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显示第 5041–5064 篇,共 24,677 篇文章

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Sep 20, 2017chain of custodydangerous drugsra 9165drug evidencebuy-bust operationcriminal law

Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect after police failed to mark seized shabu, stressing the chain of custody rule under RA 9165.

Sep 20, 2017property-lawland-registrationpd-1529surrender-of-titlertc-jurisdictiontorrens-system

Surrender of Title Broadening RTC Jurisdiction in Land Registration Disputes

The Supreme Court clarifies that Regional Trial Courts, as land registration courts, can hear contentious cases involving surrender of title under PD 1529.

Sep 20, 2017venuemotion to dismisscivil proceduremortgageexclusive venue stipulation

Exclusive Venue Stipulations in Mortgage Contracts: When a Motion to Dismiss Must Be Granted

The Supreme Court clarifies when an exclusive venue stipulation in a mortgage contract binds parties and requires dismissal of a case filed elsewhere.

Sep 20, 2017real-estate-lawvenuemortgagecivil-proceduresupreme-courtcontracts

Exclusive Venue Stipulations in Real Estate Mortgages: When They Bind the Parties

The Supreme Court clarifies when exclusive venue clauses in real estate mortgages are binding, even if borrowers challenge loan terms.

Sep 20, 2017criminal lawchain of custodydangerous drugsra 9165buy-bust operationevidence

Chain of Custody in Drug Cases: Why Evidence Integrity Is Paramount

The Supreme Court acquits a drug suspect because police failed to establish an unbroken chain of custody, underscoring why evidence integrity is paramount.

Sep 20, 2017murdertreacheryevident premeditationrevised penal codecriminal lawsupreme court

Treachery Prevails Establishing Murder Without Evident Premeditation in Philippine Law

The Supreme Court clarifies when treachery—not evident premeditation—qualifies a killing as murder under Article 248 of the Revised Penal Code.

Sep 20, 2017arbitrationalternative dispute resolutioninsurance lawprotection and indemnityadr lawmulti-party disputes

Enforcing Arbitration Agreements: How Philippine Courts Handle Multi-Party Disputes

The Supreme Court clarifies that courts must refer arbitration-bound parties to arbitration even when other parties in the same case are not covered.

Sep 19, 2017due processcommission on auditgovernment accountabilityadministrative lawnegligencebangko sentral ng pilipinas

Good Faith vs Gross Negligence: Due Process in Government Benefit Disallowances

The Supreme Court nullified a COA decision holding BSP officers liable for cash shortage, ruling that due process was violated when the Commission treated a request for opinion as a complaint.

Sep 19, 2017administrative-law

When Approving Loans Doesnt Equal Liability Protecting Officials From Unfair Disallowances

Sep 19, 2017due processcommission on auditadministrative lawbangko sentral ng pilipinascash shortageombudsman

Due Process Prevails: COA Decision Overturned for Lack of Fair Hearing

The Supreme Court annulled a COA ruling that held BSP officers liable for a cash shortage without affording them due process.

Sep 18, 2017civil-law

CO Ownership AND THE Right TO Alienate Understanding Property Partition IN THE Philippines

Sep 18, 2017land registrationpublic land actalienable and disposablejudicial confirmation of titleproperty registration decree

Land Registration: Proving Alienable and Disposable Status and Continuous Possession

When can long possession overcome the lack of a DENR certification in land registration cases? The Supreme Court explains.

Sep 18, 2017labor-lawillegal-dismissalaffidavits-of-retractionnlrcsubstantial-evidencejust-cause

Affidavits of Retraction and Evidence in Illegal Dismissal Cases: PNB v. Gregorio

Supreme Court clarifies how courts review NLRC rulings and how affidavits of retraction are treated in illegal dismissal cases.

Sep 18, 2017land registrationproperty lawimperfect titlepublic land actsupreme court

Perfecting Imperfect Titles: Open Possession and Land Registration in the Philippines

How the Supreme Court ruled that long, open possession of land can be confirmed as title, even without a DENR certification.

Sep 18, 2017property-lawland-registrationimperfect-titlepublic-land-actpossessionsupreme-court

Perfecting Imperfect Titles: Possessory Rights and Land Registration in the Philippines

The Supreme Court clarifies when long possession can confirm imperfect titles, even without a DENR certification, in Republic v. Noval.

Sep 14, 2017estafacorporate liabilityloan agreementsrevised penal codesupreme court

Estafa Corporate Liability vs Personal Liability in Loan Agreements

When is a corporate officer personally liable for estafa in a loan deal? The Supreme Court clarifies the line between criminal fraud and civil debt.

Sep 14, 2017civil-lawproperty-saleforgerynotarized-documentscontract-validityundue-influence

Upholding Contract Validity Against Claims of Forgery and Incapacity in Property Sales

Philippine Supreme Court ruling on proving forgery, mental incapacity, and undue influence when challenging notarized property sales.

Sep 14, 2017criminal-law

Estafa AND Corporate Liability When Does Breach OF Contract Become A Crime

Sep 13, 2017construction lawcontract terminationciacdpwhpayment claimsarbitration

Mutual Contract Termination Does Not Waive Payment Claims in Construction Disputes

Supreme Court ruling on DPWH v. CMC/Monark Joint Venture clarifies that mutual termination of a construction contract does not extinguish valid payment claims.

Sep 13, 2017administrative lawlocal government codemunicipal appointmentscivil serviceappropriation ordinancemenro

Optional Positions and Local Government Authority: Budgetary Allocation Required for Municipal Appointments

The Supreme Court clarifies that appointments to optional LGU positions like the MENRO require both sanggunian concurrence and a valid appropriation ordinance.

Sep 13, 2017criminal lawchain of custodydrug casespresumption of innocencera 9165evidence

Safeguarding Rights Chain of Custody in Drug Cases and the Presumption of Innocence

The Supreme Court acquits a drug possession convict, ruling that police lapses in chain of custody defeat the presumption of regularity.

Sep 13, 2017criminal-lawrapevictim-testimonycredibilityevidencesupreme-court

Rape Conviction Upheld: Why Victim Testimony and Credibility Matter in Sexual Assault Cases

The Supreme Court affirms a rape conviction, explaining why a child victim's credible testimony outweighs denial, alibi, and inconclusive medical findings.

Sep 13, 2017writ of possessionextrajudicial foreclosureact no. 3135property lawsubsequent purchaserrule 39

Writ of Possession for Subsequent Property Purchasers After Foreclosure

Learn when subsequent purchasers of foreclosed property can obtain a writ of possession, and the hearing requirement under Philippine law.

Sep 13, 2017criminal-lawmastermindcarnappingrobberyconspiracyrevised-penal-code

Mastermind Liability When Inducement Leads to Robbery and Carnapping

When a mastermind induces others to commit robbery and carnapping, Philippine law holds them fully liable for all consequences.