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Showing 5761–5784 of 19,038 articles for “up”

Compromise Agreements Upholding Obligations AND Preventing Evasion

Piercing the Corporate Veil: When Directors Face Personal Liability for Corporate Debts

The Supreme Court clarifies when corporate directors may be held personally liable for corporate debts, requiring clear and convincing evidence of bad faith or fraud.

Land Registration: Proving Alienability Beyond Survey Plan Annotations

The Supreme Court clarifies what evidence proves a land is alienable and disposable for registration, examining survey plan annotations and certifications.

Project vs Regular Employment: Security of Tenure in Construction

Philippine Supreme Court clarifies when construction workers are project employees and how employers prove project employment.

Consent and Doubt: When Inconsistent Testimony Leads to Acquittal in Rape Cases

The Supreme Court acquits a rape accused, ruling that inconsistent victim testimony and doubtful circumstances create reasonable doubt.

Certiorari Not a Substitute for Appeal: Lessons from Nuque v. Aquino

The Supreme Court reiterates that certiorari cannot replace a lost appeal, and a motion for reconsideration is generally required before filing one.

Surety Bonds and Indemnity: Why Renewal Disputes Don't Erase Contractual Liability

Philippine Supreme Court rules that a deed of indemnity authorizing bond renewals binds signatories even without separate consent to each renewal.

Standing to Sue, Heirs' Rights, and Property Disputes in the Philippines

Philippine Supreme Court ruling on land registration, heirs' rights, and the standing of the Republic to oppose property claims.

Can Acquisitive Prescription Defeat a Torrens Title? The Dy v. Yu Ruling

The Supreme Court explains when long-term adverse possession can defeat a Torrens title, despite the system's guarantee of indefeasibility.

Upholding Client Trust: Lawyer Suspended for Mismanaging Settlement Funds and Unauthorized Agreements

A lawyer who settled a client's case without consent and kept the P100,000 proceeds was suspended for two years and ordered to return the money.

Rejection of the Sweetheart Defense in Rape Cases: Consent Beyond Affection

The Supreme Court clarifies that a "sweetheart defense" in rape cases requires proof of both a romantic relationship and genuine consent to the sexual act.

Corporate Control Belongs to the Board, Not External Agreements

Supreme Court rules the board of directors holds corporate control, voiding external agreements that bypass it.

Strict Compliance Required for Serving Summons on Domestic Corporations

The Supreme Court clarifies that service of summons on domestic corporations must strictly follow Rule 14, Section 11, or the court lacks jurisdiction.

Breach of Trust as Ground for Dismissal: Manager's Dishonest Dealings Upheld

Supreme Court affirms dismissal of a manager who failed to account for funds and licenses, ruling that loss of trust and confidence was justified.

PAL Tax Exemption: Special Franchise Law Prevails Over General Tax Code

Supreme Court affirms PAL's tax exemption on commissary imports, ruling special franchise law P.D. 1590 prevails over general tax code R.A. 9334.

Ancestral Domain vs Resettlement: Calauit Island Land Rights Resolved

Supreme Court rules CADT issuance renders Calauit settlers' eviction case moot, recognizing Tagbanua ancestral domain rights.

Protecting Childhood: Statutory Rape and the Rule on Parole Ineligibility

The Supreme Court affirms a statutory rape conviction and clarifies that offenders face reclusion perpetua without eligibility for parole.

Buy-Bust Operations: Ensuring Legality and Upholding Rights in Drug Cases

The Supreme Court affirms that buy-bust operations remain valid even without PDEA participation, provided the chain of custody and rights are observed.

Corporate Governance Upholding By-Laws in Director Removal Disputes

Supreme Court rules on invalid director removal, by-law compliance, and ratification limits in corporate governance disputes.

Trust or Time: Prescription in Disputes Over Inherited Shares

Supreme Court clarifies when prescription and laches may bar claims over shares held in implied trust, remanding Dy Sun-Ong v. Dy Sun for trial.

Clerks of Court Upholding Fiscal Responsibility and Timely Remittances of Judiciary Funds

The Supreme Court holds court personnel accountable for delayed fund remittances, imposing fines for neglect of duty.

Intoxication and Insurance Claims: Proving Driver Intoxication to Avoid Liability

The Supreme Court held that an insurer cannot deny an insurance claim by merely alleging driver intoxication without clear, credible, and convincing evidence.

Clerk of Court Authority: The Fine Line Between Administration and Judicial Overreach

A clerk of court added a phrase to a writ beyond the judge's order. The Supreme Court explains why that was judicial overreach.

Forged Signatures and Property Rights: How Laches and Prescription Can Defeat a Land Claim

A Supreme Court ruling shows why delay can destroy a landowner's claim, even when fraud is alleged, and how laches and prescription bar stale property suits.