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显示第 1465–1488 篇,共 24,627 篇文章

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Nov 24, 2021labor-lawconstructive-dismissalmanagement-prerogativeemployee-transferillegal-dismissalsupreme-court

Management Prerogative vs Constructive Dismissal: When a Transfer Becomes Illegal

The Supreme Court clarifies when an employee transfer exceeds management prerogative and becomes constructive dismissal, requiring employers to prove genuine business necessity.

Nov 24, 2021breach of promise to marrycivil lawdamagesgood faithhuman relationsphilippine supreme court

Breach of Promise to Marry: Good Faith as a Prerequisite for Damages

Philippine Supreme Court rules that a party acting in bad faith cannot recover damages for breach of promise to marry.

Nov 23, 2021sangguniang kabataansk reform actlocal governmentdisciplinary actionsupreme court

SK Official Removal: Who Has the Power to Oust Youth Leaders

The Supreme Court clarifies which bodies can remove SK Federation Presidents and SK Chairpersons, and the due process required.

Nov 23, 2021foreign divorcefamily coderules of courtevidencecivil law

Proving Foreign Law in Philippine Courts: Divorce Recognition After Rivera v. Woo Namsun

The Supreme Court clarifies what evidence is needed to prove a foreign divorce decree and foreign law in Philippine courts.

Nov 23, 2021judicial clemencyadministrative liabilityrestitutioncourt personnelcompassionate justicegross neglect of duty

Judicial Clemency Denied But Restitution Waived After Court Employee's Death

Supreme Court denies judicial clemency to guilty court clerk but waives unpaid restitution after death, applying compassionate justice.

Nov 23, 2021criminal-lawstatutory-rapeimbecility-defenserevised-penal-codesupreme-court

Intellectual Disability as a Defense: The Limits of Exemption from Criminal Liability in Statutory Rape Cases

The Supreme Court clarifies when intellectual disability or imbecility exempts an accused from criminal liability, and why it did not apply in this statutory rape conviction.

Nov 23, 2021psychologyprofessional regulationadministrative lawequal protectionpolice powersupreme court

Regulating Psychologists: When Professional Standards Meet Constitutional Rights

The Supreme Court upholds the 100-hour training requirement for psychologists seeking registration without examination under RA 10029.

Nov 23, 2021government contractscommission on auditlegal retainerdue processadministrative lawdisallowance

Government Contracts: Due Process in Hiring Legal Retainers and COA Disallowances

SC ruling on PhilRice legal retainer case clarifies due process, concurrence requirements, and liability for disallowed government contract payments.

Nov 23, 2021administrative-law

Compassionate Justice VS Accountability When CAN Courts Waive Restitution

Nov 22, 2021reversion proceedingsland titlescadastral proceedingspublic domainproperty law

When Can the State Reclaim Private Land? The Rule on Reversion Proceedings

The Supreme Court clarifies the heavy burden the State must overcome to revert titled private land to public domain.

Nov 22, 2021self-defenseunlawful aggressionmurdercriminal lawrevised penal codesupreme court

Self-Defense or Murder: Proving Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in Philippine criminal law, using a 2021 murder case to illustrate the burden of proving unlawful aggression.

Nov 22, 2021self-defenseunlawful aggressiontreacherymurderrevised penal code

Self-Defense and Treachery in Philippine Law: Proving Unlawful Aggression for Justification

The Supreme Court clarifies when self-defense fails and treachery qualifies killing as murder under Philippine criminal law.

Nov 18, 2021administrative lawdue processneaelectric cooperativessubstantial evidenceremoval from office

Protecting Due Process in Administrative Rulings: The Need for Clear Factual and Legal Bases

The Supreme Court nullified an administrative ruling against an electric cooperative GM for lacking clear factual and legal bases, reaffirming due process.

Nov 18, 2021food and drug administrationadministrative lawsearch and seizurepolice powerpublic healthregulatory law

Protecting Public Health: FDA's Power to Seize Hazardous Products Without a Warrant

The Supreme Court upholds FDA's warrantless seizure power over hazardous health products as a valid exercise of police power.

Nov 18, 2021customs lawcourt of tax appealsforum shoppingbureau of customsimportationseizure

Customs Jurisdiction and Forum Shopping in Importation Disputes

Supreme Court clarifies CTA jurisdiction over customs seizure cases and when forum shopping does not apply in importation disputes.

Nov 18, 2021corporate veilexecution of judgmentsuccessor liabilitypierce the corporate veilcivil procedure

Corporate Veil and Judgment Execution: Can a Successor Corporation Be Held Liable?

When a judgment debtor's assets pass to another corporation, can the winner enforce the judgment against the successor? The Supreme Court explains.

Nov 17, 2021psychological incapacityarticle 36family codedeclaration of nullitymarriagefamily law

Beyond Disagreement: Defining Psychological Incapacity in Marital Nullity

The Supreme Court clarifies psychological incapacity under Article 36, affirming that a spouse need not be personally examined by a psychiatrist for a marriage to be declared void.

Nov 17, 2021compromise agreementretirementpublic serviceres judicataratasupreme court

Compromise Agreements and Voluntary Retirement in Philippine Public Service

The Supreme Court ruled that compromise agreements are binding even after final judgments, and voluntary retirement in public service requires clear consent.

Nov 17, 2021maritime lawseafarer disabilitypoea-secwork-related illnesshypertensiondiabetes

Diabetes and Hypertension: Proving Work Relatedness in Seafarer Disability Claims

Learn how the Supreme Court treats diabetes and hypertension claims for seafarer disability benefits under the POEA-SEC.

Nov 17, 2021labor-lawcertification-electionbystander-ruleemployer-rightscollective-bargainingsupreme-court

Employer as Bystander in Certification Elections: Lessons from Coca-Cola FEMSA

Supreme Court affirms the bystander rule, barring employers from opposing certification elections and clarifying reorganization's effect on bargaining units.

Nov 17, 2021psychological incapacityarticle 36family codemarriage nullitysupreme courtfamily law

Psychological Incapacity: No Personal Exam Needed for Marriage Nullity

Supreme Court clarifies that lack of personal examination by a psychiatrist does not invalidate a finding of psychological incapacity under Article 36.

Nov 17, 2021anti-graftpublic purposelocal governmentra 3019credit agreementpublic funds

Public Purpose in Government Loans to Private Entities: The Bawasanta Case

When can local governments lend public funds to private entities? The Supreme Court clarifies the public purpose rule in Bawasanta v. People.

Nov 17, 2021anti-graftpublic serviceethicsadministrative lawra 6713ombudsman

Solicitation and Acceptance of Gifts: Upholding Ethical Conduct in Public Service

Supreme Court reinstates dismissal of DENR officials for soliciting money under R.A. 6713, reaffirming strict ethical standards for public servants.

Nov 17, 2021double titlingproperty rightsland titlesphilippine lawtorrens systemtitle disputes

Double Titling in the Philippines: How to Protect Your Property Rights

Learn how Philippine courts handle double titling disputes and what property owners can do to protect their rights and avoid legal conflicts.