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显示第 3529–3552 篇,共 24,660 篇文章

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Jul 1, 2019criminal-lawdangerous-drugschain-of-custodysection-21ra-9165buy-bust

Chain of Custody Safeguarding Drug Evidence and Individual Liberties

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

Jul 1, 2019criminal-lawillegal-gamblingwarrantless-arrestconstitutional-rightsinadmissible-evidencera-9287

Unlawful Arrest and Inadmissible Evidence: Safeguarding Constitutional Rights in Illegal Gambling Cases

When police lack probable cause for a warrantless arrest, seized evidence becomes inadmissible, leading to acquittal in illegal gambling cases.

Jul 1, 2019construction lawarbitrationciacbreach of contractequitable reliefcivil law

Breach and Balance: Equitable Relief in Construction Contract Disputes

When both parties breach a construction contract, courts may equitably mitigate damages. The Supreme Court explains how.

Jul 1, 2019contract-lawsuretyshipguaranteeexcussionrehabilitationfinancial-agreements

Guarantee vs Suretyship: How Waiving Excussion Changes Liability

The Supreme Court clarifies when a "guarantee" becomes a suretyship, and why a rehabilitation stay order does not protect a surety.

Jul 1, 2019criminal-law

Reasonable Doubt Prevails Safeguarding Rights IN Drug Cases Through Strict Chain OF Custody

Jul 1, 2019compromise agreementmoot and academiccivil procedurebank foreclosuresupreme court

Compromise Agreements Resolving Disputes AND Rendering Cases Moot

Learn how a compromise agreement with judicial approval becomes a judgment on the merits, rendering pending appeals moot.

Jul 1, 2019human traffickingqualified traffickingra 9208minorscriminal law

Minor's Consent No Defense: Trafficking Conviction Upheld by Supreme Court

The Supreme Court upheld a qualified trafficking conviction, ruling that a minor's consent is no defense when she is exploited for prostitution.

Jul 1, 2019human traffickinganti-trafficking actminorscriminal lawra 9208supreme court

Eradicating Exploitation: Trafficking of Minors and the Protective Laws of the Philippines

The Supreme Court affirms that confidential informants are not indispensable in trafficking cases, upholding a conviction based on the victim's testimony.

Jul 1, 2019criminal lawchain of custodyra 9165drug offensesbuy-bust operationsevidence

Broken Chains: Why Drug Evidence Must Be Preserved for Justice

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

Jul 1, 2019trafficking-in-personscriminal-lawanti-trafficking-actevidencesupreme-court

Trafficking in Persons Conviction Upheld: Proof Beyond Reasonable Doubt Without the Informant's Testimony

The Supreme Court affirms a trafficking conviction, ruling that a confidential informant's testimony is not indispensable when the victim's account and police evidence establish guilt.

Jul 1, 2019criminal-lawchain-of-custodydangerous-drugsra-9165acquittaldrug-possession

Compromised Chain of Custody Leads to Acquittal in Drug Possession Case

The Supreme Court acquits a drug possession accused after police failed to secure required witnesses during inventory, compromising evidence integrity.

Jun 26, 2019treacherymurderhomiciderevised-penal-codecriminal-lawsupreme-court

Treachery in Criminal Law: When a Sudden Attack Does Not Qualify as Murder

Supreme Court clarifies that sudden attacks after heated altercations may not constitute treachery, reducing murder to homicide.

Jun 26, 2019taxationincome taxvalue-added taxbirrecreational clubssupreme court

Are Membership Fees of Recreational Clubs Taxable Income? SC Ruling

The Supreme Court clarifies when membership fees and assessment dues of recreational clubs are subject to income tax and VAT.

Jun 26, 2019equitable mortgagesale with right to repurchaseredemptionprescriptioncivil lawpacto de retro

Equitable Mortgage vs Sale With Right to Repurchase: Redemption Rights and Prescription

Philippine Supreme Court clarifies when redemption periods apply in equitable mortgages versus sales with pacto de retro.

Jun 26, 2019labor-and-employment-lawmanagement-prerogativeemployee-misconductsuspensionsubstantial-evidencenlrc

Upholding Employers Prerogative Valid Suspension FOR Employee Misconduct

Supreme Court affirms that employers may validly suspend employees for misconduct, even when guest complaints are not firsthand testimony.

Jun 26, 2019taxationbirrevenue memorandum circularincome taxvatrecreational clubs

When Club Dues Are Not Income: BIR Circular Partly Invalidated

The Supreme Court ruled that membership fees and assessment dues of recreational clubs are not income or VAT receipts, partly invalidating BIR RMC No. 35-2012.

Jun 26, 2019criminal lawdrug caseschain of custodysection 21ra 9165buy-bust operation

Why Witness Presence in Drug Case Inventories Can Make or Break a Conviction

The Supreme Court acquits a drug suspect after police failed to secure an elected official during inventory, explaining the mandatory witness rule.

Jun 26, 2019labor-lawsecurity-of-tenureproject-employmentregular-employmentemployee-rightssupreme-court

Project vs Regular Employment: Security of Tenure and Employee Rights in the Philippines

Philippine Supreme Court clarifies the distinction between project and regular employment, and the security of tenure rights of employees.

Jun 26, 2019maritime-law

Seafarers Death After Repatriation Expanding THE Scope OF Death Benefits Under Poea SEC

Jun 26, 2019labor-lawemployee-dismissaldue-processterminationjurisprudence

Beyond the Hearing Room: Upholding Due Process in Employee Dismissal Cases

This article examines the Supreme Court's ruling on due process in employee dismissal cases, clarifying the requirements for valid termination.

Jun 26, 2019seafarersdisability benefitspoea-secmaritime lawcompany-designated physiciansupreme court

Seafarers Disability Claims: The Importance of Following Protocol and Timely Medical Assessments

A seafarer's disability claim failed because he filed suit before securing a second medical opinion. Learn the proper procedure.

Jun 26, 2019contract-law

Contract Termination Expiration CAN Trigger Restrictive Covenants

Philippine Supreme Court rules that "terminationin the event of terminationin the event of Termination,terminationterminationearlier terminatedterminationterminationearlier terminated" elsewhere in th

Jun 26, 2019maritime-law

Seafarers Right TO Compensation Injury During Employment Overrules Accident Requirement

Jun 26, 2019labor-lawtaxationbirnon-profit clubsmembership feesvat

Supreme Court: Membership Fees of Non-Profit Clubs Not Subject to Income Tax and VAT

The Supreme Court ruled that membership fees and assessment dues of non-profit recreational clubs are not income or VAT-liable, limiting BIR RMC No. 35-2012.