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显示第 841–864 篇,共 24,618 篇文章

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Jan 17, 2023vatinter-company loanstax lawlapanday foodsbir assessmentprescription

Inter-Company Loans and VAT: When Interest Income Is Not Taxable

Philippine Supreme Court ruling clarifies when interest on inter-company loans is exempt from VAT and how prescription periods apply.

Jan 17, 2023criminal-law

Ombudsmans Discretion Protecting Public Interest VS Prosecutorial Overreach

Jan 17, 2023legal ethicssolicitationlawyer disciplineprofessional responsibilitysupreme court

Solicitation and Sanctions: Upholding Integrity in the Legal Profession

The Supreme Court disciplines a lawyer for soliciting clients and making false charges, reaffirming ethical standards in the legal profession.

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 16, 2023ill-gotten wealthprescriptiondue processombudsmananti-graftcoconut levy

Confiscation of Property: Balancing Government Authority and Due Process Rights

Explore how the Supreme Court balances state power to recover ill-gotten wealth against constitutional due process and prescription rights.

Jan 16, 2023ancestral landindigenous peoplesland titlefrauddue processncip

Ancestral Land Rights: Proving Fraud and Due Process in Land Title Disputes

The Supreme Court clarifies when ancestral land titles can be cancelled for fraud and what claimants must prove to assert vested rights over ancestral lands.

Jan 16, 2023criminal-lawconfiscationdue-processforestry-codethird-party-claimvehicle-forfeiture

Confiscation of Property and Due Process Rights of Third-Party Owners

When can the government confiscate a vehicle used in illegal logging? The Supreme Court clarifies the due process rights of third-party owners.

Jan 16, 2023writ of possessionextrajudicial foreclosureact no. 3135foreclosure saleproperty law

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Jan 16, 2023labor-lawdismissalmisconductemployer-discretionillegal-terminationphilippine-jurisprudence

Beyond the Rules: Dismissal Misconduct and the Limits of Employer Discretion in the Philippines

Philippine jurisprudence clarifies when employee dismissal for misconduct is valid, and when employer discretion crosses the line into illegal termination.

Jan 16, 2023kidnapping for ransomcriminal lawwitness testimonypositive identificationalibirevised penal code

Kidnapping for Ransom Conviction Upheld: Witness Credibility and Positive Identification

Supreme Court affirms kidnapping for ransom convictions, explaining why victim's positive identification outweighs alibis and minor testimonial inconsistencies.

Jan 16, 2023criminal-lawsearch-warrantrule-126probable-causedangerous-drugsra-9165

Search Warrant Validity: Compelling Reasons Needed for Out-of-Jurisdiction Applications

Supreme Court clarifies that "compelling reasons" for out-of-jurisdiction search warrant applications require substantial evidence, not bare claims of information leakage.

Jan 16, 2023agrarian reformjust compensationland bankcomprehensive agrarian reform programeminent domainland valuation

Just Compensation in Agrarian Reform: When Land Exceeds the Covered Area

The Supreme Court clarifies when sloping land must be excluded from agrarian reform coverage and how just compensation is computed.

Jan 16, 2023agrarian reformjust compensationland classificationexpropriationcarpland bank

Agrarian Reform Land Classification and Just Compensation for Expropriated Lands

Supreme Court clarifies when sloping lands are exempt from CARP coverage and how courts compute just compensation for expropriated properties.

Jan 16, 2023sandiganbayanforfeitureill-gotten wealthjurisdictionrepublic act 1379graft

Sandiganbayan's Exclusive Appellate Jurisdiction Over Civil Forfeiture Cases

The Supreme Court clarifies that appeals from RTC decisions in civil forfeiture cases under RA 1379 must go to the Sandiganbayan, not the Court of Appeals.

Jan 16, 2023contract-lawmutuality-of-contractsinterest-ratesloan-agreementsescalation-clauseland-bank

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Jan 15, 2023criminal lawra 7610lascivious conductchild abusesexual abusejurisprudence

Lascivious Conduct Under RA 7610: The Magno Case Explained

The Supreme Court clarifies when touching a minor's private parts is lascivious conduct under RA 7610, citing the Magno case.

Jan 11, 2023legal ethicscode of professional responsibilitylawyer suspensionattorney negligenceadministrative case

Lawyer Suspended for Neglecting Client’s Case and Failing to Inform Her of Adverse Decision

The Supreme Court suspends a lawyer for six months for neglecting a client’s labor case and failing to inform her of the adverse decision, which barred her appeal.

Jan 11, 2023attractive nuisancequasi-delictnegligenceres ipsa loquiturcivil lawdamages

Attractive Nuisance Doctrine and Negligence in Child Injury Cases

Supreme Court explains when a hotel pool with slides becomes an attractive nuisance and when res ipsa loquitur shifts the burden of proof.

Jan 11, 2023administrative-lawprimary-jurisdictionnational-telecommunications-commissionmass-mediaexhaustion-of-administrative-remediesforum-shopping

Primary Jurisdiction: When Courts Defer to Specialized Agencies in Media Disputes

Explaining the Supreme Court's ruling on when courts must defer to the NTC in media ownership and competition disputes.

Jan 11, 2023direct briberyconspiracyrevised penal codeombudsmancriminal law

Bribery: The Line Between Facilitation and Conspiracy in Public Office

Supreme Court clarifies when mere presence at a bribe transaction amounts to conspiracy in direct bribery cases under Philippine law.

Jan 11, 2023direct briberyrevised penal codeombudsmanlocal governmentgraftentrapment

Graft and Corruption: Navigating Local Government Contracts in the Philippines

The Supreme Court clarifies direct bribery under the Revised Penal Code in a case involving Ombudsman officials and local executives.

Jan 11, 2023plea bargainingdangerous drugsra 9165criminal proceduresupreme court

When Courts Can Approve Plea Bargains Over Prosecution Objection in Drug Cases

Explains when trial courts may approve plea bargains in drug cases despite prosecution objection, citing People v. Esma.

Jan 11, 2023qualified theftcriminal lawbreach of trustemployee misappropriationrevised penal code

Breach of Trust: Defining Qualified Theft in Employee Misappropriation Cases

A sales manager's failure to remit sale proceeds is qualified theft, not carnapping, when trust and confidence are abused.

Jan 11, 2023administrative-lawgrave-misconductsimple-misconductcivil-serviceombudsmanpublic-officials

Simple Misconduct vs Grave Misconduct: Key Differences in Penalties for Public Officials

The Supreme Court clarifies the distinction between simple and grave misconduct in administrative cases, and the corresponding penalties.