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显示第 3553–3576 篇,共 24,660 篇文章

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Jun 26, 2019criminal-lawbuy-bustwarrantless-arrestdangerous-drugsra-9165chain-of-custody

Buy-Bust Operations and Warrantless Arrests: Lessons from People v. Juguilon

The Supreme Court affirms that buy-bust operations and warrantless arrests in drug cases are valid when the accused is caught in flagrante delicto.

Jun 26, 2019criminal-lawchain-of-custodydrug-casesra-9165section-21buy-bust

Safeguarding Rights: The Chain of Custody Rule in Drug Cases

A Supreme Court ruling on the chain of custody rule in drug cases shows why strict compliance with Section 21, RA 9165 is vital.

Jun 26, 2019taxationbirmembership feesvalue-added taxincome taxnon-profit clubs

Are Club Membership Fees Taxable Income? The Supreme Court Weighs In

The Supreme Court ruled that membership fees and assessment dues of non-profit recreational clubs are not income or VAT-able receipts.

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, 2019criminal-lawdangerous-drugschain-of-custodybuy-bustreasonable-doubtra-9165

Reasonable Doubt and the Chain of Custody Rule in Drug Cases

A buy-bust conviction reversed because police failed to secure required witnesses during inventory, breaking the chain of custody.

Jun 26, 2019criminal lawchain of custodyra 9165drug evidencebuy-bust operationacquittal

Compromising the Chain: Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect due to broken chain of custody, reinforcing strict evidence rules under RA 9165.

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, 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, 2019chain of custodydangerous drugsra 9165buy-bust operationcriminal lawdrug evidence

Chain of Custody in Drug Cases: Why Gaps Lead to Acquittal Under RA 9165

The Supreme Court acquitted a drug suspect due to broken chain of custody. Learn the four links and why each matters.

Jun 26, 2019franchise lawcontract interpretationtermination clausesnon-competecivil codecommercial law

Interpreting Termination Clauses in Franchise Agreements: Makati Water v. Agua Vida

When does a franchise agreement "terminate"? The Supreme Court rules on whether expiration counts as termination under non-compete clauses.

Jun 26, 2019chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody Safeguarding Drug Evidence Integrity in Philippine Law

Philippine Supreme Court acquits drug accused over broken chain of custody, stressing strict compliance with Section 21, RA 9165.

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-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, 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 25, 2019nepotismadministrative lawcivil servicegovernment appointmentsombudsmaneo 292

Nepotism in Government: Designation of Relatives Is a Prohibited Appointment

The Supreme Court ruled that designating a relative to government duties—even unpaid or off-plantilla—violates the ban on nepotism.

Jun 25, 2019administrative lawgross neglect of dutycourt stenographertranscript of stenographic notesdismissal from servicejudiciary

Dismissal for Neglect: Court Stenographers Must Submit Transcripts on Time

A stenographer who repeatedly fails to submit transcripts on time may be dismissed for gross neglect of duty, the Supreme Court ruled.

Jun 25, 2019good conduct time allowancera 10592retroactive lawinmates rightsrevised penal codesupreme court

Retroactive GCTA: Supreme Court Upholds Inmates' Right to Good Conduct Time Allowance

The Supreme Court struck down the IRR's prospective application of R.A. 10592, affirming inmates' right to retroactive good conduct time allowance credits.

Jun 24, 2019gross misconductcourt personnelanti-graft and corrupt practices actadministrative casecode of conductbribery

Court Personnel Extortion: When Demanding Money for Court Documents Is Gross Misconduct

A court interpreter who demanded money to release a litigant's document was found guilty of gross misconduct, bribery, and graft.

Jun 24, 2019contempt of courtcode of professional responsibilitydisbarmentfinality of judgmentlegal ethicswrit of execution

Contempt of Court: Balancing Judicial Authority and Good Faith Compliance

A disbarred lawyer's failure to comply with a final Court order leads to indirect contempt, fines, and execution of judgment.

Jun 24, 2019employer liabilityconstructive dismissallabor lawretirementillegal dismissaljurisprudence

Employer Liability and Proving Negligence in Employee Conduct: The Ondevilla Case

The Supreme Court clarifies employer liability rules, constructive dismissal, and retirement age in Ondevilla v. Colegio de San Juan de Letran.

Jun 19, 2019expropriationjust compensationfair market valuezonal valuationproperty law

Just Compensation: Fair Market Value, Not Zonal Valuation, in Expropriation Cases

Philippine Supreme Court clarifies that just compensation in expropriation is based on fair market value, not BIR zonal valuation alone.

Jun 19, 2019criminal-lawdrug-caseschain-of-custodyra-9165buy-bust-operationreasonable-doubt

Chain of Custody Imperative Safeguarding Rights in Drug Cases

The Supreme Court acquits a drug suspect when police fail to secure required witnesses during inventory, underscoring the chain of custody rule.

Jun 19, 2019evidencecivil procedureconstruction lawauthenticationprivate documentsrule 132

Unproven Claims Authenticating Private Documents IN Construction Disputes

A construction company's collection suit failed because it did not authenticate its private documents. Learn the authentication rules.

Jun 19, 2019speedy dispositionpreliminary investigationombudsmansandiganbayancriminal procedureconstitutional rights

Speedy Disposition Right Is Not a Shield for Delaying Justice: People v. Diaz

The Supreme Court clarifies that the right to speedy disposition is not violated by mere delay, especially when the prosecution explains the reasons.