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显示第 985–1008 篇,共 24,618 篇文章

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Oct 3, 2022tax lawletter of authoritybirtax assessmentdue processrevenue officers

When a Tax Audit Lacks Authority: The LOA Requirement in Philippine Tax Investigations

Philippine Supreme Court ruling on why BIR revenue officers need a valid Letter of Authority to conduct tax audits, and what happens when reassignments bypass this requirement.

Oct 3, 2022tax lawletter of authoritybirrevenue officerstax assessmentdue process

When a Revenue Officer Lacks Authority: The LOA Requirement in Tax Audits

Philippine Supreme Court explains why a new Letter of Authority is required when tax investigations are reassigned to another revenue officer.

Oct 3, 2022letter of authoritytax assessmentbirnational internal revenue codetax auditcta

Letter of Authority Required When Reassigning Tax Audits: Supreme Court Ruling

Supreme Court nullifies tax assessments where audits were reassigned without a new Letter of Authority. Learn the rules.

Sep 28, 2022labor-lawfamily-homeexecutionlevyfamily-codeexemption

When Is a Family Home Exempt from Execution? Key Lessons from Taruc v. Maximo

A Supreme Court ruling clarifies when a family home is exempt from execution and what evidence a judgment debtor must present to claim the exemption.

Sep 28, 2022family homeexecutionlabor lawfamily codeexemptionsupreme court

Family Home Exemption From Execution: What Philippine Law Requires

Philippine Supreme Court clarifies family home exemption from execution, requiring proof of actual occupancy and compliance with Family Code.

Sep 28, 2022civil servicegovernment service accreditationretirement benefitscontract of servicecscra 8291

Accreditation of Government Service After Retirement: The CSC v. Annang Rule

Retired government workers cannot seek accreditation of prior contract-of-service work. The Supreme Court explains the rule and its limits.

Sep 28, 2022trafficking in personsanti-traffickingchild protectionra 9208ra 10364criminal law

Attempted Trafficking in Persons: When Simulating a Birth and Taking Custody of a Child Leads to Conviction

The Supreme Court explains when simulating a birth and acquiring custody of a child constitutes attempted trafficking in persons under Philippine law.

Sep 28, 2022trafficking in personschild protectionra 9208ra 10364criminal lawsupreme court

Combating Child Trafficking: Upholding the State's Duty to Protect Children from Exploitation

The Supreme Court affirms the conviction of a woman for attempted trafficking in persons, underscoring the State's duty to protect children from exploitation.

Sep 28, 2022illegal dismissallabor lawburden of proofterminationjurisprudence

Proving Illegal Dismissal: Employee Must First Establish Fact of Dismissal

In illegal dismissal cases, the employee must first prove the fact of dismissal by substantial evidence before the employer bears the burden of justifying it.

Sep 28, 2022civil-law

Protecting THE Family Home Clarifying Exemption From Execution Under THE Family Code

Sep 27, 2022administrative lawcivil serviceombudsmanreassignmentoppressionpublic officers

Reassignment Validity Must Precede Ombudsman Oppression Cases, SC Rules

The Supreme Court clarifies that the CSC must first rule on a reassignment's validity before the Ombudsman can hear an oppression charge.

Sep 27, 2022accretionforcible entryprior physical possessioncivil codeproperty lawejectment

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Sep 27, 2022fiscal autonomygovernment-owned corporationscommission on auditemployee benefitsphilhealthadministrative law

The Limits of Fiscal Autonomy: PhilHealth’s Authority to Grant Employee Benefits

The Supreme Court rules that PhilHealth's fiscal autonomy is not absolute; employee benefits must have clear legal basis or face disallowance.

Sep 27, 2022fiscal autonomycommission on auditphilhealthgovernment corporationscompensationdisallowance

Fiscal Autonomy vs Accountability: PhilHealth Benefit Disallowances Upheld

The Supreme Court affirms COA disallowances of PhilHealth benefits, clarifying that fiscal autonomy does not mean absolute power over compensation.

Sep 27, 2022legal ethicscode of professional responsibilitylawyer disciplineoffensive languagesupreme court

When Zealous Advocacy Turns Abusive: Disciplining Lawyers for Offensive Language

The Supreme Court clarifies the line between vigorous advocacy and offensive language in pleadings, disciplining a lawyer for intemperate remarks.

Sep 27, 2022legal ethicsprofessional responsibilitycode of professional responsibilitylawyer disciplinesupreme court

Limits to Zealous Advocacy: Offensive Language in Pleadings Warrants Suspension

Supreme Court reminds lawyers that zealous advocacy has limits—offensive language in pleadings violates the Code of Professional Responsibility and warrants suspension.

Sep 25, 2022family lawforeign adoptionjudicial recognitionadoption decreesupreme court

Foreign Adoption Recognition in the Philippines: What the Yuta Hayashi Case Means

Philippine courts can recognize foreign adoption decrees involving Filipino citizens if proven as fact and not contrary to public policy.

Sep 21, 2022novationconstruction-contractscivil-codecontract-lawsupreme-courtphilippines

Novation in Construction Contracts: When Revisions Create a New Agreement

Philippine Supreme Court clarifies when revised construction plans and new contracts extinguish prior agreements through novation.

Sep 21, 2022criminal-lawdangerous-drugsconspiracybuy-bustchain-of-custodyra-9165

Guilt Beyond Doubt: Conspiracy and the Comprehensive Dangerous Drugs Act

The Supreme Court affirms drug convictions, explaining conspiracy, possession, and chain of custody under RA 9165.

Sep 21, 2022ombudsmanspecial prosecutoradministrative lawdisciplinary powercivil servicedue process

Ombudsman’s Disciplinary Power Over Special Prosecutor: Balancing Independence and Accountability

The Supreme Court rules on the Ombudsman’s power to discipline the Special Prosecutor, clarifying removal authority and due process in administrative cases.

Sep 21, 2022just compensationexpropriationland titlesreversionproperty lawtorrens system

Just Compensation and Land Titles: Resolving Conflicting Claims in Expropriation Cases

The Supreme Court clarifies when property owners can claim just compensation and when the government can seek reversion of titled land.

Sep 21, 2022labor-lawappeal-bondlabor-only-contractingsolidary-liabilitynlrcjurisprudence

Appeal Bond for Labor-Only Contractors: Solidary Liability and NLRC Appeals

When must a labor-only contractor post an appeal bond? The Supreme Court clarifies solidary liability and appeal perfection rules.

Sep 21, 2022illegal recruitmentestafaoverseas employmentra 8042criminal lawfalse promises

Accountability for False Promises: Illegal Recruitment and Estafa Conviction Analyzed

The Supreme Court affirms conviction for illegal recruitment in large scale and estafa, clarifying liability for false promises of overseas employment.

Sep 20, 2022commercial-lawlegal-interestunconscionable-interestsales-of-goodscivil-codesupreme-court

Interest on Overdue Accounts: Clarifying the Scope of Legal Interest and Unconscionability in Sales of Goods

The Supreme Court clarifies when legal interest applies to stipulated interest and how courts determine unconscionable rates in sales transactions.