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Showing 2809–2832 of 19,035 articles for “up”

Chain of Custody in Drug Cases: Why Missing Witnesses Can Mean Acquittal

The Supreme Court acquitted a drug possession convict because police failed to secure required witnesses during inventory. Learn the chain of custody rules.

When Banks Can Freeze a Deceased Depositor's Account: Allied Bank v. Sia

Supreme Court clarifies when banks may freeze accounts after a depositor's death, protecting estates and preventing premature withdrawals.

Authenticity Matters: Reconstitution of Title Denied Due to Questionable Decree

The Supreme Court denied a petition to reconstitute an original certificate of title after finding the supporting decree riddled with defects that cast doubt on its authenticity.

Retirement Pay Law Prevails Over Company Manual in Optional Retirement Case

Supreme Court rules company retirement plans cannot provide benefits lower than the Labor Code's minimum under Article 287.

Competitive Bidding in Government Contracts: When Negotiated Procurement Is Allowed

A look at the Supreme Court's ruling on when negotiated procurement is valid under R.A. 9184, and the limits of Ombudsman discretion in finding probable cause.

Optional Retirement Pay Must Meet Labor Code Minimum, SC Rules in University of Cebu Case

Supreme Court rules company retirement plans cannot give less than the Labor Code's 22.5 days per year of service minimum.

Forcible Entry: Prior Physical Possession Prevails Over Claims of Ownership

Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who may seek ejectment.

Emergency Procurement vs Graft: When Urgency Excuses Protocol

The Supreme Court clarifies when negotiated procurement during calamities is justified and how it affects criminal liability for graft charges.

Illegal Dismissal of Probationary Employee: When Performance Ratings Are a Subterfuge

Supreme Court affirms illegal dismissal ruling where probationary employee's poor rating was a sham, entitling him to backwages and damages.

Upholding Integrity Dismissal FOR Dishonesty AND Neglect IN Handling Judiciary Funds

Election Offenses: The 45-Day Ban on Releasing Public Funds for Livelihood Programs

Supreme Court clarifies the 45-day election ban on public fund releases covers LGU livelihood programs, not just DSWD projects.

Chain of Custody in Drug Cases: Why Missing Witnesses Can Overturn a Conviction

Philippine Supreme Court acquits drug possession convict because police failed to justify the absence of required witnesses during inventory.

Mutuality of Contracts: When Banks Cannot Unilaterally Change Interest Rates

Philippine Supreme Court ruling on banks' unilateral interest rate hikes violating mutuality of contracts under Article 1308, Civil Code.

Conditional Sales and Default: When Unpaid Balances Void Property Claims

A buyer who fails to pay the balance in a contract to sell loses rights to the property, as the Supreme Court affirmed in Mandin-Trotin v. Bongo.

Safeguarding Liberty: The Vital Witness Requirements in Drug Cases

The Supreme Court acquits a drug suspect because police failed to secure required witnesses during inventory, reaffirming strict compliance with Section 21, RA 9165.

Presidential Authority vs COA Oversight: Healthcare Benefits for Government Employees

Supreme Court ruling on when the President's approval of employee healthcare benefits still yields to COA audit rules and regulations.

Antedating Court Documents: Supreme Court Dismisses Sheriff for Grave Misconduct

The Supreme Court dismissed a sheriff for antedating affidavits, ruling that tampering with court records is grave misconduct eroding public trust.

Attorney Disciplinary Actions: When Private Misconduct Leads to Disbarment

The Supreme Court disbarred a lawyer for gross immorality, dishonesty, and deceitful conduct, clarifying the boundaries of professional conduct.

Speed Limits and Local Governance: When Public Safety Measures Fail Legal Scrutiny

The Supreme Court voids a municipal speed limit ordinance for non-compliance with publication and RA 4136, underscoring the rule of law in local governance.

Presidential Power vs Community Rights Clarifying Land Disposition in the Philippines

Supreme Court upholds President's power to withdraw public land from disposition, clarifying limits of community rights in land allocation.

Seafarer Disability Claims: When the Company Doctor's Assessment Prevails

The Supreme Court clarifies when a company-designated physician's fitness-to-work assessment binds a seafarer, even if the seafarer's own doctor disagrees.

Reasonable Doubt in Drug Cases: Integrity of Evidence and Chain of Custody

The Supreme Court acquits in People v. Dungo, stressing that broken chain of custody and unjustified non-compliance with Section 21, RA 9165, create reasonable doubt.

Safeguarding Public Funds: The Ombudsman’s Authority in Administrative Cases

The Supreme Court affirms the Ombudsman’s power to decide administrative cases and its standing to appeal, upholding findings of grave misconduct in a sham bidding.

Reasonable Doubt and Chain of Custody: Safeguarding Rights in Drug Cases

The Supreme Court acquits a drug suspect when police break the chain of custody, reaffirming that presumption of regularity cannot replace proof beyond reasonable doubt.