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显示第 3193–3216 篇,共 24,652 篇文章

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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-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.

Oct 9, 2019state immunityconstruction disputesciacarbitrationgovernment contractsjurisdiction

State Immunity and Construction Disputes: PTRI v. E.A. Ramirez Construction

The Supreme Court clarifies when state agencies can be sued and why construction disputes must go to the CIAC.

Oct 9, 2019administrative lawombudsmaninjunctive reliefgrave misconductpublic office

Injunctive Relief Limits in Administrative Cases: The Ombudsman's Authority

The Supreme Court clarifies when courts may enjoin Ombudsman decisions in administrative cases, emphasizing limits on injunctive relief.

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 lawrape with homicidecircumstantial evidencealibirevised penal codesupreme court

Understanding Conspiracy and Homicide When Threats Turn Deadly

A Supreme Court ruling clarifies how circumstantial evidence can prove rape with homicide and why alibi often fails.

Oct 9, 2019regalian doctrinepublic landstate ownershipproperty lawland classificationsupreme court

Upholding State Ownership When Public Land Claims Collide With the Regalian Doctrine

The Supreme Court clarifies that public lands belong to the State unless proven alienable, applying the Regalian doctrine in a school site dispute.

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, 2019estafacriminal lawsaleagencyreal estaterevised penal code

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Oct 9, 2019real property taxgovernment instrumentalitylrtatax exemptionlocal governmentphilippine law

Navigating Tax Exemptions: The Legal Status of Government Instrumentalities in the Philippines

The Supreme Court clarifies when government instrumentalities like the LRTA are exempt from real property tax under the Local Government Code.

Oct 8, 2019commission-on-auditgovernment-employeesnotice-of-disallowancestate-universitiesspecial-trust-fundsadministrative-law

The High Cost of Good Intentions When Government Employee Incentives Violate the Law

When a state university granted bonuses without legal basis, the Supreme Court ordered full refunds. Learn the rules on government incentives.

Oct 8, 2019energy regulationercmeralcorate-settingpublic utilitiessupreme court

Least Cost Electricity Supreme Court Mandates Fair Valuation Of Utility Assets

Supreme Court rules ERC must ensure least cost electricity and fair valuation of utility assets in rate-setting cases.

Oct 8, 2019lump-sum appropriationsconstitutional lawbelgica rulingnational budgetphilippine government

Navigating Lump-Sum Appropriations: Insights from the Supreme Court's Belgica Ruling

The Supreme Court clarifies that not all lump-sum appropriations are unconstitutional, provided they comply with the rule on singular correspondence.

Oct 8, 2019legal ethicscode of professional responsibilityattorney suspensionclient fundslawyer negligence

Attorney Suspended for Neglect and Misappropriation of Client Funds in Annulment Case

Lawyer suspended two years for taking P57,000 in legal fees but failing to file annulment petition and refusing to return client's money.

Oct 8, 2019joint resolutionlegislative powersalary gradenursesphilippine nursing actconstitutional law

Joint Resolutions vs Laws: The Ang Nars Ruling on Salary Grades and Legislative Power

The Supreme Court clarifies that only bills can become laws, not joint resolutions, in a ruling on nurse salary grades.

Oct 7, 2019civil proceduresummonsdefault judgmentdue processrules of court

Default Judgments and Due Process: How Actual Receipt of Summons Cures Defective Service

Philippine Supreme Court ruling on how actual receipt of summons cures defective substituted service and the requirements for lifting default orders.

Oct 7, 2019forged signaturereconveyanceland titletorrens systemprescriptioncivil law

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.

Oct 7, 2019forged deedinnocent purchaserreconveyancetorrens titleland registrationprescription

Forged Deeds and the Innocent Purchaser: Protecting Land Ownership in the Philippines

The Supreme Court clarifies when a forged deed can transfer title and how owners can protect their land from fraud.

Oct 7, 2019civil-lawdonationsrevocationcontractssupreme-courtproperty

Donation Revocation: Balancing Donor Intent and Donee Compliance

Philippine Supreme Court clarifies when a donation's automatic revocation clause is valid and how courts review its enforcement.

Oct 2, 2019criminal-lawrapereasonable-doubtrevised-penal-codesupreme-courtevidence

Proof Beyond Reasonable Doubt: When a Rape Accusation Fails for Lack of Force or Intimidation

The Supreme Court acquits a rape convict, explaining why voluntary consent negates force, threat, or intimidation under Article 266-A.

Oct 2, 2019plea bargainingdangerous drugsra 9165criminal proceduresupreme court

Plea Bargaining in Drug Cases: Why a Framework Alone Does Not Reduce Your Sentence

The Supreme Court clarifies that the plea bargaining framework in drug cases requires an actual guilty plea to a lesser offense—not just a request for leniency.

Oct 2, 2019speedy dispositionpreliminary investigationcriminal procedureright to speedy trialqualified theftestafa

Prolonged Preliminary Investigation and Speedy Disposition: What the Supreme Court Said

A dismissed criminal case for failure to prosecute raises the question: when does delay violate the right to speedy disposition of cases?

Oct 2, 2019mootnessjurisdictionestoppel by lachescivil proceduresupreme court

Mootness Doctrine When Courts Decline TO Rule After Case Resolution

When courts decline to rule on jurisdiction and other issues raised late in litigation, and why estoppel by laches bars belated objections.

Oct 2, 2019criminal-lawdrug-casesthree-witness-rulesection-21-ra-9165chain-of-custodybuy-bust-operation

Safeguarding Rights Strict Adherence TO THE Three Witness Rule IN Drug Cases

The Supreme Court acquits an accused in a drug case for the police's failure to comply with the three-witness rule under Section 21 of RA 9165.