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显示第 7225–7248 篇,共 24,703 篇文章

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Feb 25, 2015constructive dismissalfloating statussecurity guardslabor lawillegal dismissaloff-detail

Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal

The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.

Feb 25, 2015expropriationjust compensationlegal interestconsequential damagestransfer taxeseminent domain

Expropriation: When Legal Interest and Consequential Damages Are Justified

The Supreme Court clarifies when legal interest and consequential damages apply in expropriation cases, and who pays transfer taxes.

Feb 25, 2015civil-lawcompromise-agreementsdue-processparty-rightscontractual-disputessupreme-court

Compromise Agreements Upholding Due Process and Party Rights in Contractual Disputes

Philippine Supreme Court ruling clarifies due process and party rights in compromise agreements within contractual disputes.

Feb 25, 2015philippine-law

Treachery Unveiled Distinguishing Homicide From Murder IN Sudden Altercations

Feb 25, 2015criminal-law

Bouncing Checks AND Broken Promises Establishing Fraud IN Estafa Cases

Feb 25, 2015substituted servicesummonsdue processannulment of judgmentfamily lawjurisdiction

Invalid Substituted Service of Summons and Due Process in Philippine Courts

Learn how defective substituted service of summons violates due process and voids judgments, based on Yuk Ling Ong v. Benjamin T. Co.

Feb 24, 2015estafatheftjuridical possessioncriminal lawemployee misappropriationrevised penal code

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Feb 24, 2015clerk of courtjudicial ethicsadministrative casegross neglect of dutydishonestygrave misconduct

Breach of Trust Dismissal for Clerk of Court's Mismanagement of Funds

Supreme Court dismisses a clerk of court for gross neglect of duty, dishonesty, and grave misconduct over unremitted judiciary funds and unauthorized withdrawals.

Feb 24, 2015sheriffsextortionadministrative casecode of conductexecution of judgmentgraft and corruption

Sheriff's Extortion and Neglect of Duty: A Supreme Court Lesson on Court Personnel Integrity

Supreme Court ruling on a sheriff's extortion and neglect of duty, reaffirming that sheriffs must execute writs with diligence and integrity.

Feb 24, 2015administrative lawdue processmilitary lawhonor codepmaacademic freedom

Upholding Military Honor, Due Process, and Academic Freedom in PMA Dismissals

The Supreme Court affirms PMA's dismissal of a cadet for honor code violation, balancing military discipline with due process rights.

Feb 23, 2015attorney-client relationshiplegal ethicscode of professional responsibilitysupreme courtadministrative casephilippine law

Establishing Attorney Client Relationship Actions Imply Consent Beyond Written Agreements

Philippine Supreme Court clarifies that lawyer-client relationships can be implied from actions, not just written contracts, in administrative case.

Feb 23, 2015chain of custodydangerous drugsra 9165buy-bust operationevidencecriminal law

Chain of Custody in Drug Cases: Preserving Evidence Integrity Under RA 9165

How the Supreme Court upheld a drug conviction despite missing inventory and photos, explaining the chain of custody rule.

Feb 23, 2015chain of custodydrug casesra 9165buy-bust operationcriminal lawacquittal

Ensuring Chain of Custody in Drug Cases: Protecting Rights and Upholding Justice

The Supreme Court acquits a drug suspect due to broken chain of custody, reinforcing the need for strict compliance with RA 9165.

Feb 23, 2015administrative-law

Falsification OF Bundy Cards Upholding Honesty IN Public Service

Feb 23, 2015legal ethicslawyer-client relationshipcollaborating counselcode of professional responsibilityadministrative casesupreme court

When a Collaborating Lawyer Becomes Your Counsel of Record

Explore when a collaborating lawyer becomes your counsel and the ethical duties that follow, based on a Philippine Supreme Court ruling.

Feb 23, 2015qualified theftbreach of trustgrave abuse of confidencecriminal lawrevised penal code

Breach of Trust Establishing Guilt in Qualified Theft Cases in the Philippines

The Supreme Court explains how a cashier's breach of confidence proves qualified theft, affirming reclusion perpetua for P640,353.86 misappropriation.

Feb 18, 2015criminal lawdangerous drugsra 9165buy-bust operationillegal salephilippine supreme court

Distinguishing Illegal Sale From Illegal Delivery of Dangerous Drugs Under Philippine Law

The Supreme Court clarifies the elements of illegal sale of dangerous drugs under RA 9165 and why sale, not mere delivery, was proven in this buy-bust case.

Feb 18, 2015hazinganti-hazing lawschool liabilitycriminal lawaccomplice liabilitysupreme court

Hazing and School Liability When Failure to Act Results in Criminal Complicity

When can school authorities be liable as accomplices to hazing? The Supreme Court clarifies the rules.

Feb 18, 2015criminal lawentrapmentinstigationdangerous drugsra 9165buy-bust operation

Entrapment vs. Instigation: Protecting Rights in Drug-Related Arrests

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug arrests, and the rules on chain of custody.

Feb 18, 2015labor-lawquasi-delictemployer-liabilitydue-diligencecivil-codenegligence

Employer Liability: Proving Due Diligence in Employee Negligence Cases

Employers face liability for employee negligence unless they prove due diligence in selection and supervision. Learn the rules from a Supreme Court case.

Feb 18, 2015criminal-law

Rape Conviction Upheld Despite Lack OF Physical Injuries THE Importance OF Credible Testimony AND USE OF Force

Feb 18, 2015labor-lawretirement-payseasonal-employeesra-7641labor-codejurisprudence

Retirement Benefits for Seasonal Workers: Entitlement and Computation Under Philippine Law

The Supreme Court clarifies how seasonal workers' retirement pay is computed under Article 287 and RA 7641, including the six-month rule.

Feb 18, 2015value-added taxvat refundprescriptive periodtax remediescta jurisdictionnorthern mindanao power

Untimely VAT Refund Claims Strict Adherence To Prescriptive Periods

The Supreme Court clarifies strict prescriptive periods for VAT refund claims, denying Northern Mindanao Power Corporation's petition for late and premature filings.

Feb 18, 2015civil-law

Psychological Incapacity Proving Marital Nullity Beyond Mere Infidelity