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显示第 10513–10536 篇,共 24,749 篇文章

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Aug 9, 2010illegal recruitmentra 8042migrant workersoverseas employmentlarge scalecriminal law

Accountability Prevails: Illegal Recruitment and the Promise of Overseas Employment

The Supreme Court affirms life imprisonment for illegal recruitment in large scale, protecting OFWs from false promises of overseas employment.

Aug 9, 2010judicial ethicsadministrative lawcode of judicial conductjudgessupreme court

Judicial Ethics: Judge Fined for Using Official Position in Personal Dispute

Supreme Court fines judge P11,000 for using judicial letterhead to pressure officials in personal dispute over a relative's piggery business.

Aug 9, 2010labor lawunion securityillegal dismissalcertification electionmanagement prerogative

Job Evaluations and Employee Entitlements: Clarifying the Scope of Management Prerogative

Supreme Court clarifies that union security clauses cannot justify dismissal for exercising the right to self-organization during the freedom period.

Aug 9, 2010rapecriminal lawevidencesupreme courtpeople v lindorevised penal code

Rape of a Person Deprived of Reason: Evidence and Conviction in People v. Lindo

The Supreme Court clarifies rape of a person deprived of reason, evidence admissibility, and conviction standards in People v. Lindo.

Aug 9, 2010novationloan restructuringforeclosurereal estate mortgagepreliminary injunctioncivil law

Novation Requires Clear Agreement: Loan Restructuring and Foreclosure Rights

Supreme Court clarifies that accepting partial payments does not automatically novate a loan, and banks may still foreclose on defaulted mortgages.

Aug 9, 2010criminal lawcivil liabilityacquittalreasonable doubtdouble jeopardyrules of court

Acquittal and Civil Liability: When Reasonable Doubt Shields From Damages

Philippine Supreme Court ruling on when an acquittal based on reasonable doubt also bars civil liability claims against the accused.

Aug 9, 2010labor-lawunion-securitycollective-bargainingillegal-dismissalcertification-electionemployee-rights

Union Security Clauses and Employee Rights: Lessons from PICOP Resources

Philippine Supreme Court ruling on when union security clauses justify dismissal and how employee rights to self-organization are protected.

Aug 9, 2010construction-lawciacarbitrationjurisdictionexecutive-order-1008dispute-resolution

CIAC Jurisdiction in Construction Disputes: The Golangco Doctrine on Arbitration Clauses

The Supreme Court clarifies that an arbitration clause in a construction contract automatically vests CIAC with jurisdiction over all disputes arising from it.

Aug 9, 2010murdertreacherycriminal-lawwitness-credibilityrules-of-courtdamages

Treachery and Witness Credibility: Proving Murder Beyond Reasonable Doubt

A Supreme Court ruling explains how treachery is established and why minor witness inconsistencies do not weaken a murder conviction.

Aug 9, 2010criminal procedurecivil liabilityacquittalmurderrules of court

Acquittal in Murder Case and Civil Liability: The Garces v. Hernandez Ruling

When an acquittal rests on weak prosecution evidence, the court may rule that no civil liability arises. Learn the rules.

Aug 9, 2010administrative lawjudicial conductcode of judicial conductjudgesabuse of authoritysupreme court

Judge Fined for Using Judicial Prestige in Personal Dispute Over Piggery

Supreme Court rules judge violated judicial conduct by using his official title to pressure local officials in a personal dispute.

Aug 9, 2010probatetestamentary successioncivil coderes judicataco-ownershippartition

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

Aug 9, 2010criminal-lawrapestatutory-rapesexual-assaultchildrensupreme-court

Protecting Children: Rape Conviction Upheld Despite Errors in Legal Citations

Supreme Court affirms rape conviction of child's neighbor, clarifies correct law under RA 8353, and finds two counts of rape.

Aug 8, 2010agrarian reformsecurity of tenuretenant rightsland reformpd 27ra 3844

Security of Tenure Prevails: Tenant Rights in Agricultural Land Reform

Supreme Court affirms tenant security of tenure under agrarian reform, voiding landowner's attempt to dispossess farmer-beneficiaries of their landholding.

Aug 8, 2010criminal-lawprobable-causepreliminary-investigationgrave-abuse-of-discretionrule-112prosecutorial-review

Probable Cause and Prosecutor's Review: Lessons from Verzano v. Paro

The Supreme Court clarifies when a prosecutor's finding of probable cause amounts to grave abuse of discretion, and how courts review such resolutions.

Aug 8, 2010criminal-law

THE Prosecutors Discretion Evaluating Probable Cause AND THE Right TO A Fair Hearing

Aug 8, 2010labor-lawillegal-dismissaldrug-testingra-9165terminationemployer-obligations

Drug Testing in Employment: Employer's Duty to Prove Accreditation for Valid Termination

When can a positive drug test justify dismissal? The Supreme Court clarifies employer obligations under R.A. 9165.

Aug 8, 2010civil-law

Untimely Action Statute OF Limitations Bars Revival OF Stale Judgment

Aug 8, 2010corporate rehabilitationstay orderforeclosurewrit of possessionact 3135real estate mortgage

Rehabilitation Stay Orders and Foreclosure Rights: The Equitable PCI Bank v. DNG Realty Ruling

When a corporate rehabilitation stay order does not stop post-foreclosure steps like title consolidation and writs of possession.

Aug 8, 2010criminal lawprobable causeprosecutorial discretionperjurypreliminary investigationgrave abuse of discretion

Probable Cause vs Prosecutorial Discretion: The Perjury Case of Verzano v. Paro

A prosecutor cannot presume probable cause simply because a respondent fails to file a counter-affidavit. The Supreme Court explains why.

Aug 8, 2010labor-lawterminationloss-of-trustburden-of-proofillegal-dismissaljurisprudence

Loss of Trust and Confidence: Employers' Burden of Proof in Termination Cases

Philippine Supreme Court ruling on loss of trust and confidence as a valid ground for employee dismissal, and the employer's burden of proof.

Aug 8, 2010criminal-law

Rape Conviction Stands Despite Technicality Protecting Minors IN THE Philippines

Aug 8, 2010trademark infringementintellectual propertydominancy testconfusing similaritysupreme court

When "NANNY" Infringes "NAN": The Dominancy Test in Philippine Trademark Law

Philippine Supreme Court explains when a similar-sounding mark like NANNY infringes a registered trademark like NAN, applying the dominancy test.

Aug 8, 2010preliminary injunctionforeclosurereal estate mortgagedacion en pagobanking law

Preliminary Injunctions in Foreclosure: Clear Legal Right Required

Philippine Supreme Court ruling on when courts may issue preliminary injunctions to stop extrajudicial foreclosure sales.