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显示第 9481–9504 篇,共 24,723 篇文章

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Apr 25, 2012labor-lawprobationary-employmentregularizationillegal-dismissalbackwagessecurity-of-tenure

Probationary Employment: Employers Must Inform Employees of Regularization Standards

Philippine Supreme Court ruling on probationary employment: employers must inform employees of regularization standards at the time of engagement.

Apr 25, 2012treasury billssecurities tradingcontract lawlegal compensationphilippine supreme court

Treasury Bill Trading Roles: When a "Conduit" Is Really a Principal

Philippine Supreme Court clarifies when a treasury bill trader acts as principal, not conduit, and when set-off applies.

Apr 25, 2012criminal lawdeath pending appealra 9165criminal liabilityphilippine jurisprudence

When an Accused Dies Pending Appeal: Extinguishment of Criminal and Pecuniary Liability

A Supreme Court ruling explains how the death of an accused during appeal extinguishes criminal liability and, in drug cases, the fine as well.

Apr 25, 2012banking lawnegligencenegotiable instrumentsdepositsclearing periodcontributory negligence

Shared Negligence: Banks and Depositors Must Bear Losses Equally When Both Are at Fault

When a bank releases check proceeds before clearing and a depositor withdraws them hastily, both may share the loss equally under Philippine law.

Apr 25, 2012administrative lawprimary jurisdictionneaelectric cooperativesexhaustion of administrative remedies

NEA Supervisory Power Prevails in Resolving Electric Cooperative Disputes

Supreme Court rules NEA has primary jurisdiction over electric cooperative board disputes, not regular courts.

Apr 25, 2012criminal lawdrug offensesra 9165appealdeath of accusedcriminal liability

Reasonable Doubt Prevails Safeguarding Rights IN Drug Possession Cases

Death pending appeal extinguishes criminal liability in drug cases. The Supreme Court clarifies the effect of an accused's death on convictions.

Apr 25, 2012excise taxpetroleum productsinternational carrierstax refundnircphilippine tax law

Excise Tax on Petroleum: Who Bears the Burden When International Carriers Are Involved

The Supreme Court rules oil companies cannot claim refunds for excise taxes on petroleum sold to international carriers—the exemption belongs to the buyers, not sellers.

Apr 25, 2012labor-lawillegal-dismissalhabitual-tardinessjust-causedue-processnominal-damages

Habitual Tardiness and Misconduct: When Repeated Infractions Justify Dismissal

Philippine Supreme Court ruling on when habitual tardiness, absenteeism, and insubordination justify dismissal, and the price of skipping due process.

Apr 25, 2012contemptdue processright to be heardrules of courtcivil procedure

Safeguarding Due Process: The Right to Be Heard in Contempt Cases

A Supreme Court ruling clarifies that indirect contempt proceedings require a full hearing and the opportunity to be heard, not just written pleadings.

Apr 25, 2012just compensationeminent domainnapocortransmission linesinverse condemnationproperty law

Just Compensation for Transmission Lines: Full Market Value, Not Easement Fees

Explaining NAPOCOR v. Saludares on just compensation for transmission line easements—full market value, no prescription, and valuation timing.

Apr 25, 2012administrative lawcourt employeesethical standardsfinancial obligationsadministrative case

Court Employees and Financial Obligations: Ethics Beyond the Courtroom

A Supreme Court ruling reminds court employees that personal debts and conduct reflect on the judiciary's integrity and honor.

Apr 25, 2012criminal lawdeath of accusedpecuniary liabilitycomprehensive dangerous drugs actappealsupreme court

Death Abates Criminal and Pecuniary Liabilities: People v. Brillantes

When a convicted accused dies pending appeal, both criminal and pecuniary liabilities are extinguished. Learn the rule from People v. Brillantes.

Apr 25, 2012labor-lawdrug-testingillegal-dismissaldue-processemployer-rightsemployee-rights

Drug Testing in the Workplace: Employer Rights vs Employee Rights and Due Process

Philippine Supreme Court ruling on drug testing in the workplace, balancing employer rights, employee rights, and due process in dismissal cases.

Apr 25, 2012hlurbcondominium lawindispensable partyjurisdictionpd 957real estate disputes

Condominium Disputes: HLURB Jurisdiction and Indispensable Parties Explained

When do condominium owner complaints belong before the HLURB? The Supreme Court clarifies jurisdiction and the need to implead the condominium corporation.

Apr 24, 2012labor lawinsubordinationovertimeterminationdue processjust cause

Refusal to Obey and Dismissal: Lessons from Realda v. New Age Graphics

When can an employer fire a worker for refusing overtime? The Realda case explains just cause, due process, and nominal damages.

Apr 24, 2012local governmentquorumsanggunianvice-mayorcivil serviceappointments

Quorum Quandaries: When Does a Presiding Officer Count in Local Governance

The Supreme Court clarifies when a vice-mayor counts for quorum in local sanggunian sessions under the Local Government Code.

Apr 24, 2012legal ethicsdisbarmentattorney misconductcanons of professional responsibilitynotarial practiceclient trust

Attorney Disbarment in the Philippines: When Client Trust Is Betrayed

The Supreme Court disbarred a lawyer who mortgaged and sold a client's property using a forged power of attorney, underscoring the high ethical standards required of Philippine attorneys.

Apr 24, 2012judicial reviewpriority development assistance fundbudget appropriationseparation of powerstaxpayers suitcongress

The Limits of Judicial Review: Safeguarding Congressional Authority in Budget Allocations

A 2012 Supreme Court ruling on PDAF shows how courts respect congressional budget power and the limits of taxpayer suits.

Apr 24, 2012election-lawdomicileresidency-requirementjalosjoscomeleccitizenship

Establishing Domicile Intent AND Actions FOR Philippine Elections

The Supreme Court clarifies how reinstated Filipino citizens can prove domicile and residency for election candidacy, using Jalosjos v. COMELEC.

Apr 23, 2012administrative-lawlocal-government-codecockpit-licensecause-of-actionprivilegesangguniang-bayan

Cockfighting Operations License As A Privilege And The Absence Of A Cause Of Action

License to operate a cockpit is a mere privilege, not a property right. No cause of action exists without a legal right.

Apr 23, 2012judiciaryadministrative lawcode of conductjudgesadministrative circular 5ra 6713

When a Judge's Side Business Crosses the Line: Lessons from Luarca v. Molato

The Supreme Court clarifies when a judge's involvement in a spouse's business becomes an administrative offense, and what judges must avoid.

Apr 23, 2012corporate lawderivative suitmortgageboard resolutioncivil procedure

Upholding Corporate Rights When a Mortgage Is Made Without Board Authority

A corporation can annul a mortgage executed by officers without board authority. The Supreme Court clarifies the rules on derivative suits and amendments.

Apr 23, 2012civil-procedureforum-shoppingcorporate-resolutioncertificationrules-of-courtcorporation-code

Authority to Sue: Why Corporate Resolutions Matter in Forum Shopping Certifications

The Supreme Court explains why a corporation's complaint can be dismissed when the certification against forum shopping lacks proof of board authority.

Apr 18, 2012maritime lawseafarer disabilitypoea contractlabor lawoverseas employment

Seafarer Disability Claims: The 240-Day Rule and Company-Designated Physicians

Philippine Supreme Court clarifies the 240-day rule on seafarer disability claims and the binding weight of company-designated physician assessments.