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Showing 4753–4776 of 19,038 articles for “up”

Integrity Under Scrutiny: Examining Corruption Allegations Against Judges and Justices

The Supreme Court clarifies the President's power to appoint Sandiganbayan justices and the limits of judicial review in quo warranto cases.

Peace Agreements and Premature Constitutional Challenges: Why Courts Wait for Implementing Laws

The Supreme Court dismissed challenges to the Bangsamoro peace agreements as premature, explaining why courts wait for implementing laws before ruling on constitutionality.

Upholding Employee Dismissal FOR Gross Negligence DUE Process AND Employer Trust

When a Fake Lawyer Represented the Accused: Due Process and the Right to Counsel

The Supreme Court voids a conviction where the accused was represented by a non-lawyer, reaffirming the absolute right to counsel.

Upholding Client Trust: Attorney's Duty to Account for Funds and Return Documents

A lawyer cannot withhold client funds or documents for unpaid fees; the Supreme Court suspends Atty. Jimenez for six months.

Parent Company Liability for Employee Benefits in Labor Disputes

When can a parent company be held solidarily liable for its subsidiary's unpaid employee benefits? The Supreme Court explains.

Protecting THE Vulnerable Upholding Conviction IN Statutory Rape Cases 3

Civil Indemnity for Death: How Philippine Courts Determine Damages

The Supreme Court explains how civil indemnity, moral damages, and other awards are computed when a crime causes death, using Lim v. Tan as a guide.

Breach of Trust in Employment: When Negligence Justifies Dismissal

The Supreme Court ruled that negligence in handling company property can justify dismissal for breach of trust, even without proof of theft or misconduct.

When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases

The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.

Determining Damages in Wrongful Death: Balancing Compensation and Proof

How the Supreme Court balances compensation and proof in wrongful death cases, and what heirs must prove to recover damages.

Duty of Disclosure in Insurance Contracts: Insurers Must Prove Concealment

Philippine Supreme Court clarifies that insurers bear the burden of proving concealment or misrepresentation by convincing evidence before rescinding policies.

SEC Cease and Desist Orders and Investment Contracts: A Supreme Court Primer

The Supreme Court clarifies that SEC cease and desist orders are interlocutory, not appealable, and that the SEC has primary jurisdiction over investment contract questions.

Right to Counsel in Criminal Cases: When a Fake Lawyer Means Denial of Due Process

The Supreme Court ruled that conviction is void when an accused is represented by a non-lawyer, as it violates the constitutional right to counsel.

Unraveling Fraud Protecting Heirs Rights IN Property Disputes

The Supreme Court clarifies when heirs can pursue quieting of title and reconveyance despite allegations of fraud and laches.

Acquiring Public Land: Open Possession Since 1945 and the Right to Compensation

A Supreme Court ruling clarifies when long possession of public land can ripen into ownership and entitle a claimant to just compensation.

Cease and Desist Orders Secs Authority and the Limits of Judicial Intervention

The Supreme Court clarifies when an appeal from a trial court's dismissal order involves questions of fact, not just law.

Company Time Is Not Playtime: Dismissal Upheld for Gambling on Duty

Supreme Court rules gambling during work hours is serious misconduct justifying dismissal, even without money stakes.

When a Father's Duty Becomes a Crime: The Law on Incestuous Rape in the Philippines

The Supreme Court affirms the conviction of a father for raping his 12-year-old daughter, clarifying the rules on qualified rape, sexual assault, and damages.

Insubordination in the Workplace: Defining the Scope of Employee Duties and Employer Authority

The Supreme Court clarifies when an employee's refusal to follow orders is insubordination and when it is a justified defense against dismissal.

Piercing the Corporate Veil Has Limits in Estate Proceedings: Mayor v. Tiu

The Supreme Court clarifies that probate courts cannot pierce the corporate veil to seize a corporation's assets as part of a decedent's estate.

Social Media Speech and Employment: Defining the Boundaries of Loss of Trust in Termination Cases

Philippine Supreme Court clarifies when loss of trust justifies dismissal, distinguishing rank-and-file from managerial employees.

Assignees of Bank Mortgagee Entitled to Shorter Redemption Period Under General Banking Law

Supreme Court rules assignees of a bank mortgagee benefit from the shorter three-month redemption period under the General Banking Law.

Illegal Recruitment and Estafa: Liability for Promising Overseas Work

The Supreme Court affirmed convictions for illegal recruitment in large scale and estafa where accused spouses promised overseas jobs without a POEA license.