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显示第 4657–4680 篇,共 24,673 篇文章

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Feb 28, 2018criminal-law

Chains OF Custody Safeguarding Drug Evidence Integrity

Feb 28, 2018extrajudicial settlementannulment of contractinformed consentcivil codesuccession

Protecting the Vulnerable: Annulling Extrajudicial Settlements for Lack of Informed Consent

The Supreme Court annuls an extrajudicial settlement where an illiterate heir signed without understanding its terms, protecting vulnerable parties.

Feb 28, 2018civil-proceduresummonsdue-processannulment-of-judgmentjurisdictionservice-of-summons

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

Feb 28, 2018bigamydivorce decreeforeign judgmentfamily codecriminal lawevidence

Divorce Decree Recognition in Bigamy Cases: Strict Proof of Foreign Law Required

Philippine Supreme Court clarifies that foreign divorce decrees need strict proof and recognition before a Filipino can validly remarry.

Feb 28, 2018bigamydivorce decreeforeign judgmentfamily codecriminal lawrevised penal code

Divorce Decree Recognition in Bigamy Cases: Strict Proof Required

A foreign divorce decree does not automatically dissolve a marriage in the Philippines. Learn what proof is required to avoid bigamy conviction.

Feb 28, 2018property-lawagrarian-reformjust-compensationcarpland-valuationdar

Just Compensation Under CARP: Balancing DAR Formulas and Fair Market Value

Supreme Court clarifies when courts may deviate from DAR valuation formulas in agrarian reform just compensation cases.

Feb 27, 2018execution of judgmentsfive-year rulerule 39rules of courtvillareal v mwsscivil procedure

The Five-Year Rule on Execution of Judgments: Villareal v. MWSS Explained

Winning a case is only half the battle. Learn the five-year rule on executing judgments and why delay can void a writ.

Feb 26, 2018criminal-lawchain-of-custodydangerous-drugsra-9165buy-bustevidence

Chain of Custody: Why Immediate Marking of Drug Evidence Matters in Philippine Law

Philippine Supreme Court acquits drug suspect due to broken chain of custody, highlighting the crucial requirement of immediate evidence marking.

Feb 26, 2018labor-lawjurisdictionillegal-strikedamageslabor-arbitersupreme-court

When Courts Can Hear Damage Claims in Labor Disputes: The PAL v. ALPAP Ruling

The Supreme Court clarifies when labor tribunals—not regular courts—have jurisdiction over damage claims arising from illegal strikes.

Feb 26, 2018legal ethicsconflict of interestcode of professional responsibilitysupreme courtattorney suspensionintegrated bar of the philippines

Breach of Trust: Attorney Suspended for Representing Conflicting Interests

The Supreme Court suspends a lawyer for six months for representing opposing parties in violation of Rule 15.03, Canon 15 of the CPR.

Feb 26, 2018chain of custodydangerous drugsra 9165buy-bust operationcriminal lawevidence

Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits an accused because police failed to properly mark seized shabu, breaking the chain of custody.

Feb 25, 2018custodial investigationmiranda rightsqualified theftcriminal procedureright to counsel

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Feb 21, 2018murdersuperior-strengthintent-to-killslight-physical-injurycriminal-law

Superior Strength and Criminal Intent: The Oscar Mat-an Murder Case

The Supreme Court clarifies when abuse of superior strength qualifies killing as murder and why intent to kill matters for attempted crimes.

Feb 21, 2018criminal-law

Protecting THE Vulnerable Upholding Child Testimony IN Sexual Assault Cases

Feb 21, 2018criminal-lawdrug-caseschain-of-custodyra-9165procedural-complianceacquittal

Safeguarding Rights: The Importance of Procedural Compliance in Drug Cases

The Supreme Court acquits a drug suspect due to broken chain of custody, emphasizing strict procedural compliance in drug cases.

Feb 21, 2018search warrantprobable causesecurities regulation codeestafacriminal procedurebill of rights

One Specific Offense Rule: Search Warrants and the Limits of General Warrants

The Supreme Court nullified a search warrant covering both the Securities Regulation Code and estafa, affirming the one-specific-offense rule.

Feb 21, 2018legal ethicscode of professional responsibilitylawyer suspensionillegal demolitionproperty dispute

Lawyer Suspended for Misconduct in Property Dispute and Illegal Demolition

SC suspends lawyer for six months for violating the Code of Professional Responsibility in a property dispute involving an illegal demolition.

Feb 21, 2018criminal-lawraperevised-penal-codecredible-testimonypositive-identificationalibi

Rape Conviction Affirmed: The Importance of Positive Identification and Credible Testimony in Sexual Assault C

The Supreme Court affirms a rape conviction, underscoring that credible victim testimony outweighs alibi and denial in sexual assault cases.

Feb 21, 2018criminal lawrapecredibility of witnessesalibirevised penal code

Protecting Minors: Rape Conviction Upheld Based on Credible Testimony and Corroborating Evidence

The Supreme Court affirmed a rape conviction built on a child victim's credible testimony and medical findings, stressing that hymenal laceration is not an element of rape.

Feb 20, 2018civil-service-lawconduct-unbecomingcourt-employeeadministrative-casedismissalsheriff

Dismissal for Conduct Unbecoming a Court Employee: The Vasquez Case

Sheriff dismissed for slapping a complainant and threatening her while drunk. The Court explains why private misconduct can end a judicial career.

Feb 20, 2018labor-lawseparation benefitscommission on auditgovernment corporationsepira

Disallowance of Separation Benefits When Contractual Status Impacts Entitlement

Supreme Court affirms COA disallowance of separation pay for period when employee was contractual, but excuses good-faith refund.

Feb 19, 2018criminal-law

Unraveling Conspiracy Establishing Guilt Beyond Reasonable Doubt IN Homicide Cases

Feb 19, 2018arbitrationadr actparty autonomycourt interventionphilippine lawalternative dispute resolution

Upholding Party Autonomy: Court Intervention in Arbitration Proceedings Under the ADR Act

Explore how the Supreme Court protects party autonomy in arbitration, limiting court intervention under the ADR Act of 2004.

Feb 19, 2018labor-lawillegal-dismissalloss-of-trustgross-negligencesecurity-of-tenuresupreme-court

The Delicate Balance: Upholding Employee Rights in Loss of Trust Cases

The Supreme Court clarifies that loss of trust and confidence cannot justify dismissal without proof of the employee's actual accountability.