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Showing 7489–7512 of 19,039 articles for “up”

Rape Conviction Upheld Despite Lack of Visible Physical Injuries Protecting Victims of Sexual Violence

Philippine Supreme Court ruling clarifies that an intact hymen does not negate rape, and explains the distinction between rape by sexual intercourse and rape by sexual assault.

Delayed Remittance of Judiciary Funds: Accountability of Court Personnel Explained

The Supreme Court clarifies that delayed remittance of court collections is neglect of duty, even if shortages are later fully restituted.

Self-Defense vs Homicide: Understanding Criminal Intent in Philippine Law

The Supreme Court clarifies when self-defense fails and homicide stands, explaining unlawful aggression, dying declarations, and criminal liability.

Judicial Accountability: The Consequences of Undue Delay in Resolving Cases

A judge's failure to resolve a motion within 90 days is gross inefficiency. The Supreme Court explains the consequences.

Self-Defense and Proximate Cause in Homicide: Lessons from Belbis v. People

The Supreme Court clarifies when self-defense fails and how proximate cause links stab wounds to death in homicide cases.

Order of Battle and the Writ of Amparo: Proving a Real Threat to Life, Liberty, and Security

The Supreme Court clarifies when inclusion in a military Order of Battle amounts to a real threat warranting amparo protection.

Protecting Voter Intent: Counting Votes for Bona Fide Candidates Over Nuisance Candidates

The Supreme Court ruled votes for nuisance candidates with names similar to bona fide candidates must be counted for the legitimate candidate, protecting voter intent.

Unraveling Sequestration When Government Claims Meet Private Property Rights IN THE Philippines

The Supreme Court upheld key provisions of the Migrant Workers Act, including illegal recruitment penalties and the joint liability rule for corporate officers.

Suffrage and Procedure: Upholding the Electorate’s Will Despite Technicalities in Election Protests

The Supreme Court ruled that votes for a nuisance candidate with a similar surname must be counted for the bona fide candidate, protecting voter intent.

When Election Irregularities Meet Mootness: Annulment of Proclamation and the Imperative of an Actual Controve

Explore Quiño v. COMELEC, where the Supreme Court dismissed an election case as moot after a re-canvass, explaining why actual controversies matter.

Protecting OFWs: Examining the Constitutionality of the Migrant Workers Act

The Supreme Court upheld key provisions of the Migrant Workers Act, affirming the State's power to protect overseas Filipino workers.

Certiorari as a Substitute for Appeal: Navigating Procedural Deadlines in Expropriation Cases

A Supreme Court ruling clarifies when courts may take judicial notice of land values and why the DAR formula must govern just compensation in agrarian expropriation.

Psychological Incapacity vs Marital Discord: What the Supreme Court Requires Under Article 36

The Supreme Court clarifies that marital discord, infidelity, or abandonment is not enough to nullify a marriage under Article 36 of the Family Code.

Excise Tax Refunds for Exported Goods: Who Can Claim Under the Tax Code

The Supreme Court clarifies that only the statutory taxpayer—not the buyer—may claim excise tax refunds on exported goods.

Agrarian Reform Beneficiary Rights Abandonment and Land Transfer Restrictions

Supreme Court ruling on when an agrarian reform beneficiary loses rights through land transfer and abandonment under P.D. 27 and R.A. 6657.

Formal Will Requirements: Strict vs Substantial Compliance in Probate

Philippine Supreme Court clarifies when defective attestation clauses invalidate wills, distinguishing strict from substantial compliance under Civil Code Articles 805 and 809.

Probate of Wills in the Philippines: When Attestation Clause Errors Are Fatal

Philippine Supreme Court explains when attestation clause defects invalidate a will, and when substantial compliance may save it.

Treachery and Self-Defense: Understanding Criminal Liability in the Philippines

A Supreme Court ruling explains when self-defense fails and treachery qualifies a killing as murder under Philippine law.

Establishing Filiation: Clear and Convincing Evidence Required for Support Orders in the Philippines

Philippine courts require clear and convincing evidence to establish filiation for child support. Learn the legal standards and practical implications.

Defining Disability for Seafarers: Rights and the 240-Day Rule in Maritime Employment

The Supreme Court clarifies when a seafarer's disability becomes total and permanent, and why exceeding 120 days does not automatically entitle him to full benefits.

Accretion vs. Dried Riverbeds: Who Owns the Land in the Philippines?

The Supreme Court clarifies that land formed by a dried-up riverbed belongs to the State, not adjacent owners. Learn the rules on accretion and land registration.

Seafarers Disability Claims Upholding Company Physician Assessments IN THE Absence OF Clear Contradictory Evidence

Verification Matters: Why Unverified Labor Claims Get Dismissed

Learn why the Supreme Court dismissed 99 workers' labor claims for lack of proper verification in Martos v. New San Jose Builders.

Brokers Entitlement to Commission: The Efficient Procuring Cause in Real Estate Sales

Philippine Supreme Court ruling on when a real estate broker earns a commission, the efficient procuring cause rule, and written authority contracts.