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显示第 3217–3240 篇,共 24,652 篇文章

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Oct 2, 2019criminal-lawdangerous-drugschain-of-custodybuy-bustsection-21acquittal

Chain of Custody Lapses Overturn Drug Conviction: People v. Roales

Supreme Court acquits drug offender due to unjustified lapses in Section 21 chain of custody procedure, stressing strict compliance.

Oct 2, 2019criminal lawdangerous drugschain of custodyra 9165buy-bust operationacquittal

Chain of Custody in Drug Cases: Why Strict Compliance with Section 21 Matters

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

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, 2019criminal-lawrapeconsentforce-or-intimidationrevised-penal-codesupreme-court

Consent Is Key: Why Force, Threat, or Intimidation Matters in Rape Cases

The Supreme Court acquits a rape accused after the prosecution fails to prove force or intimidation, underscoring that consent—or its absence—is the crux of every rape charge.

Oct 2, 2019civil procedurejurisdictionassessed valuereal propertyreconveyancebp 129

Assessed Value vs Market Value: Jurisdictional Thresholds in Property Disputes

Philippine courts determine jurisdiction over property disputes by assessed value, not market value. Learn the rule from Gabrillo v. Heirs of Pastor.

Oct 1, 2019murderrevised penal codequalifying circumstancesmotor vehiclepeople v padalcriminal law

When a Motorcycle Ride Makes a Killing Murder: People v. Padal Explained

A Supreme Court ruling shows how using a motorcycle to chase a victim can elevate a killing from homicide to murder under Philippine law.

Oct 1, 2019chain of custodydangerous drugsra 9165buy-bust operationcriminal lawacquittal

Chain of Custody Rule in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect after police broke the chain of custody rule. Learn the procedural safeguards under RA 9165.

Sep 30, 2019legal ethicsdisbarmentgross immoralitycode of professional responsibilityfamily lawsupreme court

Disbarment for Adultery and Abandonment: Moral Standards for Philippine Lawyers

The Supreme Court disbarred a lawyer for adultery and abandoning his family, reaffirming that private misconduct reflects on fitness to practice law.

Sep 25, 2019criminal lawchain of custodydangerous drugsra 9165acquittalevidence

Chain of Custody Breach Acquits Drug Transport Accused: Musa v. People

The Supreme Court acquits three accused in a drug case due to a broken chain of custody and unproven transport, reinforcing strict rules.

Sep 25, 2019maritime lawseafarer disabilitypoea-secpermanent total disabilitylabor codeoverseas employment

Seafarer Disability Claims: Clarifying the 120/240-Day Rule for Disability Benefits

The Supreme Court clarifies when a seafarer's disability becomes permanent and total under the 120/240-day rule in Jebsens Maritime v. Pasamba.

Sep 25, 2019property lawante-nuptial agreementfamily codeseparation of propertyimplied trustsupreme court

Ante-Nuptial Agreements: Waiving Rights to Property Acquired During Marriage

Philippine Supreme Court clarifies how ante-nuptial agreements with complete separation of property can waive claims over properties acquired during marriage.

Sep 25, 2019civil-proceduremotion-for-reconsiderationexecutiondue-processland-disputesrules-of-court

Motion for Reconsideration Stays Execution: Due Process in Land Disputes

A pending motion for reconsideration stays execution of judgment. The Supreme Court explains why a writ of execution cannot bind non-parties.

Sep 25, 2019criminal lawdangerous drugsra 9165chain of custodyreasonable doubt

Reasonable Doubt When Evidence Fails to Prove Illegal Drug Transport

The Supreme Court acquits three accused of transporting shabu where prosecution failed to prove they were on board the vehicle and broke the chain of custody.

Sep 25, 2019mootnesselection contestassociation governancecivil procedurejurisprudencesec

The Doctrine of Mootness: Resolving Association Election Disputes Beyond Expired Terms

Philippine Supreme Court clarifies when election contests become moot after officers' terms expire, and the exceptions to the mootness doctrine.

Sep 25, 2019criminal lawrapera 7610child abuseconsentsexual abuse

Consent and Coercion: Rape and Sexual Abuse Nuances in Philippine Law

The Supreme Court clarifies the line between rape and sexual abuse, acquitting on rape but convicting on child abuse.

Sep 25, 2019criminal lawrapevictim testimonyrevised penal codesupreme courtdamages

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

The Supreme Court explains how a victim's credible testimony can prove rape, even without physical injuries or eyewitnesses.

Sep 25, 2019malversationpublic fundsrevised penal codesandiganbayanpcsoaccountable officer

Breach of Public Trust: Accountability for Malversed Funds in the Philippines

When public funds go missing, Philippine law presumes the accountable officer misappropriated them. Learn how courts apply this rule.

Sep 25, 2019certioraridefault judgmentgrave abuse of discretioncivil procedurerule 65philippine law

Certiorari as a Remedy Against Default Judgments for Grave Abuse of Discretion

When can a party use certiorari instead of appeal to challenge a default judgment? The Supreme Court clarifies the rule.

Sep 24, 2019ante-nuptial agreementproperty lawprenuptial agreementseparation of propertysupreme court ruling

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.

Sep 23, 2019obscenity lawfree speechfreedom of expressionmadrilejos v. gatdulaconstitutional lawmanila ordinance 7780

Obscenity Laws vs. Free Speech: The Madrilejos Ruling on Manila Ordinance 7780

The Supreme Court’s Madrilejos ruling clarifies how Philippine obscenity laws must balance regulation with constitutionally protected free expression.

Sep 23, 2019civil-procedurefailure-to-prosecutedismissalrules-of-courtsupreme-court

Dismissal for Failure to Prosecute: Balancing Litigant Diligence and Court Responsibility

The Supreme Court clarifies when dismissal for failure to prosecute is proper, emphasizing courts should decide cases on their merits.

Sep 18, 2019criminal lawdangerous drugsbuy-bust operationchain of custodysection 21 ra 9165acquittal

When Buy-Bust Operations Fail the Chain of Custody: Acquittal in People v. Moreno

The Supreme Court acquits a drug suspect because police failed to secure required witnesses under Section 21, RA 9165.

Sep 18, 2019civil lawarticle 448encroachmentgood faithland disputesproperty law

Encroachment and Good Faith: Resolving Land Disputes Under Article 448 of the Civil Code

Understand how the Supreme Court handles land disputes involving good faith builders, encroachment, and Article 448 of the Civil Code.

Sep 18, 2019civil-lawrule-108indispensable-partiesannulment-of-judgmentcitizenship-correctioncivil-registry

Indispensable Parties in Annulment of Judgment for Failure to Implead Co-Owners

A petition to correct citizenship entries in a birth certificate must implead all interested parties, or the judgment may be annulled.