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显示第 7057–7080 篇,共 24,701 篇文章

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Jun 17, 2015administrative-lawlabor-lawillegal-dismissalemployer-employee-relationshipdue-processsupreme-court

Upholding Due Process and Proving Employer-Employee Relationship in Philippine Labor Cases

Philippine Supreme Court clarifies the burden of proof in illegal dismissal cases and the four-fold test for employer-employee relationship.

Jun 17, 2015civil-lawtorrens-titlelost-titleinnocent-purchaserproperty-rightssupreme-court

The Impact of a Lost Title: Protecting Property Rights and Innocent Purchasers

A Supreme Court ruling on lost titles clarifies when a court can issue a new owner's duplicate and how innocent purchasers are protected.

Jun 17, 2015res judicatasplitting of causes of actionbreach of contractcivil procedurecompromise agreement

Res Judicata Bars Repeated Lawsuits for the Same Breach of Contract

A single breach of contract gives rise to only one cause of action. Learn how the Supreme Court applied res judicata to bar a second lawsuit.

Jun 17, 2015negligenceappealsfinality of judgmentdefaultcivil procedure

Negligence in Appeals: When a Lawyer's Delay Can Cost You Your Case

A party who sleeps on its rights cannot blame counsel for an abandoned appeal. Learn the finality rule.

Jun 17, 2015maritime-lawseafarer disabilitypoea contractcompany-designated physicianlabor lawsupreme court

Seafarers Disability Upholding Company Doctors Assessment Absent Third Opinion

Philippine Supreme Court rules on seafarer disability claims, emphasizing company doctor assessments prevail absent third-doctor review under CBA.

Jun 16, 2015election-lawparty-listcomelecproportional-representationbanat-doctrinesupreme-court

Party-List Seat Allocation: Supreme Court Upholds COMELEC’s Proportional Distribution

The Supreme Court affirms COMELEC’s party-list seat allocation under the BANAT formula, clarifying how additional seats are distributed proportionally.

Jun 16, 2015legal ethicsdisbarmentcode of professional responsibilityattorney negligenceclient trust

Upholding Client Trust: Attorney Disbarred for Neglect, Non-Communication, and Practicing While Suspended

The Supreme Court disbarred a lawyer for neglecting a client's case, failing to return funds, and practicing law while under suspension.

Jun 16, 2015local autonomytaxationamusement taxlocal governmentfiscal autonomyconstitution

Local Autonomy vs National Interest: Can Congress Override Local Taxing Power

The Supreme Court strikes down RA 9167 provisions that diverted local amusement taxes to a national agency, affirming local fiscal autonomy.

Jun 16, 2015legal ethicsdisbarmentattorney-client relationscode of professional responsibilitynegligencetrust funds

Breach of Trust: Disbarment for Lawyer Neglect and Misconduct in Attorney-Client Relations

A lawyer's failure to file a client's case for three years, refusal to return funds, and practice while suspended led to disbarment.

Jun 16, 2015government contractscommission on auditmoney claimsprocurementquantum meruitevidence

Unproven Claims When Government Contracts Lack Evidence Of Delivery

Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.

Jun 16, 2015writ of kalikasanenvironmental lawoil pipelinesupreme courtphilippinesreal party in interest

Writ of Kalikasan and Oil Pipeline Safety: The West Tower Case

A look at the Supreme Court's landmark ruling on the Writ of Kalikasan, environmental protection orders, and the safe operation of aging oil pipelines.

Jun 16, 2015civil-law

Upholding Professional Responsibility Attorneys Negligence AND Dishonesty IN Handling Client Affairs

Jun 15, 2015contract-law

Determining Employer Status Unmasking Labor Only Contracting IN THE Philippines

Jun 15, 2015self-defensehomicidecriminal lawrevised penal codeunlawful aggressionphilippine supreme court

Self-Defense in Homicide Cases: When a Police Officer’s Plea Fails

A police officer’s self-defense claim in a homicide case failed because physical evidence contradicted his story. Learn the legal requisites.

Jun 15, 2015criminal-lawrapecircumstantial-evidencerules-of-courtsupreme-court

Rape Conviction Upheld Despite Lack of Seclusion: People v. Nuyok

The Supreme Court affirms rape convictions based on circumstantial evidence, ruling that seclusion is not an element of the crime.

Jun 15, 2015registered-owner rulequasi-delictcivil code article 2180cross-claimbus accidentvicarious liability

Registered-Owner Rule in Bus Accidents: Liability and Cross-Claims Explained

Learn how the registered-owner rule makes bus owners liable for accidents, and how they can recover via cross-claims.

Jun 15, 2015contributory negligenceproperty disputescivil lawnational building codedamageseasement

Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities

When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.

Jun 15, 2015labor-lawemployee-rightsemployer-liabilitysupreme-courtphilippines

Protecting Workers Employers Faulty Systems Cannot Justify Employee Penalties

Learn how the Supreme Court ruled that employers cannot penalize workers for systemic failures beyond their control.

Jun 15, 2015illegal dismissallabor lawjust causedue processterminationlabor code

Illegal Dismissal: Proving Just Cause at the Time of Termination

When can an employer validly dismiss an employee? The Supreme Court clarifies the rules on just cause, due process, and burden of proof in illegal dismissal cases.

Jun 15, 2015mortgage foreclosuresummary judgmentreal estate mortgagedefaultrules of court

Mortgage Foreclosure: Default Admissions Justify Summary Judgment

When a debtor admits default on a secured loan, Philippine courts may grant summary judgment in mortgage foreclosure without full trial.

Jun 15, 2015res judicataproperty recoverycivil procedurejurisdictionco-ownership

Res Judicata in Property Recovery Cases: What the Supreme Court's Lee v. Chong Ruling Means

The Supreme Court clarifies how res judicata bars repeated claims over the same property, even when a new case is framed differently.

Jun 15, 2015civil proceduregrave abuse of discretioncertiorarimotion to dismisssupreme court

Grave Abuse of Discretion: When Courts Overstep Their Boundaries

Learn when a court's denial of a motion to dismiss amounts to grave abuse of discretion, and when errors are merely judgment calls.

Jun 15, 2015registered-owner rulevehicle accidentstortscivil codecross-claimvicarious liability

Registered Owner vs Actual Operator: Who Pays in Vehicle Accidents?

Philippine Supreme Court clarifies the registered-owner rule in vehicle accidents and the right to reimbursement via cross-claim against the actual operator.

Jun 15, 2015maritime-law

Seafarers Disability Defining Total AND Permanent Under Philippine LAW 3