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显示第 5137–5160 篇,共 24,677 篇文章

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Aug 16, 2017criminal-lawdangerous-drugschain-of-custodyreasonable-doubtra-9165buy-bust-operation

Reasonable Doubt in Drug Cases: Why a Broken Chain of Custody Leads to Acquittal

The Supreme Court acquits a drug suspect because the prosecution failed to prove every link in the chain of custody, reaffirming strict compliance with Section 21 of RA 9165.

Aug 16, 2017criminal lawfalsificationpublic documentsrevised penal codeanti-graftsandiganbayan

Falsification of Public Documents: Duty, Damage, and the Limits of Reliance

When does altering a date on a purchase order become falsification? The Supreme Court explains the limits of good-faith reliance for public officers.

Aug 15, 2017legal ethicsdisbarmentcode of professional responsibilitylawyer negligencesupreme court

Supreme Court Fines Disbarred Lawyer for Neglect of Client Duties

The Supreme Court fined a disbarred lawyer P40,000 for neglecting clients after accepting P350,000 in fees, ruling no double disbarment applies.

Aug 15, 2017criminal-lawplea-bargainingdangerous-drugsconstitutional-lawsupreme-courtrules-of-court

Supreme Court Upholds Judicial Power Over Plea Bargaining in Drug Cases

The Supreme Court strikes down Section 23 of RA 9165 as unconstitutional, affirming exclusive judicial authority over plea bargaining rules.

Aug 14, 2017writ of possessionextrajudicial foreclosureact no. 3135real estate mortgageministerial dutyphilippine supreme court

Writ of Possession After Foreclosure: A Ministerial Duty, Not a Discretionary Act

The Supreme Court affirms that issuing a writ of possession after extrajudicial foreclosure is ministerial once the buyer consolidates ownership, regardless of collateral challenges.

Aug 14, 2017maritime-lawseafarer-disabilitypoea-seccompany-designated-physiciandisability-benefitssupreme-court

Company-Designated Physician's Fitness Declaration Prevails in Seafarer Disability Claims

Supreme Court rules company-designated physician's fit-to-work assessment binds seafarer unless properly disputed under POEA-SEC procedure.

Aug 14, 2017writ of possessionextrajudicial foreclosureact no. 3135mortgageministerial dutybanking and finance

Writ of Possession Is Ministerial Duty Even If Mortgage Validity Is Challenged

Supreme Court rules writ of possession is a ministerial duty after foreclosure consolidation, regardless of challenges to mortgage validity or lender authority.

Aug 9, 2017contract-lawbreach-of-contractliquidated-damagessupreme-courtproperty-developmentconstruction

Right of Way vs Contractual Obligations: Enforcing Compromise Agreements in Property Development

Philippine Supreme Court clarifies when courts may review factual findings and how contractual penalties are reduced in breach cases.

Aug 9, 2017criminal-law

Overseas JOB Scams Safeguarding Filipinos From Illegal Recruitment Syndicates

Aug 9, 2017contract-lawconstructionbreach-of-contractdamagesscope-of-worksupreme-court

Breach of Contract: Defining Scope of Work and Assessing Damages in Construction Agreements

Philippine Supreme Court clarifies how to define scope of work and compute damages when a contractor breaches a construction agreement.

Aug 9, 2017contracts

Construction Contracts Upholding Arbitration AND Fair Compensation Despite Contractual Ambiguity

Aug 9, 2017qualified-rapemoral-ascendancystep-parentrevised-penal-codecriminal-law

Qualified Rape: Moral Ascendancy as Substitute for Force in Step-Parent Abuse

Step-parent moral ascendancy can substitute for force in qualified rape, as shown in People v. De Guzman.

Aug 9, 2017maritime lawseafarers rightsdisability compensationpoea-secwork-related illness

Seafarers' Disability Claims: Proving Work-Relatedness and Compensability

The Supreme Court clarifies the distinction between work-relatedness and compensability in seafarers' disability claims under the 2000 POEA-SEC.

Aug 9, 2017administrative-law

Epira AND Psalm Defining Ownership AND Authority IN Power Sector Assets

Aug 9, 2017civil-law

Balancing Property Rights When Homeowner Access Clashes With Association Control

Aug 9, 2017maritime lawseafarer disabilitypoea-secwork-related illnessdisability benefitslabor law

Weighing Medical Opinions: Company Doctors vs Private Physicians in Seafarer Disability Claims

The Supreme Court clarifies when a company-designated physician's findings prevail over a private doctor's assessment in seafarer disability claims.

Aug 9, 2017property lawforeclosurewrit of possessioncivil codeownershipthird party claims

Writ of Possession in Foreclosure: When a Third Party's Claim Fails

Explains when a third party can block a writ of possession after foreclosure, and why a mere waiver of rights does not transfer ownership.

Aug 9, 2017criminal-lawdying-declarationabuse-of-superior-strengthhomicideevidencerules-of-court

Dying Declarations and Abuse of Superior Strength: Homicide, Not Murder, in People v. Santillan

The Supreme Court clarifies when a dying declaration is admissible and when numerical superiority does not amount to abuse of superior strength.

Aug 9, 2017labor-lawregular-employmentindependent-contractorcontrol-testillegal-dismissalfour-fold-test

Regular Employment vs Independent Contractor: The Control Test in Philippine Labor Disputes

The Supreme Court clarifies when construction workers are regular employees, not independent contractors, using the four-fold test and control test.

Aug 9, 2017judicial conductcode of judicial conductadministrative caseconduct unbecoming a judgesupreme courtphilippine judiciary

When a Judge's Business Dealings Amount to Conduct Unbecoming a Judge

The Supreme Court fined a judge P5,000 for selling rice to court employees, ruling it violated judicial conduct rules on financial dealings.

Aug 9, 2017family lawpaternitychild supportfiliationfamily codesupreme court

Establishing Paternity in Support Cases: Protecting Children's Rights to Filiation and Support

Philippine Supreme Court clarifies that mothers may file support cases directly, with paternity issues resolved within the same proceedings.

Aug 9, 2017ombudsmangraftprobable causecertiorariadministrative lawcriminal law

Ombudsman's Discretion Upheld in Dismissing Graft Charges Absent Concrete Evidence

Supreme Court affirms Ombudsman's dismissal of graft charges against Nueva Ecija officials, citing lack of probable cause and procedural finality.

Aug 9, 2017qualified rapemoral ascendancystep-parentrevised penal codecriminal lawsupreme court

Moral Ascendancy in Qualified Rape: How Step-Parents Breach Trust

The Supreme Court affirms that a step-parent's moral ascendancy can substitute for force and intimidation in qualified rape cases.

Aug 9, 2017corporate rehabilitationfriainsolvency lawsupreme courtfinancial viabilityland bank v. fastech

Rehabilitation Denied: The Imperative of Financial Viability in Corporate Recovery

Philippine Supreme Court ruling clarifies that corporate rehabilitation requires proven financial viability, not just creditor payment delays.