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显示第 817–840 篇,共 24,618 篇文章

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Jan 25, 2023human traffickingprobable causeminorsra 9208criminal proceduresupreme court

Safeguarding Minors: The Supreme Court's Stance on Trafficking and Probable Cause

The Supreme Court reinstates a qualified trafficking case, clarifying probable cause standards and protecting minors from exploitation.

Jan 25, 2023psychological incapacityarticle 36family codemarriage nullitysupreme courtinfidelity

Psychological Incapacity: Infidelity Alone Insufficient for Marriage Nullity in the Philippines

The Supreme Court clarifies that infidelity and irreconcilable differences do not automatically constitute psychological incapacity under Article 36 of the Family Code.

Jan 25, 2023labor-lawconstructive-dismissalmanagement-prerogativeretrenchmentoverseas-filipino-workerssecurity-of-tenure

Constructive Dismissal vs Management Prerogative: Balancing Employee Rights and Business Needs

Philippine Supreme Court clarifies that labor contracts cannot override statutory security of tenure; retrenchment requires proof of actual business losses.

Jan 25, 2023foreign corporationcapacity to suedoing businessindentorcorporation codemonsanto

When Can a Foreign Corporation Sue in Philippine Courts? The Monsanto Case

The Supreme Court clarifies when an unlicensed foreign corporation can sue in the Philippines, focusing on transactions through local indentors.

Jan 25, 2023property-lawlocal-governmentpreliminary-injunctionprivate-propertyright-of-waynuisance

When Can a City Demand Access to Private Property? The Caloocan Case

The Supreme Court clarifies when local governments may demand access to private roads, balancing public service duties against property rights.

Jan 25, 2023land registrationalienable and disposable landra 11573torrens systemproperty lawjudicial confirmation of title

Land Registration in the Philippines: Understanding Alienable and Disposable Land

Learn how RA 11573 changed proof requirements for registering alienable and disposable land in the Philippines, explained through a recent Supreme Court ruling.

Jan 24, 2023heirshipproperty lawsuccessionquieting of titlecivil actionextra-judicial settlement

Heirship in Property Disputes: Can Ordinary Civil Actions Decide Inheritance?

The Supreme Court clarifies when heirship can be resolved in an ordinary civil action, not just special proceedings, for property disputes.

Jan 24, 2023ofwillegal dismissallabor lawretrenchmentsecurity of tenuresupreme court

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Jan 24, 2023election-lawdomicileresidencycertificate-of-candidacycomelecsupreme-court

Domicile vs Residency: Protecting the Electorate's Choice in Philippine Elections

The Supreme Court clarifies the distinction between domicile and residency in election cases, protecting the electorate's choice.

Jan 24, 2023party-list systemequal protectionelection lawcomeleccandidate qualificationsra 7941

Party-List Nominee Qualifications: Supreme Court Strikes Down Ban on Losing Candidates

The Supreme Court ruled Congress may set party-list nominee qualifications, but struck down the ban on losing candidates as violating equal protection.

Jan 23, 2023procurement lawadministrative lawpublic officialsgovernment procurement reform actombudsmandismissal from service

Circumventing Procurement Laws: Supreme Court Affirms Dismissal of Local Officials

Supreme Court affirms dismissal of Buguias officials who bypassed competitive bidding under R.A. 9184, reinforcing public trust standards.

Jan 23, 2023labor-lawlabor-only-contractingillegal-dismissalregular-employmentjob-contractingdole

Unmasking Labor Only Contracting Regular Employment Rights Prevail

Supreme Court clarifies labor-only contracting rules, affirming that workers performing core tasks for a principal are regular employees entitled to full protection.

Jan 23, 2023human traffickingra 9208anti-traffickingcriminal lawsupreme courtprostitution

Combating Human Trafficking: Elements and Penalties Under Philippine Law

The Supreme Court clarifies the elements of trafficking in persons under RA 9208, as amended, and the penalties for violators.

Jan 23, 2023notarial practicelegal ethicsadministrative casenotary publicidentity verificationmalpractice

Negligence in Notarization: Lawyers Must Verify Identity to Avoid Malpractice

A notary's failure to verify identity through competent evidence can lead to suspension and loss of notarial commission.

Jan 23, 2023securities regulationseccease and desist ordergross ignorance of the lawadministrative lawinvestment contracts

Upholding SEC Authority: Courts Cannot Enjoin SEC Orders on Investment Contracts

The Supreme Court holds a judge liable for gross ignorance of the law for issuing injunctions against an SEC cease and desist order.

Jan 22, 2023trademark lawintellectual propertyfirst-to-file rulebad faithipophl

Trademark Ownership in the Philippines: When Bad Faith Defeats First-to-File

Prior use can defeat a first-to-file trademark application if the applicant acted in bad faith. Learn the rule and its exceptions.

Jan 22, 2023prejudicial questioncriminal procedurerule 111suspension of criminal casesupreme court ruling

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Jan 18, 2023judicial disciplinenullity of marriagefamily codegross ignorancemarriage solemnizationadministrative case

Judge Suspended for Gross Ignorance in Nullity of Marriage Cases

Supreme Court suspends judge for one year for procedural lapses in nullity of marriage cases and unauthorized solemnization of marriages.

Jan 18, 2023family-lawjudicial-misconductmarital-nullityadministrative-caseprocedural-rulessupreme-court

Judicial Misconduct and Its Impact on Marital Nullity: Procedural Lapses and Ethical Violations

A judge's suspension for gross ignorance and misconduct reveals the critical safeguards protecting marital nullity proceedings from fraud and abuse.

Jan 18, 2023illegal dismissalemployer-employee relationshiplabor lawnlrcsupreme court

Proving Employer-Employee Relationship in Illegal Dismissal Cases

A look at Sermona v. Hacienda Lumboy and the rules on proving employer-employee relationships in illegal dismissal cases in the Philippines.

Jan 18, 2023psychological incapacityfamily codemarriage nullityarticle 36family lawsupreme court

Beyond Irresponsibility: Defining Psychological Incapacity in Marriage Nullity Cases

The Supreme Court clarifies when a spouse's immaturity and irresponsibility rise to the level of psychological incapacity under Article 36 of the Family Code.

Jan 17, 2023drug casesra 9165criminal procedureinformationshabu possession

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.

Jan 17, 2023labor-lawretirement-payuniversity-employeessupreme-courtbenefits-computation

Retirement Benefits Rate for University Employees With Multiple Roles

Supreme Court clarifies how retirement pay is computed for university employees who hold faculty and administrative positions.

Jan 17, 2023administrative-lawgrave-misconductgross-insubordinationjudiciarycode-of-conductsupreme-court

Upholding Integrity: Dismissal and Penalties for Grave Misconduct and Insubordination in the Judiciary

The Supreme Court penalizes a court utility worker for gross insubordination and grave misconduct, reinforcing integrity standards in the judiciary.