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显示第 10921–10944 篇,共 24,760 篇文章

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Mar 18, 2010contract-lawinterest-ratesbank-lendingdelayed-paymentcivil-codesupreme-court

Contractual Interest Enforceability of Bank Lending Rates in Delayed Payments

Supreme Court rules stipulated bank lending rates apply automatically to delayed payments without need for separate consent.

Mar 18, 2010labor-lawjurisdictiongovernment-corporationemployer-employeecivil-servicelrta

When Government Corporations Are Not Employers: The LRTA Case on Labor Jurisdiction

The Supreme Court clarifies when government-owned corporations with original charters fall outside labor arbiter jurisdiction, using the LRTA-METRO case.

Mar 18, 2010conjugal propertyfamily codespousal consentproperty lawlis pendensbuyer in good faith

Spousal Consent in Conjugal Property Disposition Under the Family Code

The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.

Mar 18, 2010labor-lawemployer-employee relationshiplabor jurisdictiongovernment-owned corporationillegal dismissalpierce corporate veil

Employer-Employee Relationship Defines Labor Jurisdiction in Contractual Arrangements

When does a government-owned corporation become liable for a contractor's employees? The Supreme Court clarifies jurisdiction rules.

Mar 18, 2010labor-lawgovernment-employeescolar.a.-6758dbmsalary-standardization

Standardized Salaries vs Employee Benefits: Clarifying COLA Integration for Philippine Government Workers

A Supreme Court ruling clarifies when COLA and similar allowances are deemed integrated into standardized government salaries under R.A. 6758.

Mar 18, 2010filiationillegitimate childrensupportfamily codeevidencepaternity

Establishing Filiation: The Evidentiary Standard for Illegitimate Children's Support Claims

A support promise without an admission of paternity does not establish filiation. Nepomuceno v. Lopez clarifies the rule.

Mar 18, 2010labor lawunion registrationcertification electionlabor codemisrepresentationself-organization

Union Registration Fraud Claims: What Eagle Ridge Teaches About Labor Organizing

Supreme Court clarifies when misrepresentation claims can cancel a union's registration, protecting workers' right to self-organization.

Mar 18, 2010illegal recruitmentestafaoverseas employmentlabor lawcriminal lawra 8042

Deceptive Promises in Overseas Job Scams: Illegal Recruitment and Estafa

Supreme Court ruling explains when fake overseas job promises constitute both illegal recruitment in large scale and estafa.

Mar 17, 2010labor lawgovernment employeesratareassignmentlocal governmentcompensation

Reassignment and RATA: When Government Employees Keep Their Allowance

The Supreme Court clarifies when a reassigned local government employee may continue receiving RATA, balancing administrative authority with employee rights.

Mar 17, 2010criminal-lawrapeguilty-pleasearching-inquiryjurisdictionsupreme-court

Guilty Plea Lasting Impact Rape Conviction Stands Despite Procedural Errors

Supreme Court rules an improvident guilty plea does not void a rape conviction when credible evidence independently supports it.

Mar 17, 2010labor-lawabandonmentillegal dismissalsupreme courtdue processvoluntary arbitration

Abandonment in Employment: The Imperative of Intent and the Employer’s Duty to Notify

Explore the Supreme Court ruling on abandonment of work, focusing on the employee's intent and the employer's responsibility to issue notices.

Mar 17, 2010moral damagesbreach of contractcommon carriermaritime lawcivil codesulpicio lines

Moral Damages in Maritime Disasters: Who Can Claim After a Breach of Contract

Supreme Court rules only spouse, descendants, ascendants, and illegitimate children may claim moral damages for a passenger's death in a maritime disaster.

Mar 17, 2010bail pending appealcriminal procedurerule 114certioraridiscretionleviste

Bail Pending Appeal After Conviction: Why Discretion Is Not Automatic

Explaining the Supreme Court ruling in Leviste v. Court of Appeals on bail pending appeal, judicial discretion, and the limits of certiorari.

Mar 17, 2010bailcriminal procedurerule 114discretionlevisteappeal

Bail After Conviction: Discretion vs. Right in Philippine Law

Explaining Leviste v. CA: bail after conviction is discretionary, not automatic, even without bail-negating circumstances under Rule 114.

Mar 17, 2010criminal-lawguilty-pleareasonable-doubtjurisdictionrapesupreme-court

Understanding Reasonable Doubt and Guilty Pleas in Philippine Criminal Cases

Philippine Supreme Court ruling on guilty pleas, territorial jurisdiction, and conviction based on evidence rather than plea alone.

Mar 17, 2010judicial appointmentselection banchief justicejudicial and bar councilconstitutional lawmidnight appointments

Judicial Appointments and the Election Ban: De Castro v. Judicial and Bar Council

The Supreme Court rules on whether the President may appoint the Chief Justice during the election ban on midnight appointments.

Mar 15, 2010labor lawillegal dismissalseparation payfinancial assistanceserious misconducttermination

Dishonesty in the Workplace: No Financial Assistance for Terminated Employees

The Supreme Court rules that employees dismissed for theft or dishonesty are not entitled to separation pay or financial assistance.

Mar 15, 2010right of first refusallease agreementscontract lawproperty lawoption to purchasephilippine supreme court

Right of First Refusal in Lease Agreements: What Lessees Should Know

Philippine Supreme Court ruling clarifies that right of first refusal in lease contracts survives expiration and binds the lessor to offer the property first.

Mar 15, 2010criminal-lawcustodial-investigationmiranda-rightsevidencerapebarangay

Confessions to Barangay Peacekeepers Without Counsel Are Inadmissible Evidence

The Supreme Court rules that uncounselled confessions to bantay bayan members are inadmissible in evidence, but a rape conviction can still stand on other proof.

Mar 15, 2010freedom of speechmtrcbtelevision regulationchild protectionprior restraintconstitutional law

Free Speech vs Child Protection: MTRCB's Power to Suspend TV Programs

Explaining the Supreme Court ruling that allowed MTRCB to suspend a TV program for violating its G-rating with vulgar language, balancing free speech and child protection.

Mar 15, 2010civil-lawjurisdictionestoppelaccion-publicianaproperty-disputesrule-45

Jurisdictional Estoppel When Participation Waives Objections in Property Disputes

Philippine Supreme Court ruling on how active participation in trial can bar a party from later questioning the court's jurisdiction in property cases.

Mar 15, 2010tax refundcreditable withholding taxburden of proofincome tax returnbirsupreme court

Tax Refund Requisites: Proving Income Inclusion in Tax Returns

The Supreme Court clarifies the strict requisites for tax refund claims, emphasizing the taxpayer's burden to prove income was declared in the return.

Mar 15, 2010torrens-titleland-registrationinnocent-purchaserproperty-lawcivil-lawsupreme-court

Superior Registered Title Prevails Protecting Prior Land Rights Despite Subsequent Sales

Philippine Supreme Court ruling on when an earlier registered title beats later buyers, even innocent purchasers for value.

Mar 15, 2010maritime-lawseafarersdisability-benefitspoea-contractmandatory-reportingsupreme-court

Seafarers Disability Claim Denied Strict Compliance With Reporting Rules

Philippine Supreme Court denies seafarer's disability claim for failing the mandatory three-day post-employment medical examination rule under the POEA contract.