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显示第 5017–5040 篇,共 24,677 篇文章

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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.

Sep 27, 2017simulated contractsvoid contractsproperty lawfraud of creditorscivil code

Simulated Contracts: When Property Transfers Are Void in the Philippines

The Supreme Court explains when a simulated contract is void, not merely rescissible, using a P50-million property assignment case.

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, 2017maritime lawseafarersdeath benefitspoea-secsuicidelabor law

Suicide and Seafarers' Death Benefits: Proving Intentional Self-Harm in Maritime Claims

When can a shipping company deny death benefits by proving a seafarer committed suicide? The Supreme Court explains the evidentiary standard.

Sep 27, 2017insanity defensehomicidemurderdestructive arsoncriminal lawqualifying circumstances

Insanity Plea and Arson: When Killing Is Homicide, Not Murder, in Philippine Law

The Supreme Court explains the limits of the insanity defense, the proof needed for murder, and when arson is a separate crime.

Sep 27, 2017property-law

DUE Diligence IN Mortgage Contracts Protecting Land Ownership Rights

Sep 27, 2017criminal-lawrobbery-with-homicideconspiracyrevised-penal-codesupreme-court

Accountability for Acts: Criminal Liability in Robbery with Homicide

The Supreme Court clarifies when each participant in a robbery becomes liable for homicide committed on the occasion of the robbery.

Sep 27, 2017criminal lawwarrantless arrestchain of custodydangerous drugsra 9165evidence admissibility

Warrantless Arrests and Drug Evidence: When a Tiny Sachet Leads to Acquittal

The Supreme Court acquits a man of drug possession, stressing strict compliance with Section 21, RA 9165 for minuscule amounts of shabu.

Sep 27, 2017qualified rapestep-parentreclusion perpetuarevised penal codechild protectioncriminal law

Breach of Trust: Legal Consequences of Stepparent Rape in the Philippines

A stepfather's rape of his minor stepdaughter is qualified rape, warranting reclusion perpetua without parole. This case explains the law.

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 26, 2017election-lawcampaign-financeoverspendingcomelecomnibus-election-codesupreme-court

Election Overspending: When Party Membership Limits Campaign Spending in the Philippines

Supreme Court clarifies that party membership alone restricts candidates to the P3.00 per voter spending cap under RA 7166.

Sep 26, 2017administrative-lawgrave-misconductcourt-employeecode-of-conductdismissalethics

Court Employee Dismissed for Grave Misconduct and Impropriety in Aiding Litigant

Supreme Court dismisses clerk of court for grave misconduct, impropriety, and conduct unbecoming a court employee for aiding a litigant.

Sep 26, 2017election-lawlocal-initiativecomeleclocal-government-codedirect-democracysupreme-court

Electoral Rights vs Budgetary Constraints: Protecting People's Legislative Power in Local Governance

The Supreme Court rules that lack of budget cannot defeat local initiative, but propositions must stay within the sanggunian's powers.

Sep 26, 2017notarial lawcode of professional responsibilityadministrative caselawyer disciplinenotary public

Upholding Integrity: A Lawyer's Duty in Notarizing Documents and Avoiding Deceitful Conduct

A lawyer was suspended for notarizing a fictitious deed without a commission and without all parties present. Learn the notarial duties and ethical rules.

Sep 26, 2017administrative lawgrave misconductcourt personnelcode of conductjudicial ethicsoca

When Court Employees Overstep: The Caoili Case on Judicial Misconduct

A clerk of court dismissed for grave misconduct after leaking an unsigned order, procuring lawyers, and receiving monthly payments from a litigant.

Sep 25, 2017rapemoral ascendancyrecantationcriminal lawsupreme court

Moral Ascendancy AS Substitute FOR Violence Rape Conviction Upheld Despite Recantation

Philippine Supreme Court affirms rape conviction based on moral ascendancy, not physical force, despite victim's recantation.

Sep 25, 2017self-defenseunlawful aggressionhomiciderevised penal codesupreme courtcriminal law

Self-Defense Claims in Homicide Cases: What the Supreme Court Requires

The Supreme Court explains why a self-defense plea failed in a fatal shooting, and clarifies the rules on unlawful aggression and damages.

Sep 25, 2017self-defenseunlawful aggressioncriminal lawhomiciderevised penal code

Self-Defense in Philippine Law: The Imperative of Unlawful Aggression

Philippine Supreme Court explains why unlawful aggression is the primordial element of self-defense, and what happens when it is absent.

Sep 25, 2017maritime-lawseafarer-disabilitymedical-abandonmentpoea-secofw-rightsdisability-claims

Medical Abandonment in Seafarer Disability Claims: Upholding Treatment Obligations

Filing a disability claim while still under treatment can backfire. The Supreme Court explains medical abandonment in seafarer cases.

Sep 25, 2017labor-lawprocedural-rulessubstantial-justiceillegal-dismissalunfair-labor-practicesupreme-court

Strikes and Substantial Justice: Balancing Procedure and Workers' Rights in Labor Disputes

The Supreme Court reminds courts that procedural rules should serve, not defeat, substantial justice in labor cases involving workers' rights.

Sep 25, 2017maritime-law

Seafarer Disability Claims Strict Compliance With Post Employment Medical Exam Rule

Sep 25, 2017seafarer disabilitypoea contractpermanent total disabilitylabor lawmedical abandonmentofw rights

Seafarer Disability Claims: Why Filing Too Early Can Jeopardize Total Disability Benefits

Filing a disability claim before the 240-day treatment period ends can be fatal. Learn from the Supreme Court's ruling in C.F. Sharp Crew Management v. Orbeta.

Sep 20, 2017human traffickingreasonable doubtcriminal lawra 9208entrapment operationscorroborating evidence

Reasonable Doubt in Human Trafficking Cases: The Necessity of Corroborating Evidence

The Supreme Court acquits an accused in a trafficking case, stressing that conviction requires proof beyond reasonable doubt, not just a police officer's lone testimony.

Sep 20, 2017contract-lawvenuecivil-proceduresupreme-courtreal-estate-mortgage

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.