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显示第 4129–4152 篇,共 24,664 篇文章

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Oct 8, 2018criminal lawdangerous drugschain of custodyreasonable doubtra 9165buy-bust operation

Reasonable Doubt and Chain of Custody: Acquittal in Drug Sale Cases

The Supreme Court acquits a drug suspect after police failed to justify missing required witnesses, reinforcing the chain of custody rule.

Oct 8, 2018nepotismadministrative lawlocal governmentmisconductcondonation doctrineombudsman

Nepotism and Misconduct Limits on Local Government Hiring Practices in the Philippines

A Supreme Court ruling clarifies nepotism rules, the condonation doctrine, and hiring limits for local government positions.

Oct 8, 2018chain of custodydangerous drugsra 9165buy-bust operationcriminal law

Safeguarding Rights: The Chain of Custody Rule in Drug Cases and Fair Trials

In People v. Velasco, the Supreme Court acquitted an accused after police failed to justify the absence of required witnesses during the drug inventory.

Oct 8, 2018criminal-law

Chain OF Custody IN Drug Cases Acquittal DUE TO Procedural Lapses

Oct 8, 2018administrative lawlocal governmentombudsmancondonation doctrinesecurity of tenuremunicipal administrator

Security of Tenure vs. Appointment: The Dator Case on Local Government Officials

The Supreme Court clarifies the rules on appointing municipal administrators, the condonation doctrine, and the limits of injunctive relief in Ombudsman cases.

Oct 3, 2018due processtax assessmentbirtaxpayer rightssection 228administrative law

Due Process in Tax Assessments: BIR Must Consider Taxpayer Evidence

When BIR ignores taxpayer evidence in tax assessments, due process is violated and assessments are void. Learn from Avon case.

Oct 3, 2018expropriationjust compensationzonal valuefair market valuera 8974property law

Just Compensation in Expropriation: Why Zonal Value Is Not the Sole Basis

The Supreme Court clarifies that BIR zonal valuation is only one factor in determining just compensation in expropriation cases, not the sole measure.

Oct 3, 2018seafarersdisability benefitswork-related injurypoea contractmaritime lawcompensation claims

Seafarers Disability Claims: Proving Work-Related Injury and Timelines

Learn when seafarers can claim disability benefits, the burden of proof for work-related injury, and why timelines matter in compensation claims.

Oct 3, 2018human traffickingra 9208criminal lawhotel liabilitytrafficking in personssupreme court

Lodging Liability When Hotel Owners Promote Human Trafficking

Philippine Supreme Court ruling on hotel owner liability for promoting trafficking under RA 9208, based on circumstantial evidence.

Oct 3, 2018administrative lawcivil serviceawolcourt personnelpublic accountabilitysupreme court

Dropping from the Rolls for AWOL: A Court Employee's Duty of Accountability

The Supreme Court explains when a government employee may be dropped from the rolls for absence without official leave (AWOL) under the 2017 RACCS.

Oct 3, 2018sheriffsadministrative lawrule 39writ of executiondue processcivil service

Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect

A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.

Oct 3, 2018dangerous drugschain of custodysection 21buy-bustacquittalra 9165

Safeguarding Rights Chain OF Custody AND Drug Case Acquittals IN THE Philippines

Why the Supreme Court acquitted a drug suspect when police failed to follow Section 21's witness requirements during inventory.

Oct 3, 2018insurance lawrescissionconcealmentfalse representationinsurance codefraud

Insurance Rescission: Proving Fraud in False Representations vs Concealment

Philippine Supreme Court clarifies when insurers can rescind for concealment versus false representations, and what evidence proves fraud.

Oct 3, 2018criminal-laweyewitness-identificationpolice-show-upcarnappingdue-processevidence

Faulty Identification When Police Suggestion Undermines Justice In Carnapping Cases

Supreme Court overturns carnapping convictions where police show-up was tainted by improper suggestion, applying the totality of circumstances test.

Oct 3, 2018labor-lawpiece-rateregular-employmentillegal-dismissalsecurity-of-tenureabandonment

Piece-Rate Workers Are Regular Employees Entitled to Security of Tenure

Philippine Supreme Court clarifies that piece-rate payment does not negate regular employment, and abandonment requires proof of intent.

Oct 3, 2018tax lawdue processbirtax assessmentadministrative lawtax protest

Due Process in Tax Assessments: When the BIR's Failure to Consider a Taxpayer's Protest Invalidates Assessment

The Supreme Court clarifies that the BIR's failure to consider a taxpayer's protest and evidence violates due process, rendering tax assessments null and void.

Oct 3, 2018insurance lawrescissionfraudulent misrepresentationinsurance codeconcealment

Insurance Rescission: Proving Fraudulent Intent in False Representations

Philippine Supreme Court clarifies when insurers may rescind policies for false representations versus concealment, requiring clear proof of fraudulent intent.

Oct 3, 2018seafarerdisability compensationpoea-seclabor lawcompany-designated physicianpermanent total disability

Seafarer Disability Claims: When the Company Doctor's "Fit to Work" Ruling Fails

Philippine Supreme Court clarifies when a seafarer gets total permanent disability benefits despite a company doctor's fit-to-work certification.

Oct 3, 2018agrarian reformcloaindefeasibility of titledarabproperty law

CLOA Cancellation and Indefeasibility of Titles in Agrarian Reform Cases

When can a Certificate of Land Ownership Award be cancelled? The Supreme Court clarifies the limits of DAR jurisdiction and the indefeasibility of agrarian titles.

Oct 3, 2018insurance lawconcealmentmisrepresentationsupreme courtfraudinsurance claims

Rectifying Dispositive Errors Ensuring Restitution IN Legal Malpractice Cases

The Supreme Court clarifies when insurers may rescind for concealment versus false representation, and the evidentiary standards for fraud.

Oct 3, 2018seafarer rightsdisability benefitsmaritime lawwork-related injurypoea contractlabor law

Seafarer Disability Claims: Proving Work-Related Injury in Maritime Cases

Philippine Supreme Court clarifies when a seafarer's injury is work-related and compensable, and why bare allegations fail.

Oct 3, 2018maritime lawseafarersdisability benefitspoea contractwork-related injurysupreme court

Seafarer Disability Claim Denied: When a Gym Injury Is Not Work-Related

Supreme Court denies seafarer's disability claim for a gym injury, explaining why work-relatedness is essential under POEA rules.

Oct 3, 2018eminent domainjust compensationexpropriationzonal valuera 8974property law

Just Compensation in Expropriation: Zonal Value Is Not the Sole Basis

The Supreme Court affirms that BIR zonal value is only one factor in determining just compensation for expropriated property.

Oct 3, 2018labor-lawawolcivil-servicedropping-from-rollsgovernment-employeesadministrative-case

AWOL and Accountability: Dropping Employees from the Rolls for Unauthorized Absences

Learn when Philippine government employees can be dropped from the rolls for AWOL, the procedure involved, and what benefits remain.