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显示第 7273–7296 篇,共 24,703 篇文章

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Feb 11, 2015criminal-lawdangerous-drugschain-of-custodyra-9165buy-bustevidence

Unbroken Chain: Ensuring Drug Evidence Integrity in Philippine Law

The Supreme Court clarifies when procedural lapses in drug evidence custody do not defeat a conviction under RA 9165.

Feb 11, 2015bank deposit secrecyinsolvencyra 1405civil lawcompromise agreementcreditor rights

Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights

Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.

Feb 11, 2015res judicataejectmentcivil proceduresimulated contractvenue

Res Judicata and Missed Appeals: When a Final Ejectment Ruling Bars a Second Case

A final judgment on the merits bars a second ejectment case with the same parties, subject, and cause of action—even if the first ruling used wrong terminology.

Feb 11, 2015res judicataejectmentunlawful detainersimulated contractcivil procedure

Res Judicata Bars Repeat Lawsuits Over the Same Ejectment Dispute

A final judgment on the merits, even if later found erroneous, bars a second ejectment suit involving the same parties, property, and cause of action.

Feb 11, 2015speedy trialprovisional dismissalcriminal proceduredouble jeopardyrules of court

Speedy Trial vs Provisional Dismissal: Balancing Rights in Criminal Proceedings

A Supreme Court ruling clarifies when a case dismissal for denial of speedy trial becomes final, and how provisional dismissal works.

Feb 11, 2015bank secrecyinsolvencycompromise agreementdepositor rightsrelativity of contracts

Bank Deposit Secrecy: Upholding Depositor Rights in Insolvency Proceedings

The Supreme Court rules that a corporation's bank deposits stay confidential in insolvency unless the depositor gives written consent to waive secrecy.

Feb 10, 2015notarial practiceadministrative lawcode of professional responsibilitysupreme courtlawyersnotary public

Notarizing Without Personal Appearance: The Cost of a Breach of Notarial Duty

A notary public who notarizes a deed without the parties appearing before him faces suspension and perpetual disqualification. Learn why.

Feb 9, 2015public dominionexecutionwater districtproperty lawlabor casenha

Public Dominion Property Cannot Be Levied on Execution: Water District Wins

Supreme Court rules water works systems are public dominion property, exempt from execution and auction sale in labor cases.

Feb 9, 2015civil proceduredismissal of actionsrules of courtphilippine lawlitigationcourt procedure

Dismissal of Actions: Balancing Diligence and the Courts Duty in Philippine Legal Proceedings

Philippine courts balance procedural diligence with the duty to decide cases on their merits. This article explains dismissal rules, grounds, and practical guidance.

Feb 9, 2015family-lawprotection-orderra-9262child-custodysupportviolence-against-women

Protection Orders and Marital Discord: Balancing Rights and Remedies Under Philippine Law

The Supreme Court clarifies how permanent protection orders under RA 9262 operate amid marital disputes, custody battles, and claims of compromise.

Feb 9, 2015administrative lawproperty of public dominionwater districtexecution salepublic use

Public Use Prevails: Water System Properties Cannot Be Seized for Private Debts

Supreme Court rules water works systems devoted to public use are property of public dominion, exempt from levy and auction sale.

Feb 9, 2015self-defensemurdertreacherycriminal lawbeyond reasonable doubtrevised penal code

Self-Defense vs. Criminal Intent: Proving Guilt Beyond Reasonable Doubt in Homicide Cases

Philippine Supreme Court ruling clarifies when self-defense fails and how treachery qualifies killing as murder, not homicide.

Feb 9, 2015criminal-lawqualified-rapeincestintimidationparental-authoritysupreme-court

Parental Authority vs Child's Rights: Defining Intimidation in Qualified Rape Cases

Supreme Court clarifies intimidation in incestuous qualified rape, affirming father's conviction for three counts against minor daughter.

Feb 4, 2015criminal lawbuy-bust operationchain of custodyra 9165drug saleacquittal

Challenging Buy-Bust Operations: When Procedural Lapses in Drug Sale Cases Lead to Acquittal

The Supreme Court acquits a drug suspect due to unjustified gaps in the chain of custody, underscoring the importance of preserving evidence integrity.

Feb 4, 2015labor lawappeal bondnlrcillegal dismissalsupreme court

Relaxation of Appeal Bond Requirements in Labor Disputes: Balancing Access to Justice and Protection of Labor

Supreme Court clarifies when the NLRC may relax appeal bond rules in labor cases, balancing employer access to appeal with worker protection.

Feb 4, 2015labor-lawillegal-dismissalfinality-of-judgmentemployee-benefitsretirement-payallowances

Finality of Judgment in Illegal Dismissal: What "Other Benefits" Really Covers

Learn how the Supreme Court ruled on retirement pay and allowances in illegal dismissal cases, and why final judgments are immutable.

Feb 4, 2015tax collectionprescriptiondocumentary stamp taxbirchina banking corporationstatute of limitations

Tax Collection: Government's Right to Collect Taxes Limited by Prescription

Supreme Court rules BIR's right to collect assessed taxes prescribes in three years; inaction bars collection.

Feb 4, 2015civil-servicedishonestyadministrative-lawpublic-servicefraudsupreme-court

Civil Service Exam Fraud: Forged Signatures and Dishonesty in Public Service

Supreme Court ruling on Civil Service exam fraud, forged signatures, and the consequences of dishonesty in public service employment.

Feb 4, 2015agrarian reformjust compensationland valuationeminent domainproperty law

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

Philippine Supreme Court clarifies that agrarian reform just compensation must be valued at the time of taking, not at later dates.

Feb 4, 2015administrative lawjust debtscivil servicecourt employeesethicsoca

Upholding Ethical Conduct: Failure to Pay Just Debts as a Breach of Public Trust

Court stenographer reprimanded for willful failure to pay just debts; the Supreme Court clarifies the definition under civil service rules.

Feb 4, 2015chain of custodyra 9165drug casesbuy-bust operationcorpus delicticriminal law

Chain of Custody in Drug Cases: Why Unmarked Evidence Means Acquittal

The Supreme Court acquits a drug suspect because police failed to mark seized sachets, breaking the chain of custody and casting doubt on the evidence.

Feb 4, 2015maritime-law

Third Doctor Referral Requirement Upholding Company Doctors Fitness Certification IN Seafarer Disability Claims

Feb 4, 2015agrarian reformacquisitive prescriptionland ownershipjust compensationra 6657land bank

Agrarian Reform vs Acquisitive Prescription: Resolving Land Ownership Disputes in the Philippines

When agrarian reform and acquisitive prescription collide, the Supreme Court clarifies which principle governs land ownership disputes.

Feb 4, 2015legal ethicsadministrative caselawyer disciplinefalse affidavitcode of professional responsibility

Upholding Honesty in Legal Practice: Consequences for Submitting False Affidavits

The Supreme Court suspends a lawyer for six months for submitting a falsified affidavit in court, reaffirming the duty of candor and integrity in legal practice.