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显示第 4777–4800 篇,共 24,676 篇文章

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Jan 19, 2018dangerous drugs actillegal salechain of custodywitness credibilitybuy-bust operation

Upholding a Drug Sale Conviction: Witness Credibility and Chain of Custody

In People v. Flor, the Supreme Court affirmed a drug sale conviction, showing how courts weigh witness credibility and substantial compliance with chain of custody.

Jan 19, 2018maritime-lawseafarer-rightsdisability-benefitslabor-lawpoea-contractsupreme-court

Seafarer Disability Claims: The 120-240 Day Rule for Medical Assessments

Understand the 120-240 day rule for company-designated physician assessments in seafarer disability claims, explained through a 2018 Supreme Court ruling.

Jan 19, 2018statutory rapecarnal knowledgeacts of lasciviousnessra 7610criminal law

When Is Touching Rape: Defining Carnal Knowledge in Statutory Rape Cases

Supreme Court clarifies that mere touching of the vagina is not enough for statutory rape—there must be proof of penile penetration.

Jan 18, 2018property lawtorrens titleexpropriationlocal ordinanceejectmentright of way

Private Roads and Public Use: When a Local Ordinance Cannot Convert Private Property

A local ordinance cannot convert a private road into public property without donation, purchase, or expropriation. The Supreme Court explains.

Jan 17, 2018agrarian reformredemptionprocedural rulesrule 43rule 45certiorari

Untimely Appeal and Strict Procedural Rules in Agrarian Redemption Cases

Philippine Supreme Court affirms dismissal of an agrarian redemption appeal filed out of time, stressing strict compliance with Rule 43 and Rule 45.

Jan 17, 2018agrarian reformspecial agrarian courtinjunctiondarcarpjurisdiction

When Courts Cannot Stop Agrarian Reform: The Antig v. Antipuesto Ruling

The Supreme Court clarifies the limits of Special Agrarian Court jurisdiction and the absolute ban on injunctions against DAR in CARP implementation.

Jan 17, 2018sovereign immunitylocal governmentpolice powerbusiness permitclosure orderdamages

Sovereign Immunity Prevails: City Not Liable for Closure Order Without Consent

Supreme Court rules a city cannot be sued for damages over a closure order without its consent, affirming sovereign immunity principles.

Jan 17, 2018tax refundwithholding taxphilippine airlinesctatax exemptionfranchise

Tax Refund Claims: When Remittance Proof Isn't Required for Exempt Taxpayers

Philippine Airlines' tax refund case clarifies when proof of remittance is needed and how CTA reviews administrative claims.

Jan 17, 2018civil-proceduresummonsjurisdictionservice-of-summonsrule-14default-judgment

Defective Summons When Improper Service Nullifies Court Jurisdiction

When service of summons misses the persons listed in Rule 14, Section 11, the court never gains jurisdiction—even if a secretary accepts the papers.

Jan 17, 2018common carriersnegligenceextraordinary diligencequasi-delicttraffic lawdamages

Extraordinary Diligence and Presumed Negligence in Common Carrier Accidents

A bus company's duty of extraordinary diligence extends beyond passengers to other road users, and traffic violations create a presumption of negligence.

Jan 17, 2018criminal-lawillegal-drugsanimus-possidendira-9165possessionjurisprudence

Beyond Possession: Establishing Animus Possidendi in Drug Cases

The Supreme Court clarifies what it takes to prove animus possidendi in illegal drug possession cases under RA 9165.

Jan 17, 2018civil registrycorrection of entriesrule 108change of namerepublic act 9048republic act 10172

Correcting Civil Registry Entries: Name and Sex Amendments in the Philippines

The Supreme Court clarifies when name and sex corrections in birth certificates are clerical errors under Rule 108, not changes of name.

Jan 17, 2018forgerynotarized documentsburden of proofproperty disputecivil lawsupreme court

Challenging Notarized Documents: Forgery and the Burden of Proof in Property Disputes

A notarized deed is presumed valid, but clear and convincing evidence of forgery can void it. Learn the rules from a 2018 Supreme Court ruling.

Jan 17, 2018criminal-lawdangerous-drugschain-of-custodybuy-bust-operationra-9165section-21

Chain of Custody Safeguarding Drug Evidence and Protecting Rights in Illegal Sale Cases

The Supreme Court acquits two accused in a shabu sale case, stressing that gaps in the chain of custody create reasonable doubt.

Jan 17, 2018construction lawcontractsciacarbitrationbreach of contractcivil code

Perfected Construction Contract Award Trumps Suspension

A bidder's acceptance of a notice to proceed perfects a construction contract; a later suspension does not undo it. The Supreme Court explains.

Jan 17, 2018labor-only contractingemployer-employee relationshipillegal dismissallabor lawnominal damagesphilippine supreme court

Employer Liability in Labor-Only Contracting: Allied Banking Corp. v. Calumpang

When a bank's janitorial contractor is a labor-only contractor, the bank becomes the true employer—liable for illegal dismissal claims.

Jan 16, 2018administrative lawdue processbank secrecybspdiscoveryra 1405

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Jan 16, 2018judicial misconductgrave misconductretirement benefitscode of judicial conductadministrative lawsupreme court

Judicial Misconduct and Loss of Retirement Benefits: Upholding Ethical Standards in the Philippine Judiciary

A judge who assaulted a neighbor lost all retirement benefits. The Supreme Court explains why judicial temperament matters.

Jan 15, 2018self-defensecriminal lawhomicidemurdertreacheryrevised penal code

Self-Defense Claims and the Limits of Justification: The Panerio Case

The Supreme Court clarifies when self-defense fails and why multiple wounds negate it, reducing murder to homicide.

Jan 15, 2018civil procedurefinality of judgmentrules of courtmotion for reconsiderationservice of pleadings

Finality of Judgments: Why Procedural Rules Matter in Philippine Litigation

A Supreme Court ruling on how improper service of a motion for reconsideration can make a judgment final and executory, barring recovery.

Jan 15, 2018civil procedurefinality of judgmentservice of pleadingsrules of courtmotion for reconsideration

Finality of Judgments: Why Procedural Rules on Service of Motions Cannot Be Ignored

A bank's appeal was dismissed for defective service of its motion for reconsideration. The Supreme Court explains why procedural rules matter.

Jan 15, 2018criminal lawself-defensetreacheryhomiciderevised penal codesupreme court

Supreme Court on Self-Defense and Treachery in Homicide Cases

The High Court clarifies when self-defense fails and why treachery cannot be presumed in killings.

Jan 15, 2018civil-procedurerules-of-courtmotion-for-reconsiderationservice-of-pleadingsfinality-of-judgment

Untimely Filing: The High Cost of Ignoring Procedural Rules in Philippine Courts

A bank's appeal was dismissed because its motion for reconsideration was served by private courier without proper proof. Learn the procedural rules.

Jan 11, 2018corporation-lawcorporate-dissolutionguarantor-liabilitydirectors-as-trusteescorporation-codesupreme-court

Corporate Dissolution Directors As Trustees and Guarantor Liability After Corporate Revocation

Explains Reyes v. Bancom: corporate revocation doesn't abate suits, directors act as trustees, and guarantors remain liable.