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显示第 17377–17400 篇,共 24,858 篇文章

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Jul 8, 2004labor-lawemployer-employee relationshipindependent contractorlabor-only contractingsecurity of tenurecontrol test

Control Test vs Independent Contractor: Manila Water Ruling on Labor-Only Contracting

Supreme Court explains when a contractor is labor-only, not independent, and when workers become regular employees under Philippine labor law.

Jul 8, 2004legal-ethics

Judicial Discretion VS Undue Delay Striking THE Balance IN Philippine Courts

Jul 8, 2004labor-lawwage-withholdingemployee-benefitssuretylegal-compensationsupreme-court

Can Employers Withhold Wages for Loan Guarantees or Training Bonds? SC Says No

Philippine Supreme Court rules employers cannot withhold wages or benefits as lien for car loan guarantees or training expenses. Learn the limits.

Jul 8, 2004criminal-lawevidenceconfessionshomicidesupreme-courtphilippines

Silence Isnt Always Golden: Admissibility of Confessions in Philippine Homicide Cases

Philippine Supreme Court ruling on extrajudicial admissions, hearsay, and circumstantial evidence in homicide prosecutions.

Jul 8, 2004corporate lawcorporation codeboard resolutionlegal capacitysecurities and exchange commissioncivil procedure

Corporate Authority: When a President Cannot Sue on Behalf of the Corporation

The Supreme Court rules that a corporate president must prove valid board authority to sue; belated SEC filings cannot cure defective authorization.

Jul 7, 2004criminal lawrapedeath penaltyminorityincestevidence

Incestuous Rape: Proving Minority and Relationship for the Proper Penalty

A stepfather's rape conviction reduced from death to reclusion perpetua because minority and relationship were not alleged and proved.

Jul 7, 2004civil-law

Sheriffs Duty Upholding Execution OF Court Orders AND Presumption OF Regularity

Jul 7, 2004criminal-lawrapequalified-rapeintimidationdeadly-weaponsupreme-court

Rape and the Shadow of a Bolo: Establishing Intimidation as Qualified Rape

The Supreme Court explains when a bolo turns rape into a qualified offense, and why the death penalty was reduced to reclusion perpetua.

Jul 7, 2004criminal-lawrapechild-witnessevidencedeath-penaltysupreme-court

Child Witness Testimony and Statutory Rape: Competency in Philippine Courts

How Philippine courts assess a minor rape victim's testimony, and why proper plea inquiry and qualifying circumstances matter in capital cases.

Jul 7, 2004qualified rapecriminal lawdeath penaltyraperevised penal codeevidence

Age and Relationship as Essential Proofs for Qualified Rape Conviction in the Philippines

The Supreme Court explains why minority and relationship must be both alleged and proven before the death penalty for qualified rape can be imposed.

Jul 7, 2004labor lawconstructive dismissalmanagerial prerogativeemployee transfersecurity of tenure

Transfer of Employees Is a Valid Managerial Prerogative Unless Done in Bad Faith

The Supreme Court explains when an employee transfer amounts to constructive dismissal and when it is a valid exercise of management prerogative.

Jul 7, 2004criminal-lawrape-with-homicidedeath-penaltyguilty-pleaextrajudicial-confessionsupreme-court

Confessions and the Death Penalty: Ensuring Voluntariness in Rape-Homicide Cases

The Supreme Court affirms a death sentence for rape-homicide, explaining the required "searching inquiry" into guilty pleas and the weight of voluntary confessions.

Jul 7, 2004malversationcourt clerkadministrative casegross dishonestyjudiciary fundsbreach of trust

Breach of Trust Dismissal for Malversation of Public Funds by a Court Clerk

Court clerk dismissed for misappropriating judiciary funds; silence deemed admission; dishonesty and malversation warrant dismissal.

Jul 7, 2004administrative caseclerk of courtmisappropriationpublic fundsgross dishonestyjudiciary

Public Trust Betrayed: Dismissal for Misappropriation of Judiciary Funds

Clerk of court dismissed for misappropriating judiciary funds; silence deemed admission of guilt in administrative cases.

Jul 7, 2004administrative lawcourt of appealsgrave abuse of discretionsocial securityappellate procedure

When a "Duplicate Original" Becomes a Technicality: Velasco v. Court of Appeals

The Supreme Court clarifies when a "duplicate original" copy satisfies appeal requirements, and when dismissal for technicality becomes grave abuse of discretion.

Jul 7, 2004rapeconsentcriminal lawhomiciderevised penal codesupreme court

Rape and Consent: Examining the Boundaries of Sexual Assault in the Philippines

The Supreme Court affirms a rape-with-homicide conviction, clarifying how force and lack of consent are established in Philippine law.

Jul 7, 2004criminal lawrapeconsentguilty pleaphilippine jurisprudence

Silence Is Not Consent: Rape by Intimidation and the Limits of a Guilty Plea

A Philippine Supreme Court ruling explains why a victim's silence and fear do not equal consent, and why a guilty plea in a capital case needs more than a warning.

Jul 7, 2004labor-lawconstructive-dismissalmanagement-prerogativeemployee-transfersecurity-of-tenuresupreme-court

Employee Transfers Management Rights VS Constructive Dismissal Claims

When is a transfer a valid management prerogative and not constructive dismissal? The Supreme Court explains in Mendoza v. Rural Bank of Lucban.

Jul 7, 2004criminal-lawcross-examinationwaiver-of-rightsappealcertiorarisummary-judgment

Waiver of Rights: The Importance of Asserting Your Right to Cross-Examine Witnesses

Learn why failing to cross-examine witnesses and perfect an appeal on time can be fatal to your case, based on a Philippine Supreme Court ruling.

Jul 7, 2004criminal lawimmigration lawdeportationbureau of immigrationsupreme courtphilippine law

Serving Time Before Deportation: Criminal and Immigration Law Intersect

Philippine Supreme Court clarifies that convicted aliens must serve their prison sentence before deportation under the Immigration Act of 1940.

Jul 7, 2004property-lawleaselocal-governmentland-reclamationtolerance

When Can a City Reclaim Leased Land? Revoking Tolerance Explained

Learn when a city can reclaim leased land by revoking tolerance, based on Philippine property law principles.

Jul 7, 2004murdertreacheryabuse of superior strengthcriminal lawrevised penal codesupreme court

Fatal Stabbing Affirming Conviction Despite Questions of Superior Strength

Supreme Court affirms murder conviction for fatal stabbing, ruling treachery absorbed abuse of superior strength and rejecting alibi defenses.

Jul 7, 2004administrative-lawcommission-on-auditwater-districtcompensationgovernment-corporationsgood-faith

When Public Service Meets Financial Benefit: Balancing Compensation for Water District Board Members

The Supreme Court clarifies the limits on compensation for water district board members under PD 198, balancing strict rules with good faith.

Jul 7, 2004criminal-law

Doubt AND DUE Process Reassessing Convictions Based ON Inconsistent Testimony IN Rape Cases