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显示第 3985–4008 篇,共 24,663 篇文章

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Dec 5, 2018criminal-lawright-to-bailmurderbailevidence-of-guiltcapital-offense

Bail in Capital Offenses: Evidence of Guilt Must Match the Crime Charged

A murder charge does not automatically mean no bail; the prosecution must show strong evidence of murder, not just any wrongdoing.

Dec 5, 2018kidnappingserious illegal detentionrevised penal codearticle 267unlawful restraintcriminal law

Unlawful Restraint Establishing Intent in Kidnapping and Serious Illegal Detention

The Supreme Court explains how acts of clubbing, sacking, and carrying a victim establish the intent to deprive liberty under Article 267.

Dec 5, 2018treacheryhomicidemurderbailcriminal lawqualifying circumstances

Treachery and Intent: Distinguishing Homicide From Murder in Philippine Law

The Supreme Court clarifies that treachery requires deliberate method, not mere suddenness, distinguishing homicide from murder for bail purposes.

Dec 5, 2018management prerogativediminution of benefitslabor lawcollective bargaining agreementcompany practiceno work no pay

Management Prerogative vs Diminution of Benefits: The Coca-Cola Saturday Work Dispute

When can a company stop Saturday work without violating the non-diminution rule? The Supreme Court clarifies in this Coca-Cola case.

Dec 5, 2018labor-lawnegligence-of-counselprocedural-rulesdue-processsupreme-courtproperty-rights

When Counsel's Gross Negligence Excuses Procedural Lapses: B.E. San Diego v. Bernardo

A Supreme Court ruling on when gross negligence of counsel can excuse procedural errors and prevent deprivation of property rights.

Dec 5, 2018dangerous drugschain of custodysection 21buy-bust operationcriminal procedureevidence

When Police Lapses in Drug Seizures Lead to Acquittal: The Chain of Custody Rule

The Supreme Court acquits a drug suspect because police failed to follow Section 21's witness and inventory rules. Learn the requirements.

Dec 5, 2018tax-lawvat-exemptionagricultural-cooperativessupreme-courtsugar-industrycooperative-code

VAT Exemption for Agricultural Cooperatives: Protecting Farmers' Collective Interests

The Supreme Court affirms VAT exemption for agricultural cooperatives, protecting farmers' collective interests in sugar production and sales.

Dec 5, 2018criminal-lawdangerous-drugschain-of-custodyra-9165buy-bust-operationacquittal

Chain of Custody in Drug Cases: Why Strict Compliance Protects Individual Rights

The Supreme Court acquits two accused in a drug case for unjustified failure to secure a media witness during inventory, reaffirming strict chain of custody rules.

Dec 5, 2018chain of custodyillegal drugsrepublic act 9165criminal lawacquittalsupreme court

Chain of Custody in Drug Cases: How One Missing Witness Led to Acquittal

In People v. Dela Cruz, the Supreme Court acquitted two drug accused because the prosecution failed to justify the absence of a media witness during inventory.

Dec 5, 2018labor-lawillegal-dismissalquitclaimemployee-rightswaivertermination

Quitclaims and Illegal Dismissal: Understanding Employee Rights and Waivers in the Philippines

When is a quitclaim valid? The Supreme Court explains the rules on waivers and illegal dismissal in Vergara v. CDM Security Agency.

Dec 5, 2018election lawomnibus election codedouble jeopardytreasury warrantscriminal lawdemurrer to evidence

Treasury Warrants, Election Ban, and Double Jeopardy: Key Lessons from People v. Ting

The Supreme Court clarifies when issuing treasury warrants violates the election ban and why acquittals stand under double jeopardy.

Dec 4, 2018quantum meruitgovernment contractscommission on auditmoney claimspublic works

Quantum Meruit Claims Against the Government: Payment for Services Without a Written Contract

The Supreme Court clarifies when contractors can recover payment from the government on quantum meruit even without a written contract.

Dec 4, 2018legal ethicscode of professional responsibilitylawyer disciplineadministrative casesupreme court

Lawyers Must Avoid Harassment and Respect Colleagues: A.C. No. 7088

The Supreme Court suspended a lawyer for two years for harassing opposing counsel and ignoring court orders. Learn the ethical rules.

Dec 4, 2018quantum meruitgovernment contractscommission on auditpublic workscontract law

Quantum Meruit and Government Contracts: Fair Compensation for Completed Projects

When can a contractor recover payment from the government without a written contract? The Supreme Court explains quantum meruit.

Dec 4, 2018legal ethicscode of professional responsibilityattorney suspensionclient trustlawyer negligence

Attorney Suspended Two Years for Neglect and Misrepresentation of Client

A lawyer who accepted fees but never filed a client's annulment case, lied about it, and kept the money is suspended for two years.

Dec 4, 2018local governmentnational wealthterritorial jurisdictionpalawancamago-malampayaconstitutional law

Territorial Boundaries vs. Resource Sharing: Defining LGUs' Share of National Wealth

The Supreme Court clarifies when local governments may claim a share of national wealth, using the Palawan-Camago-Malampaya dispute as the benchmark case.

Dec 4, 2018administrative lawgrave misconductdrug usecourt personnelcivil serviceexclusionary rule

Drug Use and Due Process: When a Quashed Search Warrant Does Not Erase Administrative Liability

A sheriff dismissed for drug use despite quashed search warrant—why administrative cases stand apart from criminal cases.

Dec 3, 2018depositionrules of courtevidencewaivernoticecivil procedure

Deposition Notice Timeliness and Waiver in Philippine Legal Proceedings

Philippine Supreme Court ruling on deposition notice requirements, waiver of defects, and the distinction between admissibility and weight of evidence.

Dec 3, 2018criminal lawchain of custodyra 9165drug casesdue processsection 21

Due Process and the Chain of Custody Rule: Protecting the Accused in Drug Cases

The Supreme Court acquits a drug suspect because police failed to comply with the three-witness rule under Section 21 of RA 9165.

Dec 3, 2018labor-lawlabor-only-contractingillegal-dismissalemployer-employee-relationshipjob-contractingphilippine-labor-code

Lingnam Restaurant Case: Labor-Only Contracting Makes Principal the Employer

Supreme Court clarifies when a manpower agency is a labor-only contractor, making the client the true employer liable for illegal dismissal.

Nov 28, 2018criminal-lawdangerous-drugschain-of-custodysection-21buy-bustacquittal

Weak Chain of Custody Leads to Acquittal in Drug Sale Case

Learn how lapses in Section 21 chain of custody rules led to an acquittal in a drug sale case, and what this means for police procedures.

Nov 28, 2018property lawtorrens systemexecution salecivil lawregistrationland titles

Unregistered Sale vs Registered Levy: Who Wins Under Philippine Property Law

A buyer who fails to register a sale may still defeat a later levy on execution if ownership had already passed, explains a 2018 Supreme Court ruling.

Nov 28, 2018anti-graft lawcontinuing offensecriminal lawphilippine supreme courtsandiganbayanspecial laws

One Act One Crime: Continuing Offenses and the Anti-Graft Law in the Philippines

Understand how Philippine courts treat continuing offenses under the Anti-Graft Law, including key principles and practical implications.

Nov 28, 2018property-lawfree-patentreconveyancetorrens-titlepublic-land-actpossession

Private Land vs Public Grant: Upholding Possessory Rights Over Defective Free Patents

When a free patent covers private land, the title is void. The Supreme Court explains why possession prevails.