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显示第 6793–6816 篇,共 24,699 篇文章

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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.

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, 2015labor-law

Untimely Filing: Strict Adherence to Procedural Rules in Labor Disputes

A three-day delay doomed a petition in a labor case, as the Supreme Court reaffirmed that the 60-day

Sep 9, 2015labor-lawcertiorariappeal-deadlinesrule-65nhrcprocedural-rules

Strict Appeal Deadlines: Supreme Court Upholds Dismissal of Late Certiorari Petition

The Supreme Court affirms that the 60-day period for filing a petition for certiorari is strict and mandatory, dismissing a three-day late appeal.

Sep 9, 2015illegal recruitmentestafalabor lawoverseas employmentsupreme courtcriminal law

Illegal Recruitment in Large Scale and Estafa: Conviction Upheld by Supreme Court

Learn how the Supreme Court affirmed convictions for illegal recruitment in large scale and estafa, and what this means for overseas job seekers.

Sep 9, 2015illegal recruitmentestafalabor lawcriminal lawra 8042philippine supreme court

Supreme Court Upholds Conviction for Large-Scale Illegal Recruitment and Estafa

The Supreme Court affirmed a conviction for large-scale illegal recruitment and estafa, clarifying the elements of both crimes and the penalties imposed.

Sep 9, 2015legal ethicsattorney negligencecode of professional responsibilitydisbarmentcontingent feesupreme court

Upholding Attorney Accountability: Negligence and the Duty to Client

A lawyer's failure to file an appellant's brief and keep a client informed leads to a six-month suspension, while a contingent fee contract is upheld.

Sep 9, 2015labor-lawconstructive-dismissalresignationillegal-dismissallabor-arbiter-jurisdictionsupreme-court

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.

Sep 9, 2015labor-lawjurisdictionintra-corporate disputelabor arbitersecurities regulation codeemployment claims

Navigating Jurisdictional Boundaries Resolving Employment Disputes Within Corporate Structures

The Supreme Court clarifies which courts and tribunals have jurisdiction when employment claims and intra-corporate disputes overlap in one case.

Sep 9, 2015constructive dismissalfloating statustransfer of employeesmanagement prerogativelabor law

Constructive Dismissal When a Transfer and Floating Status Become Illegal Termination

When do a transfer and floating status cross the line into constructive dismissal? The Supreme Court explains in ICT Marketing v. Sales.

Sep 8, 2015corporation codeasset transfercorporate liabilitiessection 40business enterprise transfercivil law

Corporate Asset Transfers: When Does a Buyer Inherit the Seller's Liabilities

Philippine Supreme Court clarifies when a corporation buying all assets of another also inherits its liabilities, under Section 40.

Sep 8, 2015legal-ethics

Disbarment FOR Immorality Upholding Moral Standards IN THE Legal Profession

Sep 7, 2015free patentland titlefraudpublic landreversioncommonwealth act no. 141

Upholding Land Title Security: The Burden of Proof in Free Patent Fraud Cases

A free patent title stands unless fraud is proven with clear and convincing evidence. The Supreme Court clarifies the rules on reversion and burden of proof.

Sep 7, 2015rapecriminal lawwitness credibilitydenial defensealibisupreme court

Rape Conviction Affirmed: Credibility of Witness Testimony and the Defense of Denial

The Supreme Court affirmed a rape conviction, ruling that the trial court's assessment of witness credibility prevails over the accused's weak defenses of denial and alibi.

Sep 7, 2015contract-lawpublic-private-partnershipgovernment-contractsbcdasupreme-courtadministrative-law

Upholding Contractual Obligations and Government Accountability in Public-Private Partnerships

Supreme Court ruling on SM Land v. BCDA clarifies government accountability in PPPs and the binding effect of contractual commitments.

Sep 2, 2015forum shoppingindispensable partiesproperty disputescivil procedurelitis pendentiarules of court

Dismissal of Case: Navigating Forum Shopping and Indispensable Parties in Property Disputes

What happens when two property cases are filed separately? The Supreme Court clarifies forum shopping, consolidation, and indispensable parties.

Sep 2, 2015criminal lawwarrantless arrestsearch and seizuredrugsevidencepresumption of innocence

Rape Conviction Affirmed Conspiracy AND THE Standard OF Proof Beyond Reasonable Doubt

Explore how the Supreme Court acquitted a drug suspect, emphasizing that a valid warrantless arrest must precede any search incident to arrest.

Sep 2, 2015criminal-lawsearch-warrantchain-of-custodydangerous-drugsra-9165constitutional-rights

Search Warrants and Chain of Custody in Drug Cases: What the Posada Ruling Teaches

The Supreme Court upholds drug convictions, clarifying search warrant validity, chain of custody rules, and constitutional safeguards under RA 9165.

Sep 2, 2015labor-lawsalary-differentialsimmutability-of-judgmentsillegal-demotionexecutionbackwages

Salary Differentials and the Immutability of Judgments: Employee Rights After Illegal Demotion

Philippine Airlines v. Bichara clarifies when courts may adjust a final labor judgment due to supervening events, and the limits of execution.

Sep 2, 2015qualified theftcarnappingbreach of trustanti-carnapping actrevised penal codesupreme court

Breach of Trust When Messenger Becomes Thief: Qualified Theft and Carnapping in Philippine Law

A messenger who took his employer's cash and motorcycle faced both carnapping and qualified theft charges. The Supreme Court explains the distinction.

Sep 2, 2015rapesexual assaultcriminal lawrevised penal codeevidencesupreme court

When Force in Rape by Sexual Assault Is Proven: Carrera v. People

The Supreme Court affirms a rape by sexual assault conviction, clarifying how force and lack of voluntariness are established.

Sep 2, 2015labor lawillegal demotionsalary differentialretrenchmentretirement benefitsexecution of judgment

Demotion Reversal: Salary Differentials Despite Retrenchment and Retirement

Philippine Airlines v. Bichara clarifies that a final judgment on illegal demotion entitles an employee to salary differentials, even after retrenchment and retirement.

Sep 2, 2015labor-lawprocedural-rulesrule-65certiorarinircappeal-period

Untimely Appeal: The Perils of Procedural Lapses in Labor Disputes

A Supreme Court ruling on how missing the 60-day appeal period in labor cases can cost a party the case entirely.

Sep 2, 2015torrens-systemunlawful-detainerland-titleproperty-lawejectmentcertificate-of-title

Maysilo Estate Dispute Upholding Torrens System Integrity IN Land Title Conflicts

Philippine Supreme Court ruling on Torrens title indefeasibility in unlawful detainer cases, protecting registered owners from collateral attacks.