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显示第 4249–4272 篇,共 24,664 篇文章

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Aug 20, 2018chain of custodybuy-bust operationra 9165illegal drugsevidencecriminal law

Chain of Custody in Drug Cases: What People v. Banquilay Means for Buy-Bust Evidence

The Supreme Court affirms a drug sale conviction, clarifying that minor chain of custody lapses do not automatically invalidate seized evidence.

Aug 20, 2018lachesjurisdictionforum non convenienslabor lawphilippine supreme courtrule 45

Laches and Jurisdiction: When Delaying a Challenge Can Validate an Invalid Forum

Philippine Supreme Court ruling on laches, jurisdiction, and forum challenges in labor disputes, with practical takeaways for employers and employees.

Aug 20, 2018chain of custodyra 9165dangerous drugsbuy-bustevidencecriminal law

Chain of Custody in Drug Cases: Why Missing Witnesses Can Overturn a Conviction

The Supreme Court acquits a drug suspect because police failed to explain missing DOJ and media witnesses during inventory.

Aug 20, 2018criminal lawdangerous drugschain of custodyra 9165acquittalbuy-bust

Compromised Evidence Acquittal Due to Unjustified Deviations in Drug Chain of Custody

The Supreme Court acquits a drug suspect because police failed to justify deviations from the mandatory chain of custody rule under RA 9165.

Aug 15, 2018contract-to-selloral-contractrescissioncivil-codemaceda-lawreal-estate

Oral Sales Agreements Transfer Property and the Limits of Rescission

When does an oral deal to sell land transfer ownership? The Supreme Court clarifies the line between a sale and a contract to sell, and when rescission is allowed.

Aug 15, 2018contract-lawinjunctive-reliefpreliminary-injunctionarbitrationphilippine-charity-sweepstakes-officecontractual-freedom

Upholding Contractual Freedom: Injunctive Relief and the Limits of Exclusivity in Lottery Operations

Philippine Supreme Court ruling on when injunctive relief fails absent a clear legal right, using the PCSO-PGMC lottery lease dispute.

Aug 15, 2018surety bondreplevininsurance lawindemnity agreementcivil procedure

Surety Bonds in Replevin: When Does a Bond Really Expire?

A surety bond in a replevin case remains valid until the case is finally terminated, even if the stated period has lapsed.

Aug 15, 2018unlawful detainerpossessionchurch propertyejectmentcivil law

Possession vs Ownership: Resolving Church Property Disputes in the Philippines

The Supreme Court clarifies that in unlawful detainer cases, physical possession—not ownership—determines who has the better right to church property.

Aug 15, 2018treacherymurderrevised-penal-codecriminal-lawsupreme-courtphilippine-law

Treachery Defined: Ensuring Justice for Victims of Premeditated Attacks Under Philippine Law

The Supreme Court clarifies treachery as a qualifying circumstance in murder, affirming a conviction and explaining how the attack's suddenness deprives victims of defense.

Aug 15, 2018unjust enrichmentevidencecivil lawnotarized documentssupreme court

Unjust Enrichment Claims and the Burden of Proving Evidence in Philippine Law

Philippine Supreme Court ruling on unjust enrichment claims, evidentiary rules for private documents, and notarized affidavits in civil cases.

Aug 15, 2018maritime lawseafarers rightsdisability benefitspoea-secmedical repatriation

Seafarers' Rights: Employer's Duty to Provide Post-Repatriation Medical Care

Learn how the Supreme Court ruled on a seafarer's disability claim, the mandatory third-doctor rule, and the employer's duty to provide post-repatriation medical care.

Aug 15, 2018surety bondreplevincivil lawindemnity agreementinsurance lawphilippine law

Surety Bonds Liability Extends Until Case Termination Despite NON Renewal

A surety bond stays effective until a case is finally terminated, even without renewal. Learn the rule from Enriquez v. Mercantile Insurance.

Aug 15, 2018maritime-lawseafarer-rightspoea-secdisability-claimswork-related-illnessdeath-benefits

Work-Related Injury: Defining Course of Employment in Seafarer Disability Claims

Philippine Supreme Court ruling on seafarer death benefits, work-related illness presumption, and employer duties under POEA-SEC.

Aug 15, 2018maritime-lawseafarer-disabilitypoea-secthird-doctor-ruledisability-compensationlabor-law

Seafarer Disability Claims: The Mandatory Third Doctor Rule and Compensation

Learn how the mandatory third doctor rule under the POEA-SEC affects seafarer disability claims and compensation in the Philippines.

Aug 15, 2018civil-lawwater-rightseasementproperty-rightsnegligencetort

Navigating Water Rights: Upholding Property Rights Amidst Natural Easements

The Supreme Court clarifies the limits of natural water easements and property rights in this dispute over subdivision flooding and liability.

Aug 14, 2018land titlestorrens systemquieting of titleproperty lawsupreme court

Overlapping Land Titles: Prior Certificate Prevails in Philippine Law

When two land titles cover the same property, the earlier certificate generally prevails. Learn the rule and its limits.

Aug 14, 2018quasi-delictcivil liabilitydouble recoveryrules of courtcivil codesupreme court

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Aug 14, 2018legal ethicsconflict of interestforum shoppingcode of professional responsibilityattorney disciplineclient loyalty

Upholding Client Loyalty: Ethical Boundaries in Attorney Representation Under Philippine Law

The Supreme Court suspends a lawyer for two years for representing conflicting interests, committing forum shopping, and neglecting clients.

Aug 14, 2018election-lawcomelecbarangay-electionsfinality-of-judgmentcertiorarimootness

Finality of Election Decisions: Untimely Appeals and Mootness in Barangay Disputes

The Supreme Court explains why an untimely certiorari petition and a moot issue doomed a barangay election protest appeal.

Aug 14, 2018criminal-lawtheftrepublic-act-10951penalty-modificationindeterminate-sentencesupreme-court

R.A. 10951 Penalty Adjustment: How Final Theft Convictions Can Be Modified and Inmates Released

The Supreme Court clarifies how R.A. 10951 modifies penalties in final theft convictions, remanding cases to trial courts for possible early release.

Aug 14, 2018fiscal autonomycommission on auditgovernment corporationsphilhealthcompensationgood faith

Fiscal Autonomy vs COA Oversight: PhilHealth CARAGA Benefits Case

Supreme Court clarifies that GOCC fiscal autonomy does not override COA audit power over disallowed benefits.

Aug 13, 2018labor-lawconstructive-dismissalillegal-dismissalbackwagesseparation-paymanagement-prerogative

Constructive Dismissal: When Hostile Management Conduct Forces an Employee to Quit

Philippine Supreme Court clarifies constructive dismissal standards in Diwa Asia Publishing v. De Leon, detailing when unbearable work conditions constitute illegal termination.

Aug 13, 2018docket feesjurisdictioncivil procedureestafagood faithrule 141

Docket Fees and Jurisdiction: When Good Faith Prevails in Civil Suits

The Supreme Court clarifies when underpaid docket fees do not defeat jurisdiction, applying the good faith exception from Manchester and Sun Insurance.

Aug 13, 2018criminal lawestafadocket feescivil liabilityrule 111swindling

Procedural Lapses in Filing Fees Do Not Erase Civil Liability in Swindling Cases

Supreme Court clarifies that underpayment of docket fees based on clerk assessment does not bar recovery of damages in estafa cases.