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显示第 9097–9120 篇,共 24,714 篇文章

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Nov 13, 2012migrant workersillegal recruitmentra 8042corporate liabilityconstitutional lawoverseas employment

Unraveling Sequestration When Government Claims Meet Private Property Rights IN THE Philippines

The Supreme Court upheld key provisions of the Migrant Workers Act, including illegal recruitment penalties and the joint liability rule for corporate officers.

Nov 13, 2012migrant workersofwillegal recruitmentlabor lawsupreme courtconstitutional law

Protecting OFWs: Examining the Constitutionality of the Migrant Workers Act

The Supreme Court upheld key provisions of the Migrant Workers Act, affirming the State's power to protect overseas Filipino workers.

Nov 13, 2012election-lawnuisance-candidatecomelecvoter-intentautomated-electionssupreme-court

Protecting Voter Intent: Counting Votes for Bona Fide Candidates Over Nuisance Candidates

The Supreme Court ruled votes for nuisance candidates with names similar to bona fide candidates must be counted for the legitimate candidate, protecting voter intent.

Nov 13, 2012election lawnuisance candidatecomelecsuffrageautomated electionscertificate of candidacy

Suffrage and Procedure: Upholding the Electorate’s Will Despite Technicalities in Election Protests

The Supreme Court ruled that votes for a nuisance candidate with a similar surname must be counted for the bona fide candidate, protecting voter intent.

Nov 13, 2012writ of amparoorder of battlesubstantial evidencehuman rightsconstitutional lawphilippine supreme court

Order of Battle and the Writ of Amparo: Proving a Real Threat to Life, Liberty, and Security

The Supreme Court clarifies when inclusion in a military Order of Battle amounts to a real threat warranting amparo protection.

Nov 13, 2012election-lawcomelecproclamationmootnesspre-proclamation-controversyjurisprudence

When Election Irregularities Meet Mootness: Annulment of Proclamation and the Imperative of an Actual Controve

Explore Quiño v. COMELEC, where the Supreme Court dismissed an election case as moot after a re-canvass, explaining why actual controversies matter.

Nov 12, 2012psychological incapacitymarriage nullityfamily codearticle 36annulmentfamily law

Psychological Incapacity Evidentiary Standards for Marriage Nullity in the Philippines

Learn the evidentiary standards for proving psychological incapacity in Philippine marriage nullity cases, explained through the Mendoza ruling.

Nov 12, 2012probate lawattestation clausecivil codelast will and testamentsubstantial compliance

Probate of Wills in the Philippines: When Attestation Clause Errors Are Fatal

Philippine Supreme Court explains when attestation clause defects invalidate a will, and when substantial compliance may save it.

Nov 12, 2012agrarian reformabandonmentequitable mortgageredemption rightspd 27ra 6657

Agrarian Reform Abandonment Nullifies Redemption Rights Despite Equitable Mortgage

SC rules farmer-beneficiary's 11-year surrender of land to non-beneficiary is abandonment, forfeiting redemption rights under agrarian laws.

Nov 12, 2012filiationchild supportfamily lawevidencepaternity

Establishing Filiation: Clear and Convincing Evidence Required for Support Orders in the Philippines

Philippine courts require clear and convincing evidence to establish filiation for child support. Learn the legal standards and practical implications.

Nov 12, 2012civil-proceduredue-processnegligence-of-counseldefault-judgmentrule-38supreme-court

Gross Negligence of Counsel Can Reopen Litigation to Protect Due Process

When counsel's gross negligence denies a client his day in court, the litigation may be reopened to protect due process.

Nov 12, 2012maritime lawseafarersdisability benefitspoea-seclabor law

Defining Disability for Seafarers: Rights and the 240-Day Rule in Maritime Employment

The Supreme Court clarifies when a seafarer's disability becomes total and permanent, and why exceeding 120 days does not automatically entitle him to full benefits.

Nov 12, 2012expropriationagrarian reformjust compensationjudicial noticera 6657

Certiorari as a Substitute for Appeal: Navigating Procedural Deadlines in Expropriation Cases

A Supreme Court ruling clarifies when courts may take judicial notice of land values and why the DAR formula must govern just compensation in agrarian expropriation.

Nov 12, 2012family codepsychological incapacityarticle 36nullity of marriageannulmentfamily law

Psychological Incapacity vs Marital Discord: What the Supreme Court Requires Under Article 36

The Supreme Court clarifies that marital discord, infidelity, or abandonment is not enough to nullify a marriage under Article 36 of the Family Code.

Nov 12, 2012probatewillsattestation clausecivil codesuccessionphilippine law

Formal Will Requirements: Strict vs Substantial Compliance in Probate

Philippine Supreme Court clarifies when defective attestation clauses invalidate wills, distinguishing strict from substantial compliance under Civil Code Articles 805 and 809.

Nov 12, 2012excise taxtax refundtax creditdiageoexported goodsstatutory taxpayer

Excise Tax Refunds for Exported Goods: Who Can Claim Under the Tax Code

The Supreme Court clarifies that only the statutory taxpayer—not the buyer—may claim excise tax refunds on exported goods.

Nov 12, 2012agrarian reformland reformp.d. 27r.a. 6657darabproperty law

Agrarian Reform Beneficiary Rights Abandonment and Land Transfer Restrictions

Supreme Court ruling on when an agrarian reform beneficiary loses rights through land transfer and abandonment under P.D. 27 and R.A. 6657.

Nov 12, 2012treacheryself-defensemurdercriminal liabilityrevised-penal-codesupreme-court

Treachery and Self-Defense: Understanding Criminal Liability in the Philippines

A Supreme Court ruling explains when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Nov 11, 2012accretionproperty lawland registrationregalian doctrinepublic domainriverbed

Accretion vs. Dried Riverbeds: Who Owns the Land in the Philippines?

The Supreme Court clarifies that land formed by a dried-up riverbed belongs to the State, not adjacent owners. Learn the rules on accretion and land registration.

Oct 24, 2012criminal lawmurderconspiracyabuse of superior strengthsupreme courtevidence

Conspiracy and Abuse of Superior Strength in Murder: People v. Nazareno

Explaining how conspiracy and abuse of superior strength are proven in murder cases, and why the Supreme Court affirmed Nazareno's conviction.

Oct 24, 2012labor-lawverificationposition-paperillegal-dismissalnlrcsupreme-court

Verification Matters: Why Unverified Labor Claims Get Dismissed

Learn why the Supreme Court dismissed 99 workers' labor claims for lack of proper verification in Martos v. New San Jose Builders.

Oct 24, 2012bank foreclosurepreliminary injunctionextrajudicial foreclosurereal estate mortgagecertiorari

Injunction Against Bank Foreclosure: When Borrowers Cannot Stop the Sale

Supreme Court explains when courts may issue injunctions to stop extrajudicial foreclosure, and why defaulting borrowers cannot rely on disputed interest rates.

Oct 24, 2012conspiracymurderabuse of superior strengthcriminal lawrevised penal codesupreme court

How Conspiracy and Abuse of Superior Strength Shape Murder Liability in Philippine Law

A Supreme Court ruling explains how conspiracy and abuse of superior strength are proven in murder cases, and why each participant bears equal liability.

Oct 24, 2012criminal-law

Rape Conviction Affirmed Upholding Victim Testimony AND Rejecting Alibi IN Qualified Rape Cases