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显示第 11041–11064 篇,共 24,762 篇文章

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Feb 17, 2010election lawcomelecelection protestballot integrityjurisdictioncertiorari

COMELEC En Banc Acts Without Jurisdiction in Election Appeal: Eriguel v. COMELEC

Supreme Court nullifies COMELEC en banc ruling in mayoralty protest for lack of jurisdiction and failure to ensure ballot integrity.

Feb 17, 2010labor lawcbavacation leavesecurity guardsemployer discretionphilippine jurisprudence

Vacation Leave and Training Costs: Balancing Employer Discretion and Employee Rights

The Supreme Court ruled that employers may schedule vacation leave under a CBA, but cannot pass in-service training costs to security guards. Learn what this means.

Feb 17, 2010election lawcomelecelection protestballot integrityjurisdictionsupreme court

Electoral Integrity: COMELEC Division Authority and Ballot Preservation in Election Protests

A 2010 Supreme Court ruling on COMELEC division jurisdiction, ballot integrity, and the proper conduct of election protests.

Feb 16, 2010taxationinternational carriergross philippine billingsincome taxbirtax refund

Off-Line International Carriers Taxed at 32% on Philippine Income, SC Rules

SC clarifies off-line carriers selling tickets in PH pay 32% income tax, not 2.5% GPB rate; refund claim remanded.

Feb 16, 2010election-lawpolitical-partiesdue-processcomelecparty-expulsionatienza

Party Expulsions and Due Process: When Can a Political Party Remove Members

The Supreme Court clarifies that political party expulsions are internal matters, not subject to constitutional due process requirements.

Feb 16, 2010treacherymurderrevised penal codecriminal lawsupreme courtphilippines

Treachery in Criminal Law: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, raising homicide to murder under Philippine law.

Feb 16, 2010statutory rapechild victimscriminal lawrapesupreme courtrevised penal code

Protecting the Vulnerable: Upholding the Testimony of Child Victims in Statutory Rape Cases

The Supreme Court affirms a statutory rape conviction, detailing how courts assess child victim testimony and award damages.

Feb 16, 2010labor-lawquasi-delictemployer-liabilitydamagesloss-of-confidencecivil-code

Loss of Confidence and Employer Liability: Philippine Hawk v. Tan Lee

Philippine Hawk v. Tan Lee clarifies employer liability for employee negligence, loss of confidence, and damages in quasi-delict cases under Philippine law.

Feb 16, 2010administrative lawcourt fundsclerk of courtgross neglect of dutyjudiciary development fundfiduciary fund

Delayed Remittance of Court Funds: When a Clerk of Court Faces Administrative Liability

A clerk of court kept court funds for nearly a year. The Supreme Court explains why delay alone is gross neglect of duty.

Feb 16, 2010civil-law

Upholding Contractual Obligations Denying A Debtors Attempt TO Evade Payment

Feb 16, 2010ombudsmanadministrative lawinterventioncourt of appealsimpartialitycivil service

Ombudsman Cannot Intervene in Appeals of Its Own Decisions: Impartiality in Administrative Cases

The Supreme Court rules the Ombudsman cannot intervene in appeals of its own decisions, preserving impartiality in administrative cases.

Feb 16, 2010employer liabilityquasi-delictdue diligencenegligencecivil lawdamages

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Feb 16, 2010labor-lawquasi-delictemployer-liabilitynegligencedamagescivil-code

Employers' Liability for Employee Negligence: Diligence in Selection and Supervision

Philippine Hawk Corp. v. Lee explains when employers are liable for employee negligence and how to prove diligence in selection and supervision.

Feb 16, 2010bank secrecyqualified theftcriminal lawevidencera 1405supreme court

Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution

The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.

Feb 16, 2010constitutional-law

Enforced Disappearance Balancing Evidentiary Standards AND Government Accountability

Feb 16, 2010ombudsmanadministrative lawinterventionrule 43government officials

When the Ombudsman Cannot Intervene in Appeals of Its Own Decisions

The Supreme Court rules the Ombudsman cannot intervene in appeals of its decisions, preserving its role as impartial adjudicator.

Feb 16, 2010sheriffsexecution of judgmentsrule 39administrative casecourt procedurepublic accountability

Sheriffs Must Follow Rules in Executing Money Judgments

A sheriff's failure to remit collected judgment payments to the clerk of court led to a one-year suspension. Learn the proper procedure under Rule 39.

Feb 16, 2010taxationinternational air carriersincome taxgross philippine billingsresident foreign corporationbir

Philippine Taxation of International Air Carriers: Income Tax for Off-Line Operations

Off-line international air carriers selling tickets in the Philippines are subject to 32% income tax, not the 2.5% gross Philippine billings tax.

Feb 16, 2010forcible entryejectmentprior physical possessioncivil lawproperty lawpossession de facto

Prior Physical Possession Prevails in Forcible Entry Cases: Lagazo v. Soriano

Philippine Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases. Learn the rule from Lagazo v. Soriano.

Feb 15, 2010labor-lawillegal-dismissalloss-of-confidencemanagerial-employeeterminationtrust-and-confidence

Loss of Confidence as a Valid Ground for Dismissal: When Employers Can Terminate Trusted Employees

The Supreme Court clarifies when loss of confidence justifies dismissing managerial employees, requiring only some basis, not proof beyond reasonable doubt.

Feb 15, 2010quasi-delictnegligencevehicular accidentevidencecivil lawsupreme court

The Weight of Eyewitness Testimony: Evaluating Credibility in Vehicular Negligence Cases

How Philippine courts weigh eyewitness accounts and evidence in vehicular negligence cases, explained through a recent Supreme Court ruling.

Feb 12, 2010eminent domainjust compensationexpropriationproperty lawgovernment takingscity of iloilo

Eminent Domain and Just Compensation: Lessons from City of Iloilo v. Javellana

The Supreme Court clarifies when just compensation is reckoned in expropriation cases and penalizes the government for delayed payment.

Feb 12, 2010mortgagedue diligencereal estatefraudbankingproperty law

Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers

When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.

Feb 11, 2010criminal lawestafaarticle 332affinityrevised penal codesupreme court

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.