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显示第 1849–1872 篇,共 24,631 篇文章

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Jun 15, 2021collective negotiation agreementgovernment employeescommission on auditadministrative lawgood faithdisallowance

Navigating Collective Negotiation Agreement Incentives in Philippine Government Agencies

The Supreme Court clarifies when CNA incentives may be granted to managerial employees and who must refund disallowed amounts.

Jun 15, 2021coaaudit jurisdictiongovernment-owned corporationspagcorconstitutional law

Understanding the Limits of Government Audit Jurisdiction: Insights from the Pagcor Case

The Supreme Court clarifies the scope of COA audit jurisdiction over government-owned or controlled corporations and their subsidiaries.

Jun 15, 2021writ of kalikasanenvironmental lawsupreme courtrules of procedure for environmental casesbalanced ecologyagham

Protecting Environmental Rights: Understanding the Writ of Kalikasan in the Philippines

The Supreme Court clarifies when the writ of kalikasan may issue, requiring proof of environmental law violation and large-scale damage.

Jun 14, 2021criminal lawcertiorariacquittalcivil liabilitydemurrer to evidencerule 45

The Limits of Certiorari and the Finality of Acquittal in Philippine Law

A Supreme Court ruling clarifies when an acquittal can still carry civil liability, and the procedural consequences of filing a demurrer to evidence.

Jun 14, 2021property-registration-decreeindispensable-partydeed-of-restrictionsannulment-of-judgmentreal-estate-lawdue-process

Notifying Indispensable Parties in Property Restriction Cancellation Cases

Why courts void orders canceling property restrictions when indispensable parties like homeowners' associations are not notified and impleaded.

Jun 14, 2021criminal lawplea bargainingdangerous drugsra 9165prosecutorial consentsupreme court

Plea Bargaining in Drug Cases: Why Prosecutorial Consent Matters

The Supreme Court clarifies that plea bargaining in drug cases requires prosecutorial consent; courts cannot force a plea agreement over the prosecution's objection.

Jun 14, 2021maritime lawseafarer disabilitypoea-seclabor lawpermanent disabilitycompany-designated physician

Seafarer Disability Claims: When a Company Doctor's Assessment Is Not Enough

A Supreme Court ruling clarifies when a seafarer may claim total permanent disability benefits despite a company doctor's fit-to-work certification.

Jun 14, 2021child abusesexual exploitationra 7610lascivious conductcriminal lawjurisprudence

Understanding Child Abuse and Sexual Exploitation Laws in the Philippines: Protecting Our Youth

The Supreme Court clarifies the distinction between lascivious conduct and child abuse under R.A. 7610 in a teacher's conviction.

Jun 14, 2021seafarer rightsdisability benefitspoea-seclabor lawcompany-designated physicianpermanent disability

When a "Fit to Work" Report Isn't Enough: Seafarers' Disability Claims and the 120-Day Rule

A company-designated physician's assessment must be definite and timely. Learn how the Reyes ruling protects seafarers' disability claims.

Jun 14, 2021maritime-lawseafarer-disabilitypoea-secwork-related-injurytotal-permanent-disability

Seafarer Disability Benefits: When a Hotel Shower Injury Becomes Compensable

The Supreme Court clarifies when a seafarer's injury, even one occurring in a hotel before boarding, can be compensable as work-aggravated.

Jun 14, 2021maritime lawseafarer rightsdisability benefitspoea-seclabor lawpermanent disability

Seafarer Disability Benefits: When Lack of Medical Assessment Means Permanent Disability

Philippine Supreme Court rules that a company-designated physician's failure to issue a definite medical assessment within 120 days can entitle a seafarer to permanent disability benefits.

Jun 14, 2021criminal-lawrapevictim-testimonyrevised-penal-codecredibilityalibi

Understanding the Elements of Rape and the Power of Victim Testimony in Philippine Law

A 2021 Supreme Court ruling explains the elements of rape and why a credible victim's testimony can be enough to convict.

Jun 14, 2021seafarer rightsmanning agencypoea rulesmigrant workerssolidary liabilitylabor law

Seafarer Claims and Agency Transfers: What the Supreme Court Ruled

Learn how agency transfers affect seafarer liability claims, including the original manning agency's continuing responsibility under Philippine law.

Jun 14, 2021prejudicial questionres judicatacriminal procedurefalsificationcivil procedurerules of court

The Prejudicial Question Doctrine: When a Civil Case Outcome Bars Criminal Prosecution

Learn how the Supreme Court applied the prejudicial question doctrine to dismiss falsification charges after a civil case settled the core issue.

Jun 14, 2021speedy disposition of casesconstitutional rightscriminal proceduresandiganbayanombudsmanpreliminary investigation

Understanding the Right to Speedy Disposition of Cases: Key Insights from Philippine Jurisprudence

The Supreme Court clarifies when delays violate the constitutional right to speedy disposition of cases, using the Daep v. Sandiganbayan ruling as a guide.

Jun 14, 2021estoppellachesland disputesproperty lawphilippine supreme courtprescription

Understanding Estoppel by Laches in Philippine Land Disputes: A Landmark Ruling

Learn how estoppel by laches bars stale land claims in the Philippines, based on a landmark Supreme Court ruling.

Jun 14, 2021arbitrationalternative dispute resolutionjudicial reviewcontract lawphilippine supreme court

Arbitration Awards and Judicial Review: The Adapon Case on Enforceability in the Philippines

Philippine courts may only vacate arbitral awards on limited grounds. The Adapon case clarifies the scope of judicial review.

Jun 14, 2021extinctive-novationreal-estate-foreclosurecivil-codephilippine-lawsupreme-courtmortgage

Extinctive Novation: When a New Loan Cancels an Old Debt and Invalidates Foreclosure

Philippine Supreme Court ruling explains how extinctive novation cancels old debts and why foreclosing on extinguished obligations is premature and void.

Jun 14, 2021plea bargainingcriminal proceduredangerous drugsrule 116prosecutionsupreme court

Plea Bargaining in Drug Cases: Why Prosecutors' Consent Matters Under Rule 116

The Supreme Court voids a drug conviction where the trial court approved a plea bargain over the prosecution's objection, reaffirming Rule 116.

Jun 13, 2021homeowners associationhlurbappellate jurisdictionproperty lawintra-association dispute

HLURB Decisions in Homeowners’ Association Disputes: Appeal to the CA, Not the OP

A Supreme Court ruling clarifies that HLURB decisions on intra-association disputes must be appealed directly to the Court of Appeals, not the Office of the President.

Jun 13, 2021negligencesecurity agenciesdamnum absque injuriacivil lawsupreme court

Security Guard Negligence and Damnum Absque Injuria: Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling on security agency liability, negligence, and the principle of damnum absque injuria, explained for property owners and agencies.

Jun 13, 2021treacherymurderself-defensecriminal lawrevised penal codesupreme court

Treachery vs. Abuse of Superior Strength: Key Ruling in Philippine Murder Cases

The Supreme Court clarifies how treachery absorbs abuse of superior strength in murder cases, and why self-defense claims fail against positive identification.

Jun 13, 2021labor lawsocial securitysss contributionsemployer liabilitysscdamages

Employer Liability for Unremitted SSS Contributions: Key Lessons from the Supreme Court

The Supreme Court clarifies employer liability for unremitted SSS contributions, damages, and penalties under the Social Security Act.

Jun 13, 2021administrative lawdue processsupreme courtjudicial ethicsdeath of respondentoca

What Happens to an Administrative Case When the Respondent Dies? (Philippines)

Philippine Supreme Court rules on whether death of a respondent ends a pending administrative case, citing due process and heirs' protection.