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显示第 7105–7128 篇,共 24,701 篇文章

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Apr 20, 2015labor lawregular employmenttalent contractemployer-employee relationshipabs-cbncontrol test

Regular Employment vs Talent Contract: Defining Employer-Employee Relationships in Media

How the Supreme Court distinguished regular employees from talents in ABS-CBN's TV Patrol Bicol case, applying the control test.

Apr 20, 2015vested-rightsretirement-benefitsmilitary-pensionretroactivity-of-lawsadministrative-lawmandamus

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Apr 20, 2015seafarersdisability benefitspoea contractmaritime lawmandatory reportingphilippines

Seafarers Must Comply With Timely Medical Reporting To Claim Disability Benefits

Philippine Supreme Court ruling on why seafarers must undergo post-employment medical exams within three days to claim disability benefits.

Apr 20, 2015property-lawreal-party-in-intereststanding-to-suecorporate-rehabilitationhlurbsupreme-court

Real Party in Interest and Property Disputes: Standing to Sue Explained

Learn how Philippine courts determine who may sue in property cases, with insights from Lexber v. Dalman on standing and rehabilitation.

Apr 20, 2015criminal lawqualified raperevised penal codesupreme courtreclusion perpetuaviolence against women

Rape With a Deadly Weapon: When the Charge Must Be Upgraded to Qualified Rape

The Supreme Court clarifies when rape with a deadly weapon or by multiple offenders becomes qualified rape, raising the penalty.

Apr 20, 2015corporate rehabilitationhlurbinterim rulesreceivershipreal estatesupreme court

HLURB Request Not Required for Real Estate Firm Rehabilitation

Supreme Court clarifies HLURB request is not a condition precedent for rehabilitating real estate firms, and 180-day rule is not absolute.

Apr 20, 2015seafarer-disabilitypoea-secmaritime-lawlabor-lawsupreme-courtcontractual-obligations

When Fit-to-Work Assessments Prevail: Seafarer Disability Claims Under POEA-SEC

Philippine Supreme Court clarifies when a company-designated physician's fit-to-work declaration prevails over a seafarer's chosen doctor in disability claims.

Apr 20, 2015administrative lawappeal periodfresh period rulehlurbcivil proceduresupreme court

Liberal Interpretation of Appeal Rules in Administrative Cases: The Neypes Fresh Period Rule Limitation

The Supreme Court clarifies that the Neypes fresh period rule applies only to judicial appeals, not administrative appeals like those before the Office of the President.

Apr 20, 2015accion publicianatorrens titlejurisdictionprescriptionres judicataproperty law

Beyond the Lease: Determining the Limits of Compromise Agreement Execution in Property Disputes

The Supreme Court clarifies jurisdiction, prescription, and res judicata in accion publiciana, reinforcing the indefeasibility of Torrens titles.

Apr 20, 2015murdertreacheryself-defenserevised-penal-codecriminal-lawsupreme-court

Treachery and Self-Defense: Understanding the Elements of Murder in Philippine Law

The Supreme Court explains treachery and self-defense in murder cases, using People v. Samuya as a guide.

Apr 20, 2015torrens-titleaccion-publicianaprescriptionland-registrationcivil-lawpossession

Torrens Title Imprescriptibility and Recovery of Possession: Supapo v. De Jesus

Supreme Court rules Torrens title holders can recover possession anytime; registered land cannot be acquired by prescription or adverse possession.

Apr 20, 2015legal ethicscode of professional responsibilityrule 19.01criminal chargescivil casessupreme court

Fair Play in Legal Practice: Limits on Filing Criminal Charges to Gain Advantage in Civil Cases

When does a lawyer cross the line by filing criminal charges during a civil case? The Supreme Court explains the test under Rule 19.01.

Apr 20, 2015corporate rehabilitationcontract lawhlurbreceivershipinterim rulessupreme court

Corporate Responsibility Enforcing Contracts Despite Technicalities

Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.

Apr 20, 2015maritime-law

Fitness TO Work Prevails Seafarers Disability Claim Denied Based ON Company Doctors Assessment

Apr 15, 2015sss benefitsdeath benefitsfamily codesecond marriagesocial securitybeneficiary

Second Marriages and SSS Benefits: Proving Legal Spousal Status for Social Security Claims

The Supreme Court clarifies that only a legal spouse qualifies for SSS death benefits, even if the member designated a second wife as beneficiary.

Apr 15, 2015labor-lawillegal dismissalreinstatementbackwagesnlrcexecution

Reinstatement During Appeal: Employer Must Pay Wages Until Final Reversal

Employers must pay reinstatement wages during appeal until the NLRC reversal becomes final. Learn the rule from Smart Communications v. Solidum.

Apr 15, 2015criminal-lawprovisional-dismissaldouble-jeopardydrug-casesspeedy-trialrule-117

Provisional Dismissal in Drug Cases: When Can the State Revive a Case?

The Supreme Court explains when a provisionally dismissed drug case may be revived without violating double jeopardy, and who may file the revival motion.

Apr 15, 2015double jeopardyprovisional dismissalcriminal procedurespeedy trialrule 117

Double Jeopardy and Provisional Dismissal: When Cases Can Be Reopened With Accused Consent

The Supreme Court explains when a provisionally dismissed criminal case can be revived without violating double jeopardy, and why accused consent matters.

Apr 15, 2015maritime lawseafarersdisability benefitspoea-seclabor codetotal permanent disability

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Contracts

Philippine Supreme Court clarifies when a seafarer's partial disability becomes total and permanent under the POEA-SEC and Labor Code.

Apr 15, 2015grave misconductadministrative lawpublic worksombudsmandpwhchange orders

Accountability in Public Works: Grave Misconduct in Infrastructure Projects

Supreme Court reinstates dismissal of DPWH officials for grave misconduct over irregular change orders in road project.

Apr 15, 2015reconstitution of titleland registrationra 26original certificate of titletorrens systemlra

Reconstitution of Title Requires Authentic Decree, Not Mere LRA Certification

Supreme Court clarifies that reconstitution of lost titles needs authentic sources; a decree unavailable in LRA records cannot support it.

Apr 15, 2015administrative lawjudicial conductrule 140code of judicial conductsupreme court

Judicial Impropriety: A Judge's Debt and the Appearance of Justice

The Supreme Court fined a judge for failing to pay a debt, explaining the line between impropriety and willful failure to pay.

Apr 14, 2015legal-ethicsclerks-of-courtadministrative-casejudiciary-fundsgross-neglectserious-dishonesty

Upholding Judicial Integrity: The Duty of Candor in Court Investigations

The Supreme Court dismissed a clerk of court for gross neglect, grave misconduct, and serious dishonesty over unremitted judiciary funds.

Apr 14, 2015administrative caseclerk of courtgross neglect of dutygrave misconductserious dishonestyjudiciary funds

Dismissal of Clerk of Court for Gross Neglect, Grave Misconduct, and Serious Dishonesty in Handling Judiciary

Supreme Court dismisses a clerk of court who failed to remit judiciary collections and submit financial reports, ruling that restitution does not erase administrative liability.