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显示第 4993–5016 篇,共 24,677 篇文章

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Oct 9, 2017chain of custodyra 9165dangerous drugsbuy-bust operationreasonable doubtcriminal law

Chain of Custody in Drug Cases: Why Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect after police breached chain of custody rules under RA 9165, stressing evidence integrity.

Oct 4, 2017criminal laweyewitness testimonyreasonable doubtidentificationpeople v nunez

Unreliable Eyewitness Testimony and Reasonable Doubt in Philippine Criminal Law

The Supreme Court acquits an accused when eyewitness identification is unreliable, citing the frailty of human memory and suggestive procedures.

Oct 4, 2017unlawful detainerdemand letterejectmentlease expirationproperty law

Expiration vs Non-Payment: Demand Letter Requirements in Unlawful Detainer Cases

Philippine Supreme Court clarifies when a demand letter is required before filing an unlawful detainer case, distinguishing lease expiration from non-payment.

Oct 4, 2017government procurementadministrative lawpublic officersgross neglect of dutynegotiated procurementombudsman

Supreme Court Ruling on Government Procurement and Public Officer Liability

The Supreme Court clarifies when a public officer's procurement violations constitute gross neglect of duty rather than grave misconduct.

Oct 4, 2017criminal lawhomicidemurdertreacheryrevised penal codesupreme court

Accidental Shooting or Intentional Harm: Distinguishing Homicide From Murder in Philippine Law

The Supreme Court explains when a fatal shooting is homicide, not murder, and why the information must allege treachery as a fact.

Oct 4, 2017labor-lawillegal-dismissalconstructive-dismissalstatus-quonlrcsupreme-court

Maintaining Labor Peace: The Duty to Preserve Status Quo During Labor Disputes

Learn how the Supreme Court protects employees from illegal dismissal and clarifies the duty to maintain the status quo during labor disputes.

Oct 4, 2017labor-lawmotion-for-reconsiderationnlrcproceduresupreme-courtretirement-benefits

When a Motion for Reconsideration Is Not a Second Bite at the Apple

Philippine Supreme Court clarifies that a motion for reconsideration of a decision that substantially reverses an earlier ruling is not prohibited.

Oct 4, 2017express warrantyproperty saleroad wideningcivil lawbreach of warrantyphilippine supreme court

Breach of Express Warranty When Road Widening Impacts Property Sales in the Philippines

Philippine Supreme Court clarifies that express warranties in deeds of sale differ from implied warranty against eviction, entitling buyer to refund.

Oct 4, 2017unlawful detainerejectmentdemand letterleaseverbal leaselabor-law

When Verbal Termination of Lease Ends the Need for a Demand Letter in Unlawful Detainer

The Supreme Court clarifies when a demand letter is unnecessary in unlawful detainer cases, particularly involving month-to-month verbal leases.

Oct 4, 2017property lawpreliminary injunctionroad accessgovernment propertycivil law

Property Rights vs Public Use: Resolving Road Access Disputes

When can a government hospital close a road on its titled property? The Supreme Court clarifies the limits of preliminary injunctions in access disputes.

Oct 3, 2017legal ethicscode of professional responsibilitylawyer suspensionadministrative caseunauthorized compromisespecial power of attorney

When a Lawyer Exceeds Authority: Suspension for Unauthorized Sale of Client’s Property

The Supreme Court suspended a lawyer for two years for selling a client's property without authority, violating Canons 5, 15, and 17 of the CPR.

Oct 2, 2017land registrationproperty registration decreealienable and disposablepublic domainjudicial confirmation of titlepd 1529

Proving Alienable and Disposable Land Status for Title Confirmation

Land registration fails without proof the property is alienable and disposable. Republic v. Nicolas explains the required evidence.

Oct 2, 2017legal ethicscode of professional responsibilityadministrative caselawyer disciplineclient trust

Lawyer’s Neglect and Misappropriation of Client Funds: A Lesson in Professional Responsibility

When a lawyer fails to process a client’s title and keeps the fees, the Supreme Court steps in with suspension and restitution.

Oct 2, 2017maritime-lawseafarer-rightsdisability-benefitsmental-healthpoea-contractlabor-law

Mental Health at Sea: Employer Liability for a Seafarer's Bipolar Disorder

A Supreme Court ruling on when a seafarer's bipolar disorder is compensable under the POEA contract and what employers must prove to avoid liability.

Oct 2, 2017legal ethicscode of professional responsibilitylawyer disciplinenotarial practiceclient funds

When Lawyers Fail Clients: Trust, Diligence, and the Consequences of Neglect

A lawyer's failure to handle a client's funds and legal work can lead to suspension. Learn from a recent Supreme Court ruling.

Oct 2, 2017illegal recruitmentestafacriminal lawcorporate fraudra 8042ra 10951

Beyond Mismanagement When Corporate Decisions Dont Amount TO Criminal Fraud

The Supreme Court clarifies the line between illegal recruitment and estafa, and when corporate decisions cross into criminal fraud.

Oct 2, 2017legal ethicscode of professional responsibilitylawyer disciplinecapital gains taxnotary public

When a Lawyer Takes Client Funds for Taxes: Lessons from Ojales v. Villahermosa

A lawyer who received P21,280 for capital gains tax and title processing but did nothing was suspended. Learn the ethical rules.

Oct 2, 2017agrarian reformjust compensationeminent domaindue processland valuationra 6657

Just Compensation and Due Process in Agrarian Reform: Valuing Land at the Time of Taking

The Supreme Court rules that just compensation for agrarian reform land must be valued at the time of taking, not at outdated dates, and that gross undervaluation violates due process.

Sep 27, 2017labor-lawillegal-dismissalserious-misconductterminationemployee-rightsnlrc

Misconduct vs Termination: Balancing Employee Rights and Employer Authority in the Philippines

Philippine Supreme Court clarifies when employee misconduct justifies termination, and when it does not, in Fabricator Philippines v. Estolas.

Sep 27, 2017criminal-lawrapequalified-rapewitness-credibilityalibisupreme-court

Minor Witness Testimony in Rape Cases: Credibility and Its Impact on Justice

How courts assess a minor rape victim's testimony, why it can sustain a conviction, and the rules on alibi, force, and damages.

Sep 27, 2017property-law

DUE Diligence IN Mortgage Contracts Protecting Land Ownership Rights

Sep 27, 2017filiationinheritancebaptismal certificatefamily codepartitionsupreme court

Baptismal Certificates and Filiation: Proving Legal Parentage in Inheritance Disputes

Philippine Supreme Court clarifies that baptismal and marriage certificates alone cannot prove filiation for inheritance claims, citing Family Code rules.

Sep 27, 2017real estateinstallment buyersrefundpd 957ra 6552hlurb

Protecting Installment Buyers: Refund Rights When Promised Amenities Fail

Buyers who paid at least two years of installments can claim refunds when developers fail to deliver promised amenities like golf courses.

Sep 27, 2017criminal-lawdangerous-drugschain-of-custodysection-21-ra-9165warrantless-arrestevidence

Challenging Drug Evidence: Strict Compliance for Miniscule Amounts

When only a tiny amount of drugs is seized, courts demand strict compliance with Section 21 of RA 9165. A conviction was overturned for marking lapses.