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显示第 1393–1416 篇,共 24,626 篇文章

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Feb 14, 2022constructive dismissallabor lawseafarerresignationpoea standard contract

Constructive Dismissal: Defining Unbearable Working Conditions in Philippine Labor Law

When does a difficult work environment become constructive dismissal? The Supreme Court clarifies the test in a seafarer's resignation case.

Feb 14, 2022water codeforeshore landproperty lawcriminal lawpd 1067environment

Foreshore Occupancy Without Permit: Water Code Violation Upheld

The Supreme Court affirms that occupying foreshore land without a permit violates the Water Code, regardless of pending applications.

Feb 14, 2022administrative lawdue processlicense revocationdishonestysimple negligencecivil service

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Feb 14, 2022collective bargaining agreementlabor lawmanagement prerogativenon-diminution of benefitsservice awardvoluntary arbitration

CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement

Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.

Feb 14, 2022maritime lawseafarer rightsdisability benefitspoea-seclabor law

Upholding Seafarer Rights: Employers Must Issue Clear Disability Assessment

Supreme Court rules a company doctor's vague medical report cannot defeat a seafarer's claim for total and permanent disability benefits.

Feb 14, 2022administrative lawombudsmansimple neglectpublic officerscondonation doctrine

Simple Negligence vs Dishonesty: Upholding Public Trust in Government Service

A look at how the Supreme Court treats simple neglect of duty versus dishonesty, and why Ombudsman decisions in administrative cases must be executed promptly.

Feb 14, 2022maritime-lawconstructive-dismissalseafarer-rightspoea-standard-contractvoluntary-resignationlabor-law

Voluntary Resignation vs Constructive Dismissal: Seafarer Contract Obligations

When a seafarer's resignation is voluntary, not constructive dismissal, and why lawful orders under the POEA Standard Contract matter.

Feb 13, 2022treacherymurderhomiciderevised penal codecriminal lawsupreme court

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

Feb 13, 2022election lawhighly urbanized citiesplebiscitelocal government codedel rosario v. comelecvoter eligibility

HUC Voters and Provincial Plebiscites: The Del Rosario Ruling Explained

Can residents of a highly urbanized city vote in a provincial plebiscite? The Supreme Court says no—here's why.

Jan 31, 2022labor-lawjudicial ethicsadministrative casestemporary restraining ordergross ignorance of the lawjudicial immunity

When Judges Are Sued for Judicial Acts: Lessons from Tallado v. Racoma

The Supreme Court dismisses an administrative complaint against two RTC judges, ruling that judicial errors must be questioned through appeals, not disciplinary cases.

Jan 24, 2022criminal-law

Understanding THE Legal Nuances OF Date Variance IN Trafficking Cases A Comprehensive Guide

Jan 17, 2022criminal-lawra-9262vawccybercrimepsychological-abusesocial-media

Online Psychological Abuse Under RA 9262: Higher Penalties When Committed Through Social Media

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262, and why using Facebook raises the penalty by one degree.

Jan 5, 2022labor lawlabor-only contractingcontractoremployer-employee relationshipdolelabor code

Contractor or Employer: Defining the Boundaries of Labor-Only Contracting in the Philippines

The Supreme Court clarifies when a contractor is a legitimate job contractor rather than a labor-only contractor, and who is the true employer.

Jan 5, 2022notarized deedspresumption of regularityquieting of titleproperty disputespublic documentssupreme court

Upholding Notarized Deeds: The Strength of Public Documents in Philippine Property Disputes

Notarized deeds enjoy the presumption of regularity in Philippine property disputes. Learn how the Supreme Court applied this rule in a quieting of title case.

Jan 5, 2022criminal-lawfencinganti-fencing-lawstolen-goodspossessionsupreme-court

Fencing Cases: When Possession of Stolen Goods Proves Knowledge and Intent

Philippine Supreme Court clarifies how possession of stolen vehicle parts can establish knowledge and intent to gain in fencing cases under PD 1612.

Jan 5, 2022notarized documentspresumption of regularityquieting of titleland disputescivil lawsupreme court

The Presumption of Regularity of Notarized Documents in Philippine Land Disputes

How a notarized deed of sale's presumption of regularity shapes quieting of title cases, explained through a 2022 Supreme Court ruling.

Jan 5, 2022broker's commissioncontract lawcorporate liabilityreal estatecivil law

Brokers' Commissions Survive Property Buy-Backs: Lessons from Malate Construction v. ERABCO

Philippine Supreme Court rules brokers earn commissions once sale conditions are met, even if buyers later default and properties are bought back.

Jan 4, 2022reckless imprudencecriminal lawdamage to propertyphysical injuriesarticle 365revised penal code

Reckless Imprudence Penalties for Damage to Property and Physical Injuries

Explaining how Philippine courts penalize reckless imprudence resulting in damage to property and physical injuries, based on a 2022 Supreme Court ruling.

Jan 4, 2022administrative lawcourt personneljudicial fundsgross misconductsimple neglect of dutypublic accountability

Safeguarding Public Trust: Court Personnel and the Duty to Manage Judicial Funds

A Supreme Court ruling holds a cash clerk liable for misappropriating court funds and reminds clerks of court of their supervisory duties.

Jan 4, 2022legal-ethicscourt-fundsadministrative-liabilityfinancial-managementclient-servicepublic-trust

Lawyer Accountability: Why Financial Management and Client Service Matter in Court

A Supreme Court ruling on misappropriated court funds shows why lawyers and court personnel must uphold strict financial management and client service standards.

Jan 4, 2022legal ethicsfiduciary dutyattorney disciplinecode of professional responsibilityreal propertyconflict of interest

Attorney Suspended for Selling Client-Owned Property and Misrepresenting Ownership

Lawyer suspended three years for selling land he didn't own to a foreign buyer, violating fiduciary duties and legal ethics rules.

Jan 4, 2022legal ethicsdisbarmentproperty lawlawyer misconductcode of professional responsibilityclient funds

Lawyer Disbarred for Misconduct in Property Transactions: Lessons from BASECO Case

Supreme Court disbars lawyer for failing to account for client funds and neglecting property titling work, highlighting ethical duties in Philippine property law practice.

Dec 7, 2021corporate lawcorporation codefiduciary dutycorporate opportunitydirectors liability

Corporate Opportunity Doctrine: Directors Cannot Take Business Deals for Themselves

Supreme Court clarifies when corporate directors breach their duty of loyalty by taking business opportunities meant for the corporation.

Dec 7, 2021real-party-in-interestcontract-nullificationlegal-standingphilippine-lawcivil-proceduresupreme-court

Real Party in Interest: Who Can Sue to Nullify a Contract in the Philippines

Learn who has legal standing to file a case to nullify a contract in the Philippines, based on Supreme Court rulings on real party in interest.