The police officers were obliged to give the appellant notice, show to her their authority, and demand that they be allowed entry. They may only break open any outer or inner door or window of a house to execute the search warrant if, after suc...

As to the third element of a violation of Section 3 (e) of RA 3019 or the Anti-Graft and Practices Act, the Court finds that the same is also absent. Case law identifies the two ways by which said section  may be committed, namely: (a) cau...

In order to secure a conviction of an accused under Section 32 of Republic Act No. 7166, the prosecution must prove that: (a) the person is bearing, carrying, or transporting firearms or other deadly weapons; (b) such possession occurs during t...

In this 2024 decision, the Supreme Court recognized another classification of employment which is the fixed-term. A fixed-term employment is an arrangement wherein an employee is hired for projects with pre-determined completion or in a work wh...

It is necessary that a conspirator should have performed some overt act as a direct or indirect contribution to the execution of the crime committed. The overt act may consist of active participation in the actual commission of the...

An employer cannot legally be compelled to continue with the employment of a person admittedly guilty of gross negligence in the performance of his duties. This holds true specially if the employee's continued tenure is patently inimical to the...

The absence of the insulating witnesses at the time of apprehension and for approximately 30 minutes thereafter constituted a significant gap in the chain of custody, which casts reasonable doubt as to the identity and integrity of the corp...

A disappearance has a doubly paralyzing impact: on the victim, who is removed from the protection of the law, frequently subjected to torture and in constant fear for their lives; and on their families, ignorant of the fate of their loved ones,...

For the valid issuance of a search warrant, specific requisites must be met to prevent abuse of power, viz.: (1) probable cause is present; (2) such probable cause must be determined personally by the judge; (3) the judge must examine, in writi...

The mental disability of the victim was not disputed. However, the victim's level of disability has not been equated to a specific "mental age."   Evidence must be adduced to aid the court in determining not only the existence of the illne...

It is true that under Section 481 of R.A. No. 7160, otherwise known as the "Local Government Code of 1991," a legal officer, such as Mata, is required to render his opinion on any question of law when requested to do so by his appointing author...

Areferral to a third doctor is mandatory when: (1) there is a valid and timely assessment by the company-designated physician, and (2) the seafarer-appointed doctor refuted such assessment.  A  seafarer's compliance with the POEA-SEC ...

In summary, given the prosecution's inability to prove that Balagtas enjoyed the higher degree of confidence of Visatech, her conviction for the crime of theft cannot be aggravated to qualified theft. The failure to establish this element rende...

This 2024 decision of the Supreme Court ruled that cultivating the land of another does not automatically mean that an agricultural leasehold relation arises between the tiller and the landowner. The party claiming to be an agricultural lessee ...

It is common design which is the essence of conspiracy — conspirators may act separately or together, in different manners but always leading to the same unlawful result. The character and effect of conspiracy are not to be adjudged by dismembe...

A plain reading of the fourth portion or last paragraph of Section 31 conveys that the developer is required to donate the roads, alleys, sidewalks, and playgrounds to the local government unit. There is no mention of other open spaces, such as...

This begs the question as to whether it was Cosme's burden to prove the existence of a valid license in favor of his employer in addition to the DDO that it had issued to him. Phrased differently, may a PSP be held guilty of illegal possession ...

It must be recapitulated that based on the rules and jurisprudence, the aggrieved or injured innocent spouse of either marriage has the sole right to file the petition for the declaration of nullity of the bigamous marriage. Proceeding therefro...

Here, accused-appellant/s are charged with "caus[ing] undue injury to the Municipality of Barlig, Mountain Province by causing the" implementation of the Open Gym and Pathway projects.Clearly, accused-appellant...

As a general rule, a buy-bust operation, considered as a form of entrapment, is a valid means of arresting violators of Republic Act No. 9165. It is an effective way of apprehending law offenders in the act of committing a crime. In a buy-bust ...

In this 2024 Decision of the Supreme Court, it declared void the transfers of ownership, rights, or possession over lands acquired pursuant to Presidential Decree 27 (PD 27).  It also emphasized that any waiver and transfer...

There have been many cases discussing the distinction between actions for unlawful detainer and those for forcible entry. However, the common thread has always been the Court's consistent adoption of the following precept—the border between for...

This is the 2024 Supreme Court decision laying down the  four-fold test to determine whether to apply absolute privilege to statements made in the course of quasi-judicial proceedings, or in steps necessarily preliminary thereto.#qu...

Any public officer or employee who knowingly approves or assists in securing a decision allowing reconstitution in favor of any person not entitled thereto shall be subject to criminal prosecution and, upon conviction, shall be liable for impri...

This is a 2024 decision by the Philippine Supreme Court acquitting Joel Pancho Bigcas  of violation of Section 3(c) of Republic Act No. 3019.  It ruled that  it is clear that Bigcas did not act with dishonest or fraudulent purpos...