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Showing 3457–3480 of 19,036 articles for “up”

Seafarer Disability Claims: When the Company Doctor's "Fit to Work" Ruling Fails

Philippine Supreme Court clarifies when a seafarer gets total permanent disability benefits despite a company doctor's fit-to-work certification.

CLOA Cancellation and Indefeasibility of Titles in Agrarian Reform Cases

When can a Certificate of Land Ownership Award be cancelled? The Supreme Court clarifies the limits of DAR jurisdiction and the indefeasibility of agrarian titles.

Ejectment vs. Expropriation: When a Supervening Event Does Not Stop Execution

The Supreme Court clarifies when a pending expropriation case can suspend execution of an ejectment judgment, and when it cannot.

When an Appropriation Ordinance Is Enough: Mayor's Consultancy Contracts Upheld

Supreme Court clarifies when a line-item in an appropriation ordinance suffices as prior authorization for a mayor's contracts.

Upholding the Chain of Custody: Ensuring Integrity in Drug Cases

The Supreme Court affirms a drug conviction, explaining how strict compliance with the chain of custody rule preserves the integrity of seized evidence.

Exclusionary Rule and Chain of Custody in Drug Cases: A Primer

The Supreme Court acquits three accused in a drug case for the prosecution's failure to justify the absence of required witnesses during inventory, reaffirming the chain of custody rule.

Chain of Custody and Illegal Drugs: Safeguarding Rights and Ensuring Justice

The Supreme Court acquits three accused in a drug case because police failed to justify the absence of required witnesses during inventory, underscoring the strict chain of custody rule.

Due Process in Administrative Cases: The Right to a Fair Hearing and Protection Against Gross Neglect of Duty

A mayor's dismissal for grave misconduct was reversed by the Supreme Court, which clarified the rule on prior authorization for local contracts.

Chain of Custody in Drug Cases: Why Evidence Integrity Decides Convictions

The Supreme Court explains how strict compliance with the chain of custody rule under RA 9165 preserves drug evidence integrity and sustains convictions.

Rape Penetration Without Hymenal Rupture: What the Supreme Court Says

The Supreme Court clarifies that full penetration and hymenal rupture are not required for rape conviction under Philippine law.

Ombudsman Decisions in Administrative Cases Are Immediately Executory

The Supreme Court confirms that Ombudsman decisions in administrative cases are immediately executory, even pending appeal, unless a court issues a TRO or preliminary injunction.

Distinguishing Robbery From Theft The Necessity of Violence or Intimidation in Taking Personal Property

The Supreme Court clarifies when a snatching is theft, not robbery, and what the prosecution must prove.

Kidnapping for Ransom: Intent and Deprivation of Liberty Explained

The Supreme Court explains what constitutes kidnapping for ransom, including the intent to extort and how deprivation of liberty is proven.

Fixed Term vs Project Employment: Protecting Workers' Security of Tenure

Philippine law on fixed-term and project employment, and how the Supreme Court protects workers' security of tenure against circumvention.

Safeguarding Chain of Custody: How Improper Handling of Evidence Leads to Acquittal in Drug Cases

Philippine Supreme Court clarifies that police lapses in drug evidence handling, particularly missing inventory and photos, can warrant acquittal.

Lost in Procedure: Supreme Court Upholds Strict Compliance With Appeal Rules

The Supreme Court acquits a drug suspect because police failed to comply with Section 21 of RA 9165, emphasizing strict procedural compliance.

Prejudicial Question Doctrine Resolving Conflicting Land Rights

Learn how the Supreme Court clarified jurisdiction in reversion suits versus annulment of judgment, and what this means for land title disputes.

Calendar Days vs. Working Days: How Suspensions Are Counted for Philippine Government Employees

The Supreme Court clarifies that suspensions for government employees are served in calendar days, including weekends and holidays, not working days.

Disbarment for Sexual Harassment and Exploitation: Lessons from Atty. De Los Reyes

The Supreme Court disbarred a lawyer for sextortion and gross immorality, reaffirming that good moral character is a continuing requirement for lawyers.

When Can an Association Represent Its Members in Court? Standing to Sue Explained

The Supreme Court explains when an association can sue for its members, and why lack of legal capacity to sue is fatal to a petition.

Laches and Jurisdiction: Upholding Final Judgments in Property Disputes

The Supreme Court rules that a four-year delay in filing an annulment of judgment constitutes laches, barring property claims.

Buyer in Good Faith and Foreclosure Sales: When a Defective Auction Still Stands

The Supreme Court explains when a buyer in good faith can keep property even if the foreclosure sale had procedural defects.

Finality Prevails: Annulment of Judgment Barred by Laches in Forcible Entry Case

Supreme Court rules that a four-year delay in seeking annulment of judgment constitutes laches, barring the remedy despite claims of lack of jurisdiction.

PNP Dismissal Orders: When Are They Immediately Executory?

The Supreme Court clarifies when PNP dismissal orders are immediately executory and how appeals to the National Appellate Board affect enforcement.