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显示第 3481–3504 篇,共 24,660 篇文章

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Jul 16, 2019legal ethicsdisbarmentcode of professional responsibilitycandornotary publicprofessional misconduct

Disbarment for Breach of Candor: Misleading the Court and Professional Misconduct

A lawyer's flip-flopping statements and misleading pleadings led to disbarment. Learn the ethical rules on candor and professionalism.

Jul 15, 2019legal ethicsdisbarmentcode of professional responsibilitycandorsupreme court

Disbarment for Misleading the Court: Candor as a Lawyer's Highest Duty

The Supreme Court disbarred a lawyer for misleading the court and breaching candor, reaffirming that honesty is the foundation of legal practice.

Jul 15, 2019mootness doctrineinsurance lawcapitalization requirementsupreme courtadministrative law

When Laws Change Mid-Case: Mootness Doctrine and Insurance Capital Rules

How the Supreme Court applied the mootness doctrine when a new law superseded the challenged insurance capitalization orders.

Jul 10, 2019trust receipts lawcriminal proceduredemurrer to evidencecorporate officer liabilitypresidential decree 115grave abuse of discretion

Trust Receipts Law: Corporate Officers' Liability and Due Diligence in Criminal Demurrers

When a demurrer to evidence is granted in a trust receipts case, private complainants may still question the civil aspect via certiorari.

Jul 10, 2019criminal-lawrobbery-with-homicideconspiracydue-processrevised-penal-codesupreme-court

Conspiracy and Intent in Robbery with Homicide: Liability and Due Process

The Supreme Court clarifies conspiracy, intent to rob, and due process in robbery with homicide convictions.

Jul 10, 2019tax lawforest chargestax refundprescriptiondenrbir

Forest Charges and Tax Refunds: Jurisdiction and Prescription in Philippine Tax Law

A 2019 Supreme Court ruling clarifies that forest charges are internal revenue taxes, so refund claims must go to the CIR within two years.

Jul 10, 2019habeas corpusdue processright to counselcriminal procedurenegligence of counsel

Habeas Corpus and Due Process: When Counsel's Negligence Affects a Defendant's Rights

The Supreme Court explains when a lawyer's negligence can—and cannot—justify habeas corpus relief after a criminal conviction.

Jul 10, 2019criminal-law

Chain OF Custody Protecting Rights IN Drug Cases 4

Jul 10, 2019maritime-lawseafarer-disabilitypoea-standard-employment-contractthird-doctor-ruletotal-permanent-disability

Seafarers Disability When Delayed Assessment Trumps Third Doctor Rule

When the company-designated physician fails to issue a timely final assessment, the seafarer's disability is presumed total and permanent.

Jul 10, 2019criminal-lawrapesupreme-courtcredible-testimonymedical-evidencereclusion-perpetua

Supreme Court Affirms Rape Conviction of Uncle Despite Defense Claims of Inconsistent Testimony

Explore how the Supreme Court upheld a rape conviction, relying on the victim's credible testimony and medical evidence over the defense's claims of inconsistency.

Jul 10, 2019chain of custodydangerous drugsra 9165buy-bust operationcriminal procedureevidence

Chain of Custody Gaps Lead to Acquittal in Drug Case: Lessons for Prosecutors

The Supreme Court acquits a drug accused due to broken chain of custody, clarifying the strict rules under RA 9165.

Jul 10, 2019implied trustreconveyancecivil lawheirsproperty disputesupreme court

Implied Trust and Property Reconveyance: Ensuring Equitable Distribution Among Heirs

Philippine Supreme Court clarifies implied trust rules and property reconveyance among heirs in a family dispute over a Manila lot.

Jul 10, 2019seafarerdisability benefitspoea-secthird-doctor ruleadministrative-lawjurisprudence

Seafarer Disability Claims: When the Third-Doctor Rule Does Not Apply

The Supreme Court clarifies when the mandatory third-doctor referral rule in seafarer disability claims does not apply, protecting seafarers' rights.

Jul 10, 2019criminal-lawchain-of-custodydrug-casesra-9165buy-bust-operationevidence

Chain of Custody Lapses Lead to Acquittal in Drug Sale Case

Supreme Court acquits drug suspect after police failed to mark, inventory, and photograph seized marijuana, breaking the chain of custody.

Jul 10, 2019criminal-lawdrugschain-of-custodyreasonable-doubtsection-21ra-9165

Reasonable Doubt in Drug Cases: Strict Chain of Custody Protects Liberty

The Supreme Court acquits a drug accused due to broken chain of custody, reaffirming that strict compliance with Section 21 protects liberty.

Jul 10, 2019agrarian reformjust compensationland valuationdarcarpland bank

Just Compensation Under CARP: Courts Must Follow DAR Valuation Formulas

Courts must adhere to DAR valuation formulas in CARP land compensation cases unless they clearly explain reasons for deviation, as shown in this ruling.

Jul 10, 2019dangerous drugsra 9165conspiracycoddlerdrug manufacturingcriminal law

Coddler or Co-Conspirator: The Fine Line of Liability in Drug Manufacturing Conspiracies

Supreme Court clarifies when a police officer becomes a co-conspirator, not just a coddler, in drug manufacturing under RA 9165.

Jul 8, 2019criminal-lawwarrant-of-arrestprobable-causepreliminary-investigationdue-processsupreme-court

Warrant of Arrest: Judge's Discretion vs Executive Review in Philippine Criminal Procedure

Explaining the Supreme Court's ruling on the distinction between executive and judicial determination of probable cause in warrant issuance.

Jul 8, 2019probable causearrest warrantpreliminary investigationdue processcriminal procedure

Probable Cause vs Due Process: Independent Judicial Assessment in Arrest Warrant Issuance

The Supreme Court clarifies the distinction between executive and judicial probable cause in arrest warrant issuance, and the limits of due process in preliminary investigation.

Jul 8, 2019criminal lawdangerous drugschain of custodyreasonable doubtbuy-bust operation

Reasonable Doubt in Drug Cases: Why Strict Chain of Custody Matters

A PDEA buy-bust conviction was reversed because police failed to follow Section 21 chain of custody rules. Learn the safeguards that protect accused persons in drug cases.

Jul 8, 2019seafarer disabilitypoea-seclabor lawcollective bargaining agreementcompany-designated physiciandisability compensation

Seafarer Disability Claims: When the Company Doctor's Assessment Prevails

A look at Centennial Transmarine v. Sales on disability grading, the 120-day rule, and CBA vs POEA-SEC benefits.

Jul 8, 2019criminal lawchain of custodyra 9165buy-bust operationdrug casessection 21

Safeguarding Integrity: Strict Enforcement of Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect due to police lapses in the chain of custody rule, reinforcing strict compliance with Section 21 of RA 9165.

Jul 8, 2019eminent domainlocal governmentexpropriationurban developmentra 7279property rights

City of Manila v. Prieto: Strict Limits on Local Government Expropriation Powers

Supreme Court rules local governments must strictly comply with legal requirements before exercising delegated eminent domain powers.

Jul 8, 2019labor-lawcorporate-liabilitypiercing-corporate-veildolelabor-standardsfinality-of-judgment

Piercing the Corporate Veil: When Company Officers Face Personal Liability

A corporate officer can be held personally liable for labor awards if the judgment is final. Learn the risks and rules.