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显示第 4345–4368 篇,共 24,665 篇文章

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Jul 23, 2018criminal lawchain of custodyreasonable doubtdangerous drugsbuy-bust operationpresumption of innocence

Reasonable Doubt in Drug and Firearm Cases: When Broken Chain of Custody Means Acquittal

The Supreme Court acquits a drug suspect when police break the chain of custody, safeguarding the constitutional right to be presumed innocent.

Jul 23, 2018vat refundzero-rated salesofficial receiptstax creditcta jurisdictionbir

VAT Refund Claims: Proving Zero-Rated Sales of Services with Official Receipts

Philippine Supreme Court clarifies that VAT official receipts are indispensable to substantiate zero-rated sales of services in refund claims.

Jul 23, 2018real-estate-lawinput-vatconstruction-costsownership-sharesjoint-venturesupreme-court

Input VAT in Construction Costs and Ownership Shares in Realty Disputes

Philippine Supreme Court ruling on input VAT in construction costs and proportional ownership shares in a realty joint venture dispute.

Jul 17, 2018labor lawbus industryminimum wagedoleltfrbconstitutional law

Fair Wage Standards for Bus Drivers Upheld: PBOAP v. DOLE Explained

The Supreme Court upheld DOLE Order No. 118-12 requiring part-fixed wages for bus drivers, ruling it a valid exercise of police power.

Jul 16, 2018reconstitution of titleland registrationrepublic act no. 26property lawsupreme court

Reconstitution of Lost Titles: Supreme Court Clarifies Rules on Lost Owner's Duplicates

The Supreme Court clarifies when courts may reconstitute lost land titles, easing strict documentary requirements after disasters destroyed registry records.

Jul 11, 2018criminal-lawrapeincestmoral-ascendancyvictim-testimonysupreme-court

Moral Ascendancy in Incestuous Rape Cases: Conviction Based on Victim's Testimony

Supreme Court affirms incestuous rape conviction, holding a father's moral ascendancy substitutes for force or intimidation, and clarifies limits on multiple convictions.

Jul 11, 2018property-lawconstitutional-lawforeign-ownershipexecution-saleannulment-of-judgmentland-ownership

Foreign Land Ownership Constitutionality Prevails Over Execution Sales

Supreme Court nullifies auction sales to a Canadian citizen, reaffirming the constitutional ban on alien land ownership in the Philippines.

Jul 10, 2018administrative lawcommission on auditcompromise agreementsgovernment contractsgocccongressional oversight

When Government Contracts Meet Congressional Oversight: The Limits of Compromise Agreements

The Supreme Court clarifies that compromise agreements involving government claims above P100,000 require congressional approval, not just COA or agency action.

Jul 10, 2018administrative-law

Retirement Benefits Ensuring Justices Receive Salary Adjustments Post Retirement

Jul 9, 2018legal ethicsgross immoralityadministrative casecode of professional responsibilitysupreme court

Lawyer Suspended for Gross Immorality: What the Supreme Court Said

The Supreme Court suspended a lawyer for one year for an illicit affair, explaining the evidence rules in administrative cases against attorneys.

Jul 9, 2018trafficking-in-personscybersexchild-protectionra-9208qualified-traffickingcriminal-law

Parental Betrayal Conviction FOR Trafficking Children IN Cybersex Operations

Supreme Court affirms life sentences for parents who forced their minor children into cybersex and prostitution under RA 9208.

Jul 9, 2018legal ethicscode of professional responsibilityadministrative lawlawyer disciplinerule 8.01

Ethical Boundaries: Upholding Respect and Dignity in Legal Advocacy

The Supreme Court reminds lawyers that even forceful arguments must remain respectful, citing Rule 8.01 of the CPR.

Jul 9, 2018criminal lawdangerous drugschain of custodysection 21 ra 9165buy-bust operationphilippine supreme court

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

Explaining the Supreme Court's acquittal in People v. Cordova and Eguiso for police failure to follow the chain of custody rule under Section 21, RA 9165.

Jul 9, 2018prescriptionprobable causeanti-graftombudsmanbehest loanspublic officials

Prescription and Probable Cause: Protecting Public Officials From Stale Charges

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges, clarifying prescription periods and probable cause requirements under RA 3019.

Jul 9, 2018legal ethicscode of professional responsibilityadministrative caselawyer disciplinepleadings

When Lawyers Cross the Line: Intemperate Language in Pleadings

The Supreme Court admonished a lawyer for calling an opposing party a "lunatic" in pleadings, reaffirming that lawyers must remain dignified and respectful.

Jul 9, 2018criminal-lawrapecircumstantial-evidencesupreme-courtrevised-penal-codejurisprudence

Circumstantial Evidence Suffices Rape Conviction Upheld Despite Victims Unconsciousness

The Supreme Court affirms a rape conviction based on circumstantial evidence, ruling that a victim rendered unconscious need not provide direct testimony of the act.

Jul 9, 2018suretycontract lawrevocationevidenceregistered mailcivil procedure

Revoking a Surety Agreement: Proving Timely Notice and Release from Liability

A surety who sends a timely revocation letter by registered mail can escape liability—provided the notice is properly proven and received.

Jul 9, 2018criminal-lawchain-of-custodydangerous-drugsra-9165evidencebuy-bust

Chain of Custody in Drug Cases: Safeguarding Evidence and Ensuring Fair Trials

The Supreme Court acquits drug offenders where police breached chain of custody rules, underscoring the need to preserve evidence integrity.

Jul 9, 2018tax credit certificatesdue processexcise taxres judicatabirtax collection

Tax Credit Transfers: Protecting Transferees in Good Faith and Upholding Due Process

The Supreme Court shields innocent transferees of tax credit certificates from reassessment, affirming due process in tax collection.

Jul 9, 2018mortgagebad faithbankingproperty lawspecial power of attorneysupreme court

When Banks Fail to Protect Vulnerable Parties: Mortgage in Bad Faith Under Philippine Law

Philippine National Bank v. Spouses Anay: banks cannot claim good-faith mortgagee status when they ignore obvious signs of vitiated consent.

Jul 9, 2018labor-lawjurisdictioncooperativesillegal-dismissalcorporate-officersregional-trial-court

Cooperative Officer Dismissal Jurisdiction Lies With Regional Trial Courts NOT Labor Tribunals

Supreme Court clarifies that illegal dismissal cases filed by cooperative officers like general managers are intra-cooperative disputes under RTC jurisdiction.

Jul 4, 2018labor-lawterminationwillful-disobediencesecurity-of-tenurepreventive-suspensionmanagement-prerogative

Willful Disobedience as Just Cause for Termination: Mamaril v. The Red System Company

The Supreme Court clarifies when an employee's repeated violation of safety rules justifies dismissal for willful disobedience under the Labor Code.

Jul 4, 2018criminal-lawstatutory-raperapeconsentsupreme-courtchildren

Protecting Childhood Statutory Rape AND THE Irrelevance OF Consent

The Supreme Court affirms that in statutory rape, consent is irrelevant; mere touching of the labia by the penis constitutes carnal knowledge.

Jul 4, 2018labor-lawregular-employeelabor-only-contractingindependent-contractorillegal-dismissalcocacola

Regular Employee Status: Distinguishing Independent Contractors From Labor-Only Contracting

Philippine Supreme Court clarifies when workers are regular employees despite agency transfers, distinguishing independent contractors from labor-only contracting.