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Showing 4441–4464 of 19,038 articles for “up”

Insufficient Evidence in Administrative Complaints: Dismissal of Charges Against Justice and Attorney

The Supreme Court dismissed administrative complaints against a CA Justice and a lawyer for lack of verification and evidence, reaffirming the burden of proof in disciplinary cases.

Monetary Board Members Liable for Unauthorized Extraordinary Expenses

Supreme Court holds Monetary Board members liable for disallowed EMEs received beyond GAA limits, rejecting good faith defense.

Navigating Term Limits: Interruptions and Candidacy Eligibility in the Philippines

The Supreme Court clarifies the three-term limit rule, what counts as a full term, and the proper remedy for challenging a candidate's eligibility.

The Duty to Disclose Probation and Honesty in Government Employment

A Supreme Court ruling on a court employee's failure to disclose a past conviction in his Personal Data Sheet, and the judge who recommended him.

Falsifying MCLE Compliance and Disbarment: What Lawyers Risk

A Supreme Court ruling shows how a lawyer's false MCLE compliance number in pleadings led to disbarment for deceit.

SALN Dishonesty and Concealed Assets: De Castro v. Field Investigation Office

Supreme Court ruling on SALN dishonesty, concealed assets in children's names, and why omission amounts to grave administrative offense.

Constitutional Limits on Alien Land Ownership: Reversion of Property Acquired in Violation of the Constitution

Philippine Supreme Court ruling on reversion of land acquired by aliens in violation of the constitutional ban on foreign land ownership.

Tax Assumption vs. Tax Exemption: Who Pays When International Agreements Are Involved

The Supreme Court clarifies the difference between tax assumption and tax exemption in Mitsubishi Corporation v. CIR, and who bears the tax burden.

Mayor's Permit vs. Local Ordinance: Court Upholds Ombudsman's Power in Anti-Graft Cases

Supreme Court affirms Ombudsman's finding of probable cause against a mayor who issued a firecracker permit despite a local ordinance banning it.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Assault Cases

The Supreme Court affirms a stepfather's rape conviction, explaining how force, intimidation, and moral ascendancy satisfy the elements of rape under Philippine law.

Waiver of Defenses: How Untimely Pleadings Shape Construction Disputes

A contractor's unpaid claim was revived by the Supreme Court, which ruled that defenses not raised in the answer are deemed waived under Rule 9.

Death of Accused Before Final Conviction Extinguishes Criminal Liability

Philippine Supreme Court explains how an accused's death before final judgment extinguishes criminal and civil liability ex delicto under Article 89 of the RPC.

Rape Conviction Affirmed: Force, Intimidation, and Moral Ascendancy in Sexual Abuse Cases

Philippine Supreme Court affirms rape conviction, explaining how force, intimidation, and moral ascendancy establish guilt in sexual abuse cases.

Filing an Annulment Case Does Not Stop the Redemption Period in Foreclosure Sales

Philippine Supreme Court clarifies that filing an annulment case does not toll the one-year redemption period in extrajudicial foreclosure sales.

Bidding and Government Contracts: No Automatic Right to Award Without Post-Qualification

The Supreme Court clarifies that being the lowest bidder in a government project does not automatically entitle a contractor to the award—post-qualification is mandatory.

Retirement Benefits: Company Plans Prevail Over Labor Code Minimums

Supreme Court rules company retirement plans prevail over Labor Code when they provide superior benefits, citing PAL pilot case.

When Can Courts Interfere With Ombudsman Probable Cause Findings

The Supreme Court explains the limits of judicial review over Ombudsman probable cause findings in anti-graft cases against public officers.

Jurisdiction in Illegal Recruitment and Estafa Cases: Protecting Migrant Workers

The Supreme Court clarifies venue rules for illegal recruitment and estafa cases, protecting migrant workers' access to justice.

Rape Conviction Affirmed: Force and Intimidation Defined in Philippine Law

The Supreme Court clarifies force and intimidation in rape cases, affirming a conviction and increasing damages awarded to the victim.

Reconveyance Cases: Proving Land Identity and Title Under Article 434

Philippine Supreme Court clarifies that in reconveyance actions, plaintiffs must prove both the identity of the land and their title, relying on the strength of their own evidence.

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

Promissory Notes Enforceability and the Limits of Contractual Interpretation

Supreme Court clarifies that a creditor must prove the exact deficiency amount with supporting evidence, not just present a bare statement of account.

When a Statement of Account Is Not Enough: Proving Deficiency Claims After Foreclosure

The Supreme Court clarifies what a creditor must prove to collect a deficiency after foreclosure—and why a bare statement of account falls short.

Cyber Libel Prescription: One Year, Not 15, and Why Unsigned Resolutions Are Not Doctrine

The Supreme Court settles that cyber libel prescribes in one year and clarifies that unsigned resolutions are not binding precedent.