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显示第 4561–4584 篇,共 24,671 篇文章

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Apr 16, 2018criminal proceduredangerous drugschain of custodybuy-bust operationra 9165acquittal

Chain of Custody Breach in Drug Buy-Bust Leads to Acquittal

When police deviate from Section 21's chain of custody rule without justification, the accused may be acquitted.

Apr 16, 2018seafarer rightsdisability benefitspoea-seclabor lawsupreme courtmaritime law

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Apr 11, 2018qualified rapecriminal lawfamily abuserevised penal codesupreme courtreclusion perpetua

Breach of Trust Defining Qualified Rape in Familial Abuse Cases

A Supreme Court ruling clarifies when a father's rape of a minor daughter constitutes qualified rape, carrying the penalty of reclusion perpetua.

Apr 11, 2018labor-lawcertiorarisupreme-courtlegal-ethicsattorney-conductphilippine-law

Supreme Court Upholds Strict Rules on Certiorari Petitions in Labor Cases

Learn how the Supreme Court enforces strict rules on certiorari petitions and what this means for legal practitioners and clients.

Apr 11, 2018administrative-lawelectric-cooperativesneafranchise-disputespd-269epira

Franchise Disputes and Cooperative Restructuring in Philippine Electrification

Supreme Court clarifies NEA authority over electric cooperative franchises, asset transfers, and why internal restructuring cannot create new cooperatives.

Apr 11, 2018criminal-lawmurderhomicidesuperior-strengthqualifying-circumstancerevised-penal-code

Diminished Liability Distinguishing Homicide From Murder Based ON Proof OF Superior Strength

The Supreme Court explains when the qualifying circumstance of abuse of superior strength applies—and when it does not.

Apr 11, 2018criminal-lawrapesupreme-courtcredibilitydamagesrevised-penal-code

How Philippine Courts Assess Credibility and Consent in Rape Cases

A look at how the Supreme Court evaluates witness credibility, consent, and damages in rape convictions, using People v. Bugna.

Apr 11, 2018real estate mortgagenotarizationregistrationcivil codeforeclosure

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Apr 11, 2018criminal lawdefense of relativesunlawful aggressionmurderrevised penal code

Defense of Relatives and Unlawful Aggression in Philippine Criminal Law

The Supreme Court clarifies when defense of relatives justifies a killing and why unlawful aggression is its indispensable requirement.

Apr 9, 2018cyber-libelprescriptionrevised-penal-codesupreme-courtcriminal-lawra-10175

Cyber Libel Prescribes in One Year: Supreme Court Clarifies RA 10175 and RA 9480

The Supreme Court rules cyber libel prescribes in one year, not 15, and clarifies when the prescriptive period starts running.

Apr 9, 2018expropriationright-of-wayjust compensationpublic land actdpwheasement

Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline

The Supreme Court clarifies that the 20-meter road right-of-way easement under the Public Land Act is measured from the centerline of the highway.

Apr 4, 2018criminal lawrapealibi defensewitness credibilitysupreme court

Rape Conviction Affirmed: Credibility of Victim Testimony and the Weakness of Alibi Defense

In People v. Ganaba, the Supreme Court affirmed a rape conviction, stressing that victim testimony can outweigh alibi and denial defenses in criminal cases.

Apr 4, 2018maritime-lawseafarers-rightsdisability-benefitspoea-secwork-related-illnesslabor-law

Seafarers' Rights: Establishing Work-Related Illness for Disability Benefits

SC ruling clarifies how seafarers can prove work-related illness for disability benefits, even without company physician assessment.

Apr 4, 2018maritime lienpreliminary attachmentship mortgage decreecivil procedurerule 57supreme court

Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law

Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.

Apr 4, 2018property-lawejectmentunlawful-detaineraccion-publicianapossessionownership

Possession vs Ownership: Resolving Land Disputes Through the Proper Legal Action

Philippine Supreme Court clarifies when to file unlawful detainer versus accion publiciana, and why bare allegations of tolerance are not enough.

Apr 4, 2018criminal lawrapequalified rapemental retardationconsentrules of court

Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations

The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.

Apr 4, 2018naturalizationcertificate of arrivalcommonwealth act 473revised naturalization lawphilippine citizenshipsupreme court

Certificate of Arrival Is Mandatory in Naturalization Cases, Supreme Court Rules

The Supreme Court denies naturalization for missing a certificate of arrival, a mandatory requirement under the Revised Naturalization Law.

Apr 4, 2018unlawful detaineraccion publicianaejectmentjurisdictionproperty lawpossession

Unlawful Detainer vs Accion Publiciana: When Ejectment Cases Fail

Understand when an ejectment case fails and why accion publiciana is the proper remedy for recovering possession of property.

Apr 4, 2018land registrationpublic domainalienable and disposabledenrproperty registration decreecertificate of title

Land Registration Indefeasibility Hinges on Demonstrable Alienability of Public Land

A CENRO certification alone cannot prove public land is alienable and disposable; applicants must present the DENR Secretary's original classification.

Apr 3, 2018unlawful detaineraccion publicianaejectmentproperty lawjurisdiction

Unlawful Detainer vs. Accion Publiciana: Key Distinctions in Philippine Ejectment Cases

Learn the key differences between unlawful detainer and accion publiciana, and why filing the wrong action can get your case dismissed.

Apr 3, 2018family-lawmarriagesolemnizationfamily-codejudgesadministrative-case

Judges Can Only Solemnize Marriages Within Their Court’s Jurisdiction

A judge who solemnizes a marriage outside his court's territorial jurisdiction violates the Family Code and faces administrative sanctions.

Apr 3, 2018checkpoint searcheswarrantless searchright against unreasonable searchpublic safetyillegal possession of firearms

Checkpoint Searches in the Philippines: Balancing Public Safety and Individual Rights

The Supreme Court explains when checkpoint and bus searches are valid under the Constitution, and what makes them reasonable.

Apr 2, 2018notarial practiceadministrative law2004 rules on notarial practiceresidence certificatesupreme courtlegal ethics

Notarial Standards and Valid ID: The 2004 Rules Apply Prospectively, Not Retroactively

A lawyer cannot be disciplined for notarizing a deed using CTCs when the old notarial law, not the 2004 Rules, applied at the time.

Apr 2, 2018notarial practiceadministrative lawnotary publiccommunity tax certificate2004 rules on notarial practice

Notarial Duty and Identification Validity of Notarization Based on Laws at Time of Execution

Notaries must follow the identification rules in effect when the document is notarized, not later rules. The Supreme Court explains in this administrative case.