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显示第 12265–12288 篇,共 24,772 篇文章

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Jan 30, 2009labor-lawredundancyterminationemployer-employeerestructuringnlrc

Redundancy in Labor Law Justifying Employee Termination During Business Restructuring

Philippine Supreme Court clarifies when business restructuring justifies termination and how regular employment status is determined under the four-fold test.

Jan 30, 2009criminal-lawmalversationsandiganbayanappeal-venuerules-of-courtpublic-officers

Courts Must Ensure Proper Appeal Venue in Malversation Cases

Supreme Court rules trial courts must forward appeals to the correct forum, protecting accused persons' right to liberty in malversation cases.

Jan 30, 2009documentary stamp taxsavings accountcertificate of deposittaxationbirsupreme court

Documentary Stamp Tax: Passbooks for High-Interest Savings Accounts Are Taxable

The Supreme Court ruled that passbook-evidenced high-interest savings accounts are taxable certificates of deposit under the documentary stamp tax law.

Jan 30, 2009land titlesforged deedsattorney-client relationshipdisbarmentproperty salebuyer beware

Forged Deeds and Buyer Beware: Protecting Land Titles in the Philippines

A disbarment case reveals how forged deeds and unpaid balances can put Philippine land titles at risk, and why buyers must verify.

Jan 30, 2009legal ethicslawyer disciplineattorney negligencecode of professional responsibilitysuspension

Lawyer Suspended for Neglecting Client and Failing to Report Case Developments

Attorney suspended three months for mishandling a client's defense, failing to report developments, and neglecting to appeal an adverse decision.

Jan 30, 2009election-lawterm-limitslocal-government-codecomelecdisqualificationsupreme-court

Breaking the Chain: How Involuntary Interruptions Allow a Fourth Term Despite Term Limits

The Supreme Court explains when an involuntary break in service resets the three-term limit for local officials under Philippine law.

Jan 30, 2009labor-law

Burden OF Proof IN Illegal Dismissal Cases Employers Responsibility TO Substantiate Just Cause

Jan 30, 2009criminal-lawrapemoral-ascendancysweetheart-defensequalified-rapesupreme-court

Rape and Moral Ascendancy: When the Sweetheart Defense Fails

Philippine Supreme Court ruling on rape, moral ascendancy of a live-in partner, and the limits of the sweetheart defense.

Jan 30, 2009civil-law

Reasonable Attorneys Fees Protecting Clients From Unconscionable Contingency Agreements

Jan 30, 2009labor-lawconstructive-dismissalworkplace-harassmentillegal-dismissalbackwagesemployer-rights

Constructive Dismissal Defining Workplace Harassment AND Employer Rights

Learn when workplace harassment becomes constructive dismissal and how employers can defend termination decisions under Philippine law.

Jan 30, 2009administrative lawdue processombudsmanpublic officialsra 6713administrative liability

Due Process Rights of Public Officials When Administrative Charges Fail

A public official cannot be held liable for a vague charge never pleaded, nor for a document whose authenticity remains unresolved.

Jan 30, 2009labor-lawsubstituted-servicedue-processnlrcillegal-dismissalsupreme-court

Substituted Service in Labor Cases: Balancing Due Process and Efficient Resolution

The Supreme Court clarifies the rules on substituted service in labor cases, balancing due process rights with the need for efficient resolution.

Jan 30, 2009criminal-lawdrug-offensesra-9165buy-bust-operationpolice-testimonycredibility

Drug Sale Conviction Upheld: Minor Inconsistencies Do Not Undermine Police Testimony

The Supreme Court affirms drug sale and possession convictions, ruling that minor inconsistencies in police testimony do not impair credibility.

Jan 30, 2009labor-lawregular-employmentphilippine-supreme-courtdealco-farmscomboyssecurity-of-tenure

Defining Regular Employment: The Case of Dealco Farms and the Comboys

The Supreme Court clarifies the test for regular employment under Philippine labor law, emphasizing the employer's business nature and the employee's role.

Jan 30, 2009attorney-client privilegelegal ethicsdisbarmentcode of professional responsibilityintegrated bar of the philippinessupreme court

Attorney-Client Privilege: Examining the Boundaries of Confidentiality and Professional Duty

A disbarment case clarifies when attorney-client privilege exists and why courts defer to pending civil cases.

Jan 30, 2009legal ethicsdisbarmentattorney-client relationshipcode of professional responsibilityintegrated bar of the philippines

Attorney-Client Relationship and Disbarment: When Personal Transactions Do Not Trigger Professional Liability

Supreme Court clarifies that free legal advice incidental to personal dealings does not establish attorney-client relationship for disbarment purposes.

Jan 30, 2009civil lawmortgageforeclosuresubdivision buyerspd 957banking

Redemption Rights When A Sale Disguises A Loan Equity Prevails

When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.

Jan 30, 2009real property taxbot agreementtax exemptionnational power corporationlocal government code

Real Property Tax: Who Is the Actual User in a BOT Agreement?

Philippine Supreme Court ruling on real property tax exemption under a Build-Operate-Transfer agreement and who qualifies as actual user.

Jan 30, 2009pd-957mortgageforeclosuresubdivision-lot-buyersreal-estate-lawdue-diligence

Mortgagee's Duty to Verify Buyers Under PD 957: DBP v. Capulong

Philippine Supreme Court clarifies that banks financing real estate projects must verify subdivision lot buyers before foreclosing mortgaged properties under PD 957.

Jan 30, 2009civil-procedurefinality-of-judgmentdue-processsupreme-courtphilippine-law

Default Judgments and Due Process: The Imperative of Procedural Compliance in Philippine Courts

Philippine Supreme Court ruling on finality of judgments, procedural compliance, and the limits of post-judgment remedies in civil cases.

Jan 30, 2009criminal-law

Ombudsman's Discretion in Establishing Undue Injury in Anti-Graft Cases

Supreme Court explains when delay in resolving a complaint constitutes

Jan 30, 2009criminal-lawlibelprosecutionjurisdictionpreliminary-investigationprosecutor-authority

Who May File Libel Cases: City Prosecutor vs Provincial Prosecutor

Supreme Court rules on which prosecutor has authority to file libel Informations, and why a wrong prosecutor's filing is a fatal jurisdictional defect.

Jan 29, 2009judicial accountabilityadministrative lawnegligencejudgesupreme court

Judicial Accountability: Death Does Not Erase Negligence in Office

The Supreme Court clarifies that a judge's death does not automatically erase findings of negligence, though it may affect the penalty imposed.

Jan 29, 2009illegal recruitmentestafaoverseas workersra 8042labor lawcriminal law

Illegal Recruitment and Estafa: Supreme Court Upholds Protection for Overseas Workers

The Supreme Court affirms convictions for illegal recruitment in large scale and estafa, protecting overseas workers from fraudulent recruiters.