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显示第 8041–8064 篇,共 24,708 篇文章

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Mar 17, 2014civil-procedurerule-42filing-deadlinesverificationnotarial-practicesubstantial-justice

Relaxing Procedural Rules in the Interest of Justice: Filing Deadlines and Verification Requirements in Philip

The Supreme Court clarifies when courts may relax filing deadlines and verification rules, emphasizing substantial justice over technicalities.

Mar 17, 2014judiciary fundsclerk of courtgrave misconductadministrative liabilitysupreme court

Breach of Duty, Misuse of Judiciary Funds, and the Consequences for Court Personnel

A Supreme Court ruling shows how clerks of court who delay remitting judiciary funds face serious administrative liability, even if they later pay the amounts back.

Mar 17, 2014due processprocedurecourt of appealsverificationsubstantial justice

Due Process and Technicalities: When Courts Must Decide Cases on the Merits

The Supreme Court reminds courts that procedural rules serve justice, not defeat it, in this ruling on late appeals and verification requirements.

Mar 17, 2014malversationpublic officeclerk of courtjudiciary fundsadministrative liability

Accountability Under the Law: Presumption of Malversation in Public Office

A clerk of court's failure to remit judiciary funds raises the presumption of malversation. Learn the rules on public accountability.

Mar 12, 2014eminent domainjust compensationexpropriationzonal valuationra 8974property law

Just Compensation in Philippine Expropriation: Beyond BIR Zonal Values

Philippine Supreme Court clarifies that BIR zonal valuation is not the sole basis for just compensation in expropriation cases, requiring courts to consider all RA 8974 factors.

Mar 12, 2014administrative-lawombudsmanpreventive-suspensiondue-processsupreme-courtphilippine-law

Ombudsman’s Discretion vs Due Process: Balancing Preventive Suspension With Individual Rights

Philippine Supreme Court ruling on preventive suspension, due process, and the limits of Ombudsman discretion in administrative cases.

Mar 12, 2014constructive dismissallabor lawillegal dismissalbackwagesseparation payemployment contract

Constructive Dismissal: When Unpaid Wages Force an Employee to Resign

Philippine Supreme Court ruling on constructive dismissal, unpaid wages, and when resignation is actually illegal dismissal.

Mar 12, 2014criminal-lawprobationappealraperevised-penal-code

Probation vs Appeal: Choosing Your Legal Path in Philippine Criminal Law

Learn how Philippine courts treat probation versus appeal in criminal cases, and why choosing the wrong remedy can forfeit your right to appeal.

Mar 12, 2014labor-lawcollective-bargaining-agreementnon-diminutioncbaretirement-benefitssupreme-court

Upholding Collective Bargaining: Why CBA Amendments Need Both Parties' Consent

A CBA binds both employer and union. Unilateral changes violate the law and the non-diminution rule, as this Supreme Court ruling shows.

Mar 12, 2014criminal-lawdrugschain-of-custodyra-9165buy-bustevidence

Upholding Conviction In Drug Sale Ensuring Chain OF Custody IN Evidence Handling

A drug sale conviction reversed because broken chain of custody cast doubt on the identity of seized shabu.

Mar 12, 2014constructive dismissalillegal terminationlabor lawsecurity of tenureabandonmentnlrc appeals

Constructive Dismissal: When Forced Resignation and Unpaid Wages Become Illegal Termination

Philippine Supreme Court ruling on constructive dismissal when an employer withholds work assignments to force resignation, and procedural rules that protect labor.

Mar 12, 2014labor-lawwage-ordersnwpcrtwpbminimum-wagera-6727

Wage Order Exemptions: Balancing Regional Flexibility and National Standards

The Supreme Court affirms regional wage boards' power to grant exemptions, provided NWPC review and approval are secured.

Mar 12, 2014dangerous drugschain of custodyra 9165buy-bust operationacquittalcriminal law

Dangerous Drugs Act: Why Broken Chain of Custody Leads to Acquittal

Supreme Court acquits drug suspect over broken chain of custody, stressing strict compliance with RA 9165 safeguards.

Mar 12, 2014legal ethicsattorney negligencecode of professional responsibilitydisbarmentsupreme courtibp

Attorney Accountability: Negligence in Handling a Client's Appeal and Ethical Responsibilities

A lawyer's failure to file an appeal brief on time leads to suspension, reinforcing the duty of diligence in legal representation.

Mar 12, 2014criminal-lawmurdersuperior-strengthconspiracyrevised-penal-code

Superior Strength in Group Assaults: Establishing Murder Liability

How Philippine courts treat "superior strength" as a qualifying circumstance in group assaults, explained through a Supreme Court ruling.

Mar 12, 2014agrarian reformjust compensationspecial agrarian courtforeclosurelandowner rightsra 6657

Foreclosure on Agrarian Land: Landowner Rights and SAC Jurisdiction Clarified

The Supreme Court clarifies when landowners can claim just compensation and the limits of Special Agrarian Court jurisdiction over foreclosed agrarian properties.

Mar 12, 2014labor lawnon-diminution of benefitscollective bargaining agreementlabor coderetirement benefitssupreme court

Non-Diminution of Benefits: When Employer Practices Become Enforceable Rights

Philippine Supreme Court ruling on non-diminution of benefits—when employer practices ripen into enforceable rights under the Labor Code.

Mar 12, 2014ombudsmanpreventive suspensionadministrative lawsalngrave abuse of discretion

When Can the Ombudsman Issue Preventive Suspension: Safeguarding Public Trust

The Supreme Court clarifies the limits of the Ombudsman's preventive suspension power and when courts may intervene to protect public officials.

Mar 12, 2014value-added taxtax refundcourt of tax appealsprescriptive periodzero-rated salesbir regulations

VAT Refund Claims: Strict Deadlines and Invoice Requirements Under Philippine Tax Law

Learn how the Supreme Court's ruling in CIR v. Silicon Philippines clarifies the mandatory 120+30 day prescriptive periods for VAT refund claims and invoice requirements.

Mar 12, 2014statutory rapecriminal lawrevised penal codesupreme courtchild protectionrape

Protecting the Vulnerable: Statutory Rape and the Evolution of Philippine Law

The Supreme Court affirms a conviction for statutory rape, clarifying how Philippine law protects minors and how penalties evolved under RA 8353.

Mar 12, 2014unlawful detainerejectmentproperty lawmere tolerancepossessionrule 70

Unlawful Detainer: When "Mere Tolerance" Isn't Enough to Eject an Occupant

The Supreme Court explains when an owner cannot use unlawful detainer to eject long-time occupants, and the key facts a complaint must allege.

Mar 12, 2014constructive-dismissallabor-lawillegal-dismissalabandonmentsecurity-of-tenuresupreme-court

Constructive Dismissal: Protecting Employees From Forced Resignation

When an employer makes work conditions impossible, the law treats it as constructive dismissal. Learn how the Supreme Court protects employees' security of tenure.

Mar 12, 2014labor-lawfranchiseemployer-employeecontrol-testconstructive-dismissalsecurity-of-tenure

Franchise or Employment: Distinguishing Independent Business From Subterfuge in Labor Disputes

Supreme Court clarifies when a service franchise creates an independent business, not an employer-employee relationship, in Bandag retreading case.

Mar 12, 2014criminal-lawraperevised-penal-codemental-disabilitysupreme-courtvulnerable-victims

Protecting the Vulnerable: Rape of a Person Deprived of Reason

The Supreme Court affirms the rape conviction of a man who sexually abused a mentally deficient minor, clarifying the distinction between "demented" and "deprived of reason" under the Revised Penal Co