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显示第 4153–4176 篇,共 24,664 篇文章

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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 2, 2018gross misconductadministrative casecourt personnelrapehall of justicedismissal

Gross Misconduct Dismissal for Rape of Minor Inside Hall of Justice Premises

Court personnel who commit rape inside the Hall of Justice face dismissal for gross misconduct, forfeiture of benefits, and perpetual disqualification.

Oct 1, 2018chain of custodyra 9165illegal drugsbuy-bust operationcriminal lawevidence

Chain of Custody in Drug Cases: Why Evidence Integrity Decides Convictions

The Supreme Court explains how strict compliance with the chain of custody rule under RA 9165 preserves drug evidence integrity and sustains convictions.

Oct 1, 2018chain of custodydrug casesra 9165evidence integritybuy-bust operationcriminal law

Chain of Custody in Drug Cases: Protecting Evidence Integrity Under RA 9165

Explaining the chain of custody rule in drug cases through People v. Baradi, and why strict compliance secures convictions.

Oct 1, 2018criminal-lawchain-of-custodyillegal-drugsra-9165buy-bustacquittal

Chain of Custody and Illegal Drugs: Safeguarding Rights and Ensuring Justice

The Supreme Court acquits three accused in a drug case because police failed to justify the absence of required witnesses during inventory, underscoring the strict chain of custody rule.

Oct 1, 2018local government codegrave misconductappropriation ordinancesangguniang bayanadministrative casepublic officers

When an Appropriation Ordinance Is Enough: Mayor's Consultancy Contracts Upheld

Supreme Court clarifies when a line-item in an appropriation ordinance suffices as prior authorization for a mayor's contracts.

Oct 1, 2018criminal-lawchain-of-custodydangerous-drugsra-9165exclusionary-rulebuy-bust

Exclusionary Rule and Chain of Custody in Drug Cases: A Primer

The Supreme Court acquits three accused in a drug case for the prosecution's failure to justify the absence of required witnesses during inventory, reaffirming the chain of custody rule.

Oct 1, 2018ejectmentexpropriationsupervening eventunlawful detainerwrit of executionlandowner rights

Ejectment vs. Expropriation: When a Supervening Event Does Not Stop Execution

The Supreme Court clarifies when a pending expropriation case can suspend execution of an ejectment judgment, and when it cannot.

Oct 1, 2018administrative lawgrave misconductdue processlocal government codeombudsmanappropriation ordinance

Due Process in Administrative Cases: The Right to a Fair Hearing and Protection Against Gross Neglect of Duty

A mayor's dismissal for grave misconduct was reversed by the Supreme Court, which clarified the rule on prior authorization for local contracts.

Oct 1, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bust-operationevidence

Upholding the Chain of Custody: Ensuring Integrity in Drug Cases

The Supreme Court affirms a drug conviction, explaining how strict compliance with the chain of custody rule preserves the integrity of seized evidence.

Sep 26, 2018rapecriminal lawrevised penal codesupreme courthymenal rupturepenetration

Rape Penetration Without Hymenal Rupture: What the Supreme Court Says

The Supreme Court clarifies that full penetration and hymenal rupture are not required for rape conviction under Philippine law.

Sep 26, 2018kidnappingransomcriminal lawrevised penal codedeprivation of libertysupreme court

Kidnapping for Ransom: Intent and Deprivation of Liberty Explained

The Supreme Court explains what constitutes kidnapping for ransom, including the intent to extort and how deprivation of liberty is proven.

Sep 26, 2018criminal-lawrobberytheftrevised-penal-codesupreme-court

Distinguishing Robbery From Theft The Necessity of Violence or Intimidation in Taking Personal Property

The Supreme Court clarifies when a snatching is theft, not robbery, and what the prosecution must prove.

Sep 26, 2018commercial-law

VAT Refund Claims Navigating THE Timelines FOR Zero Rated Sales Under Philippine LAW

Sep 26, 2018ombudsmanadministrative lawexecutive ordersuspensioncivil service

Ombudsman Decisions in Administrative Cases Are Immediately Executory

The Supreme Court confirms that Ombudsman decisions in administrative cases are immediately executory, even pending appeal, unless a court issues a TRO or preliminary injunction.

Sep 26, 2018criminal procedureappealsolicitor generalprivate complainantbp 22civil liability

Who Can Appeal a Criminal Acquittal? The Rule on Private Complainants

Private complainants cannot appeal a criminal acquittal except for the civil aspect. Learn the rule from Cu v. Ventura.

Sep 26, 2018criminal procedureoffice of the solicitor generalprivate complainantappealbp 22standing

Who Can Appeal a Criminal Acquittal? Private Complainants, the OSG, and the Civil Aspect

Explaining why a private complainant cannot appeal a criminal acquittal alone, and when the OSG must act.

Sep 25, 2018disbarmentlegal ethicscode of professional responsibilityattorney misconductbreach of trustadministrative case

Breach of Trust and Deceit: When a Lawyer's Misconduct Leads to Disbarment

A lawyer who took P150,000 for an annulment case but never filed it, lied about a "friendly judge," and ignored IBP orders was disbarred.

Sep 24, 2018labor-lawsecurity-of-tenurefixed-term-employmentproject-employmentphilippine-supreme-court

Fixed Term vs Project Employment: Protecting Workers' Security of Tenure

Philippine law on fixed-term and project employment, and how the Supreme Court protects workers' security of tenure against circumvention.

Sep 24, 2018criminal lawtreacherymurderinsanity defenserevised penal code

Treachery and Murder: Proving Deliberate Intent in Philippine Criminal Law

A look at how Philippine courts distinguish murder from homicide, and why proving deliberate intent matters.

Sep 19, 2018criminal-lawchain-of-custodydrug-casesra-9165evidenceacquittal

Safeguarding Chain of Custody: How Improper Handling of Evidence Leads to Acquittal in Drug Cases

Philippine Supreme Court clarifies that police lapses in drug evidence handling, particularly missing inventory and photos, can warrant acquittal.

Sep 19, 2018criminal-law

Judicial Oversight Neglect IN Monitoring Search Warrant Returns AND THE Duty OF Diligence

Sep 19, 2018civil-proceduredrug-offensessection-21ra-9165chain-of-custodyacquittal

Lost in Procedure: Supreme Court Upholds Strict Compliance With Appeal Rules

The Supreme Court acquits a drug suspect because police failed to comply with Section 21 of RA 9165, emphasizing strict procedural compliance.

Sep 19, 2018property lawreversionjurisdictionland registrationpublic domainsupreme court

Prejudicial Question Doctrine Resolving Conflicting Land Rights

Learn how the Supreme Court clarified jurisdiction in reversion suits versus annulment of judgment, and what this means for land title disputes.