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显示第 3169–3192 篇,共 24,652 篇文章

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Oct 15, 2019firearmsright to privacysearch and seizurera 10591philippine national policeconstitutional law

Firearm Regulation in the Philippines: The Right to Privacy vs. Public Safety

The Supreme Court ruled that firearm ownership is a privilege, not a right, but struck down warrantless home inspections as unconstitutional.

Oct 15, 2019criminal-lawfirearms-regulationra-10591constitutional-lawright-to-privacypnp

Navigating Firearms Regulation in the Philippines: The Supreme Court's Ruling on RA 10591

The Supreme Court upheld most of RA 10591 but struck down the PNP's warrantless home inspection consent requirement for firearm license applicants.

Oct 15, 2019arbitrationconstruction lawciacdispute resolutioncivil codesupreme court

Upholding Arbitral Awards: The Limits of Court Review in Construction Disputes

Philippine Supreme Court clarifies when courts may modify CIAC arbitral awards, emphasizing finality of factual findings in construction disputes.

Oct 15, 2019constitutional-lawlocal-fiscal-autonomyamusement-taxoperative-fact-doctrinefilm-development-counciltaxation

Local Fiscal Autonomy vs National Film Development: The Operative Fact Doctrine in Tax Cases

The Supreme Court balances local fiscal autonomy and national film development in the FDCP amusement tax case, applying the operative fact doctrine.

Oct 15, 2019election lawelectoral protestpresidential electoral tribunalmarcos robredopetitionphilippine elections

Electoral Protests and the Limits of Challenging Election Results in the Philippines

The Supreme Court's ruling in Marcos v. Robredo clarifies the rules, burdens, and limits of contesting presidential and vice presidential election results.

Oct 14, 2019sheriffwrit of executionunlawful detainerevictionadministrative caserules of court

Sheriff's Duty in Eviction: Three-Day Notice Cannot Be Skipped

Philippine Supreme Court clarifies sheriffs must give three-day notice before enforcing eviction writs, even in immediately executory cases.

Oct 14, 2019criminal-lawchain-of-custodyillegal-drugsra-9165warrantless-arrestacquittal

Protecting Rights Illegal Drug Possession AND THE Chain OF Custody Rule

The Supreme Court acquits a drug possession accused because police failed to comply with Section 21's witness requirements, reinforcing the chain of custody rule.

Oct 14, 2019sheriffswrit of executionunlawful detainerrules of courtadministrative caseproperty rights

When Sheriffs Evict Too Fast: The Three-Day Notice Rule in Property Cases

A sheriff who enforced a writ of execution without the required three-day notice was fined P10,000 for grave abuse of authority.

Oct 14, 2019chain of custodydangerous drugsra 9165warrantless arrestcriminal procedure

Chain of Custody Rule in Drug Cases: Why Witnesses Must Be Present at Seizure

The Supreme Court acquits a drug suspect because police failed to secure the required witnesses during inventory, reinforcing the chain of custody rule.

Oct 14, 2019sheriffswrit of executionadministrative liabilitygrave abuse of authorityrules of courtunlawful detainer

Sheriffs Must Follow Procedure in Writ Execution or Face Administrative Liability

A sheriff's duty in executing a writ is ministerial but must strictly follow procedural rules, including notice periods, or face administrative sanctions.

Oct 14, 2019sheriffswrit of executionadministrative lawdue processunlawful detainerrules of court

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.

Oct 14, 2019administrative lawjudicial ethicsspeedy dispositionsupreme courtrtccase delay

Ensuring Swift Justice: The Importance of Timely Case Disposition in Philippine Courts

A Supreme Court ruling on a judge's undue delay in disposing a criminal case underscores why timely case disposition is vital to Philippine justice.

Oct 14, 2019sandiganbayanjurisdictionanti-graftra-3019criminal-procedureappeal

Jurisdictional Errors in Appeals: Barangay Officials and the Sandiganbayan

When appeals from RTC rulings on RA 3019 cases go to the wrong court, the Sandiganbayan holds exclusive appellate jurisdiction.

Oct 14, 2019execution of judgmentrule 39civil procedureunlawful detainersupreme court

Reviving Judgments When Delays Extend the Execution Period Under Philippine Law

Philippine Supreme Court clarifies when a final judgment can still be executed by motion beyond five years if the losing party caused the delay.

Oct 14, 2019civil-procedureexecutionsheriffunlawful-detainerdue-processadministrative-case

Reviving Judgments: The Supreme Court on Delayed Execution and Equity

A sheriff's hasty eviction without the required notice is grave abuse of authority, even when enforcing a final judgment.

Oct 14, 2019criminal-law

Safeguarding Rights Strict Adherence TO Chain OF Custody IN Drug Cases 8

Oct 13, 2019administrative lawgrave misconductsubstantial evidenceombudsmanreasonable doubtmilitary

Reasonable Doubt in Administrative Cases: Daquioag v. Ombudsman

In Daquioag v. Ombudsman, the Supreme Court reversed a grave misconduct finding, underscoring that substantial evidence—not mere suspicion—is required in administrative cases.

Oct 9, 2019criminal-lawstop-and-friskwarrantless-searchright-to-privacyillegal-drugssearch-and-seizure

Unreasonable Suspicion Safeguarding Privacy Rights In Stop And Frisk Searches

The Supreme Court acquits a drug suspect, ruling that a police officer's mere hunch cannot justify a stop and frisk search.

Oct 9, 2019criminal lawchain of custodydangerous drugsra 9165buy-bust operationsupreme court

Ensuring Justice: The Critical Role of Chain of Custody in Drug Cases

The Supreme Court affirms a drug conviction, clarifying that marking and inventory may be done at the police station, not necessarily at the arrest site.

Oct 9, 2019criminal-lawillegal-drugswarrantless-searchstop-and-friskchain-of-custodyconstitutional-rights

Broken Chains: Safeguarding Rights in Drug Cases Through Strict Evidence Handling

The Supreme Court acquits a drug suspect after finding the warrantless search invalid, reaffirming that a police officer's mere hunch cannot justify a stop and frisk.

Oct 9, 2019criminal-law

Broken Chain Safeguarding Rights IN Drug Cases Through Strict Evidence Procedures

Oct 9, 2019criminal-lawchain-of-custodyra-9165buy-bustdrug-offensesevidence

Upholding Chain of Custody in Drug Cases: Delayed Inventory Does Not Acquit

The Supreme Court clarifies that marking and inventory of seized drugs may be done at the police station, not the arrest site.

Oct 9, 2019criminal-lawchain-of-custodydangerous-drugsra-9165evidencebuy-bust

Chain of Custody in Drug Cases: Ensuring Integrity of Evidence for a Fair Trial

When must drug evidence be marked and inventoried? The Supreme Court clarifies the chain of custody rule in drug cases.

Oct 9, 2019criminal-lawpreliminary-investigationconstitutional-rightsdue-processcertioraritransnational-crime

Balancing Confrontation Rights and Due Process in Transnational Crime Investigations

Supreme Court clarifies when courts may interfere with preliminary investigations and how constitutional rights apply in fact-finding probes.