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显示第 2353–2376 篇,共 24,642 篇文章

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Nov 9, 2020lease renewalcontract interpretationextension of leasecivil lawpmosupreme court

Lease Renewal vs Extension: Supreme Court Clarifies the Critical Distinction

The Supreme Court clarifies the crucial difference between lease renewal and extension in a dispute over a government property lease.

Nov 9, 2020mining lawdenrmineral production sharing agreementadministrative lawphilippine mining actcancellation

Can the DENR Secretary Cancel a Mining Agreement Without MGB Recommendation? The Awayan Doctrine

The Supreme Court clarifies the DENR Secretary's independent authority to cancel mining agreements without prior MGB recommendation, resolving a key procedural question.

Nov 9, 2020redundancylabor lawterminationillegal dismissallabor codejurisprudence

Understanding Redundancy: When Can Employers Legally Terminate Employees in the Philippines

The Supreme Court clarifies the requisites for valid redundancy termination in the Philippines, emphasizing good faith and fair criteria.

Nov 8, 2020contract lawlease renewalcontract extensionsupreme courtphilippine law

Contract Renewal vs. Extension: Key Lessons from a Landmark Philippine Supreme Court Case

The Supreme Court clarifies the critical legal difference between renewing and extending a lease, and why precise contract language matters.

Nov 8, 2020family lawlegal ethicsdomestic violencedisbarmentcode of professional responsibility

Domestic Violence and Lawyer Discipline: Lessons from a Philippine Disbarment Case

A Supreme Court ruling shows why lawyers face discipline for domestic violence—even when criminal cases are dismissed.

Nov 4, 2020illegal dismissallabor lawdisease as ground for terminationoverseas employmentlabor code article 284

Illegal Dismissal Due to Health Issues: What Employers Must Prove in the Philippines

Philippine Supreme Court clarifies when an employee's illness justifies termination, requiring proof of incurability and a medical certification.

Nov 4, 2020statutory rapecriminal lawminorsrevised penal coderapephilippine law

Understanding Statutory Rape: Protecting Minors and Legal Implications

The Supreme Court clarifies statutory rape under -A(1)(d) of the Revised Penal Code, emphasizing that carnal knowledge of a child under 12 is always rape.

Nov 4, 2020forum shoppinglegal ethicscode of professional responsibilitylawyer disciplinesupreme court

Forum Shopping and Lawyer Ethics: Lessons from a 2020 Disbarment Case

A lawyer who filed two nearly identical administrative complaints against an opposing counsel was suspended for six months for forum shopping.

Nov 4, 2020writ of attachmentpreliminary attachmentfraudsuretyrule 57commercial law

Fraudulent Debt and Writs of Attachment: Protecting Your Assets in the Philippines

The Supreme Court explains when a writ of preliminary attachment may issue based on alleged fraud in contracting a debt, and what sureties should know.

Nov 4, 2020maritime lawseafarer disabilitypoea-secdisability benefitscompany-designated physicianlabor law

Seafarer Disability Rights: Consent, Compensation, and the 120/240-Day Rule in Maritime Law

A seafarer's right to consent to medical treatment and how it affects disability claims under Philippine maritime law.

Nov 4, 2020conspiracytreacherymurderrobberycriminal-lawrevised-penal-code

Understanding Conspiracy and Treachery in Philippine Murder and Robbery Cases

The Supreme Court explains how conspiracy and treachery work in murder and robbery cases, and what must be alleged in the Information.

Nov 4, 2020judicial-misconductcourt-disciplinereprimandwarningphilippine-courts

Understanding Judicial Misconduct: Reprimands and Warnings in Philippine Courts

Learn how Philippine courts discipline judges and court personnel through reprimands and warnings for judicial misconduct.

Nov 4, 2020tax lawletter of authoritybirtax assessmentprescriptiondouble taxation

Navigating Tax Assessments: The Validity of Letters of Authority in the Philippines

Learn when a BIR Letter of Authority becomes invalid, the 30-day and 120-day rules, and how the Supreme Court ruled in AFP General Insurance.

Nov 3, 2020criminal lawrapemoral ascendancysupreme courtqualified rapefamily law

Moral Ascendancy in Rape Cases: What the Supreme Court Ruling Means

A 2020 Supreme Court ruling clarifies how moral ascendancy can replace force or intimidation in rape cases involving relatives.

Nov 3, 2020simulated contractscivil codeproperty lawdeed of salesupreme court

Simulated Contracts in the Philippines: When a Deed of Sale Is Void

Philippine Supreme Court explains when a simulated deed of sale is void. Learn the rules on genuine intent in property transactions.

Nov 3, 2020criminal lawrapemoral ascendancyqualified rapejurisprudencesupreme court

Moral Ascendancy in Rape Cases: What People v. XXX Means for Philippine Law

The Supreme Court affirms that a relative's moral ascendancy can substitute for force or intimidation in proving qualified rape.

Nov 3, 2020criminal lawrapesweetheart defenseconsentsupreme courtrevised penal code

The Sweetheart Defense in Philippine Rape Cases: What the Supreme Court Teaches Us

The sweetheart defense cannot justify rape. Learn what the Supreme Court ruled and why consent matters in Philippine law.

Nov 3, 2020legal ethicsconflict of interestduty of loyaltysettlement negotiationscode of professional responsibilitydisbarment

Understanding Conflict of Interest: A Lawyer's Duty of Loyalty in Settlement Negotiations

When does a lawyer's settlement talk with the opposing party become a conflict of interest? The Supreme Court clarifies the limits of a lawyer's duty of loyalty.

Nov 3, 2020tax lawjurisdictioncourtstax disputesjudicial reviewphilippine law

Navigating Tax Law Conflicts: Understanding the Jurisdictional Limits of Courts in Tax Disputes

The Supreme Court clarifies the boundaries of judicial review in tax cases, emphasizing that courts cannot substitute their judgment for that of tax authorities.

Nov 3, 2020criminal-lawprescriptionspeedy-dispositionsandiganbayanombudsmangraft

Prescription and Speedy Disposition in Philippine Criminal Cases: Key Insights

A Philippine Supreme Court ruling clarifies when the prescriptive period for graft cases begins and what constitutes inordinate delay.

Nov 3, 2020criminal lawprescriptionspeedy dispositionombudsmangraftsandiganbayan

Administrative and Criminal Liability: Prescription and Speedy Disposition Lessons from Perez v. Sandiganbayan

The Supreme Court clarifies prescription and speedy disposition rules in graft cases, balancing public accountability with the accused's rights.

Nov 3, 2020civil servicesecurity of tenurelateral transfermandamusadministrative law

Lateral Transfers and Security of Tenure in Philippine Civil Service

When a government employee's lateral transfer appointment is disapproved, does the employee automatically revert to a former position? The Supreme Court clarifies.

Nov 3, 2020legal ethicsnotarial practicelawyer misconductcode of professional responsibilitysupreme court

Lawyer Misconduct: The Dangers of Assisting False Witnesses in Philippine Courts

A lawyer who notarizes documents without a commission and assists false witnesses faces suspension and perpetual disqualification from notarial practice.

Nov 3, 2020administrative lawgrave misconductgross neglect of dutyclerk of courtpublic serviceevidence custody

Administrative Liability in Philippine Public Service: Duty, Misconduct, and the Safekeeping of Court Evidence

The Supreme Court clarifies the line between simple and gross neglect of duty, and grave misconduct, in the dismissal of two court employees over missing drug evidence.