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Showing 5305–5328 of 19,038 articles for “up”

Fixed-Term Contracts: Balancing Employer Flexibility and Employee Security of Tenure

Philippine Supreme Court clarifies when fixed-term employment contracts are valid and do not circumvent security of tenure.

Dismissal of Disbarment Complaint Upholds Independence of Quasi-Judicial Officers

Supreme Court dismisses disbarment complaint against NLRC commissioners, warning against using disciplinary cases to harass adjudicators.

Supreme Court on COLA Back Pay for Water District Employees: Good Faith Excuses Refund

The Supreme Court ruled that water district employees need not refund disallowed COLA back pay, citing good faith and the integration of allowances under the Salary Standardization Law.

Judicial Efficiency: Timely Resolution of Cases and Disciplinary Action for Undue Delay

The Supreme Court holds judges accountable for undue delay in resolving cases, imposing fines for violations of the 90-day rule.

Comelec Must Enable Voter Verified Paper Audit Trail: Mandamus Granted

Supreme Court compels Comelec to activate VVPAT feature, affirming voters' right to verify their ballots under election law.

Mining Rights: Exhaustion of Administrative Remedies and the DENR Secretary's Authority

The Supreme Court clarifies when courts can review mining disputes, the DENR Secretary's administrative powers, and the need to exhaust remedies.

Refugee Status Determination in the Philippines: The "Reasonable Degree" Standard

The Supreme Court clarifies the shared burden of proof and the "reasonable degree" threshold for refugee status determination in the Philippines.

Mining Rights: Exhaustion of Administrative Remedies and DENR Secretary Authority

Philippine Supreme Court clarifies that DENR Secretary's approval of mining agreements is administrative, not quasi-judicial, requiring exhaustion of administrative remedies.

BSP Authority to Engage Private Counsel and Jurisdiction in Legal Proceedings

Supreme Court clarifies BSP's power to hire private counsel and RTC jurisdiction over real property cases involving assessed value.

Preliminary Injunction Preserving the Status Quo in Property Disputes

The Supreme Court clarifies when a preliminary injunction may issue in property disputes, emphasizing the need to preserve the status quo and the limits of such relief.

Attorney Disqualification: The Limits of Contingency Fees and Conflicts of Interest

Philippine Supreme Court ruling on lawyers acquiring client property during litigation, void contracts, and contingency fee limits.

Voiding Land Sales Under Free Patent: The Five-Year Restriction on Alienation

When can a sale of free patent land be void? The Supreme Court explains the five-year ban and its consequences.

Incomplete Self-Defense: When a Knife Is Not a Reasonable Means in Homicide Cases

The Supreme Court explains when a knife against a belt buckle fails the "reasonable necessity" test for incomplete self-defense in homicide.

Trial Court Discretion and Fair Trial: Nullifying Pre-Trial Proceedings

Supreme Court clarifies when a trial court may nullify pre-trial proceedings and the limits of judicial discretion in criminal cases.

Security of Tenure: Landowner Must Prove Grounds for Tenant Eviction Under Agrarian Reform Law

The Supreme Court clarifies that landowners bear the burden of proving lawful grounds for tenant eviction, and unlawful lease rentals cannot justify dispossession.

BSP Can Use Private Counsel: Supreme Court Clarifies Jurisdiction and Representation Rules

Supreme Court rules on BSP's authority to engage private counsel and RTC jurisdiction over real property disputes.

Substitution of Parties: Due Process Prevails Despite Procedural Lapses in Estate Cases

Philippine Supreme Court rules that failure to formally substitute deceased parties is not fatal when heirs actively participate in the case.

Substitution of Heirs and Due Process in Continuing Litigation After a Party's Death

Philippine Supreme Court clarifies when failure to formally substitute deceased parties does not violate due process in ongoing civil cases.

Electoral Tribunals and Nuisance Candidates: Jurisdiction After Proclamation

The Supreme Court clarifies that the HRET cannot declare a candidate a nuisance candidate once the COMELEC's ruling has become final.

Sheriffs Duty to Remit Payments and Execute Writs Promptly: Mahusay v. Gareza

A sheriff who withholds collected payments and delays writ execution faces dismissal. The Supreme Court's ruling in Mahusay v. Gareza explained.

Heirs Obligations Settling Debts Before Inheritance Distribution

Philippine Supreme Court ruling on heirs' duty to settle decedent's debts before inheritance distribution, including interest rules.

Foreign Land Ownership Restrictions Lease Agreements As Virtual Transfers

Supreme Court voids 100-year lease to foreigner as virtual transfer of land ownership, reaffirming constitutional ban on alien landholding.

Rape of a Person Deprived of Reason: How Philippine Law Protects Mentally Retarded Victims

In People v. Rodriguez, the Supreme Court clarified that carnal knowledge of a mental retardate is rape of a person deprived of reason under the Revised Penal Code.

Proving Receipt of Tax Assessment Notices: CIR v. GJM Philippines

The Supreme Court clarifies that the BIR must prove a taxpayer actually received a tax assessment notice, or the assessment may be void.