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显示第 10321–10344 篇,共 24,747 篇文章

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Oct 11, 2010overseas employmentrecruitment agencyjoint and solidary liabilityra 8042illegal dismissalforeign law proof

Joint and Solidary Liability of Recruitment Agencies for OFW Claims

Philippine Supreme Court ruling on recruitment agencies' joint liability with foreign principals for overseas workers' money claims.

Oct 11, 2010unlawful detainerforcible entryejectmentproperty lawrule 70possession

Tolerance Ends Unlawful Detainer Actions and Property Rights in the Philippines

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer, and how property owners can recover possession.

Oct 11, 2010commercial-law

The Critical Omission: Why "Zero-Rated" Must Appear on VAT Invoices for Tax Credit Refund Claims

Philippine Supreme Court rules that failing to print on its sales invoices. The CTA En Banc affirmed this denial, and J.R.A. elevated the matter to the Supreme Court.

Oct 11, 2010contract-lawconstruction-disputeschange-orderscivil-codesupreme-courtwritten-consent

Change Orders Without Written Consent: Contractual Obligations in Construction Disputes

Philippine Supreme Court ruling on change orders, written consent, and contractual obligations in construction disputes under Article 1724.

Oct 11, 2010maritime lawseafarersdisability benefitspoea-secpost-employment medical examphilippine supreme court

Seafarers Must Comply With Post-Employment Medical Exams or Forfeit Disability Claims

Philippine Supreme Court rules seafarers who skip mandatory post-employment medical exams within three days forfeit disability claims, even for mental health conditions.

Oct 11, 2010seafarer rightspoea-secdisability benefitslabor lawoverseas employmentnlrc

Seafarer Disability Claims: The Cost of Skipping the Post-Employment Exam

A seafarer's failure to submit to the required post-employment medical exam within three days forfeits disability claims, even for depression.

Oct 11, 2010criminal-lawillegal drugsbuy-bust operationchain of custodysupreme court

Upholding a Drug Conviction: Chain of Custody and Informant Testimony in Gonzaga

The Supreme Court affirmed a shabu sale conviction, ruling that informant non-presentation, minor witness inconsistencies, and custody lapses do not defeat a solid buy-bust case.

Oct 6, 2010real-estate-mortgagepreliminary-injunctioncivil-lawobligations-and-contractssupreme-court

Unraveling Real Estate Mortgages When Does A Debt Secure Future Obligations

Philippine Supreme Court clarifies when real estate mortgages secure future obligations and the strict standards for preliminary mandatory injunctions.

Oct 6, 2010labor-lawhabitual-tardinesscivil-servicecourt-employeespublic-servicediscipline

Punctuality in Public Service: Dismissal for Habitual Tardiness Explained

Learn the rules on habitual tardiness in Philippine public service, penalties for repeat offenses, and why personal excuses do not justify lateness.

Oct 6, 2010perjurypreliminary investigationdepartment of justiceprosecutorial discretioncriminal procedure

Perjury Complaints and the DOJ Secretary's Discretion in Preliminary Investigations

Explains when the DOJ may dismiss a perjury complaint appeal and why constitutional due process rules for courts do not bind prosecutors.

Oct 6, 2010preventive suspensionombudsmanadministrative lawpublic servicedishonestycivil service

Preventive Suspension: Strong Evidence of Dishonesty Justifies Temporary Removal in Public Service

Supreme Court rules on when preventive suspension of public officials is justified, clarifying the "strong evidence" standard under the Ombudsman Act.

Oct 6, 2010unlawful detainerejectmentjurisdictionproperty lawrule 70supreme court

Unlawful Detainer Jurisdiction: How Complaint Allegations Determine Ejectment Cases

Learn how complaint allegations, not defenses, determine jurisdiction in unlawful detainer cases, based on a 2010 Philippine Supreme Court ruling.

Oct 6, 2010agrarian reformpetition for reviewspecial agrarian courtland bankcivil procedure

Untangling Agrarian Appeals When Is a Petition for Review Required

The Supreme Court clarifies when a petition for review—not an ordinary appeal—is required in agrarian cases, and why procedural lapses may be excused.

Oct 6, 2010civil procedureappealsrule 45rule 41questions of lawphilippine courts

Navigating Appeals When Questions of Fact and Law Intertwine in Philippine Courts

Learn how Philippine courts handle appeals involving mixed questions of fact and law, based on a 2010 Supreme Court ruling.

Oct 6, 2010corporate lawboard resolutionejectmentjurisdictioncivil procedurehomeowners association

Ensuring Corporate Authority in Legal Actions: The Importance of Board Resolutions

Philippine Supreme Court ruling on ejectment jurisdiction, board resolutions, and why corporate authority matters in lawsuits.

Oct 6, 2010real-estate-law

Foreclosure Invalidity Upholding Debtors Rights IN Loan Obligations

Oct 6, 2010labor-lawcompromise-agreementquitclaimillegal-dismissalsettlement

Compromise Agreements in Labor Cases: When Settlements Are Final and Binding

The Supreme Court affirms a compromise agreement between Coca-Cola and workers, explaining when quitclaims and settlements are valid and binding.

Oct 6, 2010labor lawcompromise agreementillegal dismissalquitclaimfreedom to contract

Compromise Agreements in Labor Cases: Upholding Freedom to Contract and Settling Disputes

The Supreme Court affirms a compromise agreement ending a long-running illegal dismissal case, underscoring the validity of amicable settlements in labor disputes.

Oct 6, 2010civil-lawproperty-rightsgood-faithreimbursementaccion-publicianabuilders-in-good-faith

Good Faith and Property Rights: Reimbursement for Builders on Another’s Land

A builder in good faith on another's land may claim reimbursement and retention rights. Learn the rules from Benedicto v. Villaflores.

Oct 6, 2010labor-lawconstructive-dismissalmanagement-prerogativedemotionsecurity-of-tenuresupreme-court

Demotion vs Management Prerogative: Protecting Employees From Unjust Reassignments

When does a transfer become an illegal demotion? The Supreme Court clarifies limits on management prerogative in Coca-Cola Bottlers v. Del Villar.

Oct 6, 2010administrative lawjudicial efficiencyundue delaycode of judicial conductrule on summary proceduresupreme court

Judicial Efficiency: The Duty of Judges to Decide Cases Promptly and the Consequences of Delay

Philippine Supreme Court ruling on a judge's duty to decide cases within reglementary periods, and the administrative penalties for undue delay.

Oct 6, 2010civil procedureinjunctionreal estate mortgagesuretyphilippine jurisprudence

When a Court Cannot Freeze a Mortgage: Injunctions and Doubtful Rights in Ngo v. Allied Bank

In Ngo v. Allied Bank, the Supreme Court explains why a preliminary mandatory injunction needs a clear legal right — and why doubt defeats it.

Oct 5, 2010anti-terrorismhuman security actconstitutional lawlocus standisupreme courtnational security

Anti-Terrorism Act: Balancing National Security and Constitutional Rights in the Philippines

The Supreme Court upheld the Human Security Act but set strict rules on who can challenge anti-terrorism laws in court.

Oct 5, 2010habeas datalabor lawprivacyemploymentnlrcmanagement prerogative

Habeas Data vs. Employment Disputes: The MERALCO Transfer Case

The Supreme Court clarifies when the writ of habeas data protects privacy—and when labor disputes belong instead to the NLRC.