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显示第 7897–7920 篇,共 24,708 篇文章

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Jun 4, 2014vat refundtax creditbir rulingcourt of tax appealsinput vat

Untangling VAT Refund Claims: The 120-Day Rule and Reliance on BIR Rulings

The Supreme Court clarifies when VAT refund judicial claims must be filed, and how BIR Ruling No. DA-489-03 protected taxpayers.

Jun 4, 2014illegal recruitmentestafalabor codeoverseas employmentcriminal law

Deceptive Promises in Overseas Job Scams: Illegal Recruitment and Estafa

Learn how the Supreme Court treats fake overseas job promises as both illegal recruitment in large scale and estafa.

Jun 4, 2014criminal lawrapeacts of lasciviousnessra 7610revised penal codesupreme court

Age of Criminal Responsibility: Mental Capacity vs Chronological Age in Rape Cases

The Supreme Court clarifies how a victim's age affects penalties in rape and lascivious conduct cases under Philippine law.

Jun 4, 2014ombudsmanadministrative casesdismissalsuspensionimmediate executioncivil service

Ombudsman Decisions in Administrative Cases Are Immediately Executory Pending Appeal

Learn when Ombudsman administrative penalties like dismissal and suspension take effect immediately, even while appeals are pending.

Jun 4, 2014ombudsmanadministrative lawdue processpublic serviceimmediate executionvillasenor v ombudsman

Immediate Execution of Ombudsman Decisions: Balancing Public Service and Due Process

The Supreme Court explains why Ombudsman dismissal and suspension orders take effect immediately, even while appeals are pending.

Jun 4, 2014illegal recruitmentestafalabor coderevised penal codeoverseas employmentcriminal law

Deceptive Recruitment Estafa AND THE Promise OF Overseas Employment

When a fake recruiter promises overseas jobs, both illegal recruitment and estafa can apply. The Supreme Court explains the rules.

Jun 4, 2014mootness doctrinecivil proceduresupervening eventsanti-money launderinginterventionsupreme court

Mootness Doctrine: When Supervening Events Make Court Cases Academic

Learn how the mootness doctrine works in Philippine civil procedure, explained through the Supreme Court's ruling in Republic v. Manalo.

Jun 4, 2014negotiable instrumentsagencycivil lawloanschecks

Checks and Balances: Authority and Liability in Loan Agreements

When a pre-signed blank check is used to secure a loan without the signer's authority, who bears liability? The Supreme Court clarifies.

Jun 4, 2014legal ethicsattorney negligenceclient communicationdisbarmentcode of professional responsibility

Upholding Attorney Accountability: Neglect of Duty and the Imperative of Client Communication

A lawyer suspended for neglect and failing to update a client on case status; withdrawal of a disbarment complaint does not end the case.

Jun 4, 2014vat refundtax creditprescriptive periodcourt of tax appealsbirsection 112 nirc

VAT Refund Claims: Prescriptive Periods and Jurisdictional Requirements Explained

Learn the strict deadlines for VAT refund claims under Section 112 NIRC, including the 120+30 day rule and its exceptions.

Jun 4, 2014illegal recruitmentestafalabor lawoverseas filipino workerslabor codephilippine law

Illegal Recruitment and Estafa: Protecting OFWs From Unlicensed Recruiters

A Supreme Court ruling clarifies when unlicensed recruiters face life imprisonment and estafa penalties for defrauding overseas job seekers.

Jun 4, 2014constructive dismissallabor lawnlrcbackwagesseparation paysupreme court

Unbearable Conditions Defining Constructive Dismissal in the Workplace

When employer hostility becomes unbearable, an employee may be constructively dismissed. The Supreme Court explains the test and remedies.

Jun 4, 2014labor-lawunion-registrationcancellation-of-registrationlabor-codeself-organization

Upholding Union Registration: No Fraud Without Vitiated Consent

Supreme Court clarifies that minor errors in union registration do not justify cancellation absent fraud vitiating member consent.

Jun 4, 2014documentary stamp taxelectronic fund transfernegotiable instruments lawbirtax refundcommercial law

Electronic Fund Transfers and Documentary Stamp Tax: Navigating Tax Laws in the Digital Age

The Supreme Court ruled that electronic fund transfer instructions are not bills of exchange subject to documentary stamp tax under Section 181.

Jun 4, 2014land registrationalienable and disposablepublic domaindenr certificationproperty law

Proving Land Is Alienable and Disposable for Registration in the Philippines

Philippine Supreme Court clarifies the two documents required to prove land is alienable and disposable for original registration.

Jun 4, 2014rapecriminal-lawsupreme-courtvictim-testimonycredibilityreclusion-perpetua

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Jun 4, 2014criminal lawrapeacts of lasciviousnessra 7610revised penal codechild abuse

When a Father's Acts Are Crimes: Rape and Lascivious Conduct Under Philippine Law

A father's conviction for qualified rape and sexual abuse of his minor daughter, explaining the legal distinctions and penalties.

Jun 4, 2014dishonestyperpetual disqualificationcivil servicejudicial personneladministrative case

Dishonesty in Public Service: Perpetual Disqualification Despite Prior Offense

SC rules court employee dismissed for impersonating a civil service examinee before joining the judiciary suffers perpetual disqualification.

Jun 4, 2014maritime-lawseafarers-rightsdisability-benefitspoea-seccontract-extensionoverseas-employment

Seafarers' Rights: Implied Contract Extension and Disability Benefits

Philippine Supreme Court ruling on implied contract extension for seafarers and entitlement to permanent total disability benefits under POEA-SEC.

Jun 4, 2014property-law

Reconstitution OF Title Jurisdiction Hinges ON Loss OR Destruction OF Original Certificate

Jun 4, 2014criminal-lawrapeacts-of-lasciviousnessra-7610revised-penal-codevictim-rights

Rape Conviction Affirmed: Credible Testimony and Victims' Rights in Sexual Assault Cases

A father's rape conviction upheld by the Supreme Court, affirming the weight of a child victim's credible testimony.

Jun 4, 2014civil-law

Proof Required Land Title Registration AND THE Burden OF Proving Alienability

Jun 4, 2014property-lawreconstitutiontorrens-titlejurisdictionnotice-requirementsra-26

Reconstitution of Title: Strict Compliance with Notice Requirements for Jurisdiction

Philippine Supreme Court nullifies a title reconstitution for failure to notify the registered owners' heirs, stressing mandatory notice rules.

Jun 4, 2014legal ethicsadministrative lawattorney misconductgood faithibp

Upholding Attorneys Good Faith Erroneous Legal Advice Without Malice IS NOT Misconduct

Philippine Supreme Court clarifies that lawyers are not liable for honest mistakes or erroneous advice absent proof of malice or bad faith.