2

Sep 16, 2015contract-lawloan-restructuringqualified-acceptancecounter-offercivil-codephilippine-national-bank

Loan Restructuring Qualified Acceptance and the Absence of a Binding Agreement

When a borrower's "acceptance" of a bank's restructuring offer is qualified, it becomes a counter-offer, not a binding contract.

Sep 14, 2015property-lawpublic-land-actfree-patentreversionland-titlesupreme-court

Voiding Land Sales: The Public Land Act's Five-Year Prohibition and Reversionary Rights

When can a land sale be voided under the Public Land Act? Learn the five-year prohibition rule, reversion, and in pari delicto exceptions.

Sep 14, 2015sheriffs dutywrit of executionadministrative caserules of courtsimple neglect of duty

Sheriffs Duty Timely Reporting In Writ Execution Under Philippine Law

Philippine Supreme Court clarifies sheriffs mandatory duty to file periodic returns in writ execution, imposing administrative liability for delay.

Sep 9, 2015maritime-lawseafarer-disabilitypoea-secwork-related-illnessdisability-benefitssupreme-court

Work-Related Skin Illness: Seafarer Wins Disability Benefits Despite Fit-to-Work Declaration

Philippine Supreme Court rules a seafarer with work-related skin illness can get disability benefits even if declared fit to work.

Sep 9, 2015parricidecustodial investigationright to counselres gestaecircumstantial evidencerevised penal code

Spontaneous Confessions in Parricide Cases: When the Right to Counsel Does Not Apply

A son's spontaneous confession to police was admissible despite no lawyer present, because custodial investigation had not yet begun.

Sep 9, 2015constructive dismissallabor lawresignationjurisdictionlabor arbitersupreme court

Constructive Dismissal Claims: When Resignation Is Voluntary and Not Forced

The Supreme Court clarifies when a resignation is voluntary rather than constructive dismissal, and which money claims belong in labor courts.