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Showing 4897–4920 of 19,038 articles for “up”

When Courts Can't Enjoin EPIRA: Limits of Judicial Authority on Injunctions

Supreme Court rules RTCs cannot enjoin EPIRA implementation—only the High Court may issue such injunctions, even in declaratory relief cases.

Challenging Real Property Tax Ordinances: The Iloilo Case and the Rule on Exhaustion of Remedies

The Supreme Court dismissed a direct challenge to Iloilo City's real property tax ordinance, reaffirming that taxpayers must first exhaust administrative remedies before going to court.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's attempt to revive his case fails; the Supreme Court enforces finality and cites indirect contempt.

ERC v. Meralco: Only the Supreme Court Can Enjoin EPIRA Implementation

The Supreme Court rules that only it can enjoin EPIRA implementation, clarifying limits on RTC injunctive power over energy regulations.

Good Faith in Construction: Builders' Rights and Landowners' Remedies Under Philippine Law

The Supreme Court clarifies when builders are in good faith and the rights of landowners over improvements built on their property.

Surety Agreements and Conditions Precedent: What the Supreme Court Said in RCBC v. Bernardino

The Supreme Court clarifies when surety agreements are enforceable and how conditions precedent are proven, in RCBC v. Bernardino.

Dismissal and Forum Shopping: The Perils of Duplicative Litigation

Supreme Court clarifies exhaustion of administrative remedies and forum shopping in MARINA cases, with practical guidance for litigants.

Project vs Regular Employment: Understanding Security of Tenure in the Philippines

The Supreme Court explains when project employees become regular workers and how security of tenure applies in Philippine construction labor law.

Reasonable Doubt Prevails: Acquittal in Robbery With Homicide Despite Circumstantial Evidence

Supreme Court acquits accused in robbery with homicide case, ruling circumstantial evidence and mere possession of a phone cannot overcome reasonable doubt.

Exhaustion of Administrative Remedies: Appealing MARINA Decisions to the Office of the President

When must MARINA decisions be appealed to the Office of the President before going to court? The Supreme Court clarifies the rule.

Rape Conviction Affirmed: Contextual Testimony Enough to Prove Carnal Knowledge

The Supreme Court affirms a rape conviction, holding that a victim's contextual testimony can sufficiently establish carnal knowledge even without explicit anatomical detail.

Project Employees: When Length of Service Does Not Mean Regular Employment

Supreme Court clarifies that project employees may be validly terminated upon project completion, even after years of continuous service.

Negligence in Public Service: Duty, Accountability, and the Manalo Case

The Supreme Court clarifies when a public employee's failure to verify documents amounts to grave misconduct, not simple negligence.

Correspondent Banks' Right to Reimbursement in Dishonored Letters of Credit

Philippine Supreme Court ruling on correspondent banks' right to reimbursement when letters of credit are dishonored, explained in plain language.

Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership

The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.

Breach of Trust Dismissal for Falsifying Court Documents in the Philippines

Supreme Court disbars lawyer who misappropriated client funds and engaged in double-dealing, violating the Code of Professional Responsibility.

Lawyer Disbarred for Misappropriating Client Funds and Double-Dealing in Property Sale

Supreme Court disbars lawyer who converted client's loan proceeds, neglected title transfer duties, and represented conflicting interests.

Protecting Children Upholding Stiffer Penalties for Child Abuse Under R.A. 7610

The Supreme Court affirms a conviction for child abuse under R.A. 7610, clarifying that physical abuse of a child is penalized more heavily than ordinary physical injuries.

Unreasonable Search Evidence Inadmissible When Legal Occupant Prevented From Witnessing Search

Search warrant execution requires lawful occupant presence; preventing them from witnessing search renders evidence inadmissible.

Protecting Children: Defining Child Abuse and Criminal Intent Under Philippine Law

The Supreme Court clarifies when a physical assault on a child is child abuse under R.A. 7610, and how criminal intent is established.

When Testimony Fails the Test: Acquittal in Forcible Abduction with Rape

The Supreme Court acquits a man of forcible abduction with rape, showing how inconsistent victim testimony and the equipoise rule shape criminal convictions.

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Fixed-Term Contracts: What the 30-Day Notice Rule Means for Renewal

Supreme Court ruling on fixed-term contracts, the 30-day notice requirement, and automatic renewal implications for employers and employees.

Discounts FOR THE Disabled Upholding Equal Access TO Medicines Under Police Power

The Supreme Court upholds the 20% PWD medicine discount as a valid exercise of police power, not eminent domain.