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Showing 7585–7608 of 19,039 articles for “up”

Buy-Bust Operations Ensuring Integrity in Drug Sale and Possession Cases

The Supreme Court affirms drug convictions, explaining how buy-bust operations and chain of custody preserve evidence integrity under RA 9165.

Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?

Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an

Overseas Job Offers: Illegal Recruitment and Fraudulent Promises Under Philippine Law

The Supreme Court explains when overseas job offers become illegal recruitment and estafa, and what victims must prove.

Who Owns Farm Improvements Under CARP? Landowner vs. Lessee Rights

The Supreme Court ruled that disputes over crops and improvements between a landowner and a lessee fall under the Civil Code, not agrarian reform courts.

Rape Conviction Upheld: Victim's Testimony and Parental Aggravation in Incest Cases

In People v. Venturina, the Supreme Court affirmed a father's rape conviction, showing how a victim's credible testimony and relationship can seal a case.

Failure to Prove Actual Possession Dooms Unlawful Detainer Claim

In unlawful detainer cases, the plaintiff must prove actual possession by preponderance of evidence. The Supreme Court explains why.

Retention Rights vs Emancipation Patents: Clarifying Land Ownership Under Agrarian Reform

The Supreme Court clarifies when a landowner's retention right prevails over an emancipation patent issued to a tenant-farmer under agrarian reform.

When Commissions Count in Separation Pay: A Philippine Labor Law Guide

Philippine Supreme Court ruling on when sales commissions form part of salary for separation pay computation and when quitclaims are invalid.

Mortgagor Ownership and Estoppel: When a Real Estate Mortgage Stays Valid

Supreme Court clarifies when a mortgagor's ownership and estoppel uphold the validity of a real estate mortgage in PNB v. Reblando.

When Multiple Shots Mean Separate Crimes: Murder and Attempted Murder in the Philippines

Philippine Supreme Court clarifies when a single ambush produces separate crimes of murder, frustrated murder, and attempted murder.

Retirement Benefits vs Other Allowances: The Refundability Distinction in Illegal Disbursements

When illegal disbursements are disallowed, must payees refund? The Supreme Court draws a line between retirement benefits and ordinary allowances.

Seafarers Disability Claims Upholding Timely Medical Assessments FOR Fair Compensation

Defining Disability for Seafarers: Why Timely Medical Assessment Matters

A Supreme Court ruling clarifies when a seafarer's disability becomes permanent, and why abandoning treatment can jeopardize a claim for full disability benefits.

Nuisance Suits in Intra-Corporate Disputes: Dismissal and Indispensable Parties

The Supreme Court clarifies when an intra-corporate complaint is a nuisance suit and why omitting indispensable parties is fatal.

Constructive Dismissal: When a Transfer Becomes Illegal Under Philippine Labor Law

The Supreme Court clarifies when a workplace transfer amounts to constructive dismissal, protecting employees from retaliatory reassignments.

Constructive Dismissal and Contract Substitution: Protecting OFWs from Unsafe Conditions

Learn how the Supreme Court protected OFWs from contract substitution and unsafe conditions, ruling that forced resignation amounts to constructive dismissal.

Constructive Dismissal: Employer's Burden to Justify Employee Transfer

When does a forced transfer become constructive dismissal? The Supreme Court clarifies the employer's burden to justify transfers and the limits on belated evidence.

Supreme Court Acquits IMC General Manager But Affirms Convictions in P116M Graft Case

SC ruling clarifies evident bad faith in graft cases, acquitting an IMC official who relied on subordinates while affirming convictions of others.

Dismissal for Lack of Pre-Trial Brief: Balancing Procedural Rules and Justice

The Supreme Court affirms dismissal of a case for failure to file a pre-trial brief, clarifying the fresh period rule and the binding effect of counsel's negligence.

Land to the Tiller: Agrarian Reform Beneficiaries' Rights Prevail Over Formal Titles

Supreme Court rules actual tillers, not formal titleholders, are entitled to agrarian reform land under CARL.

Buy-Bust Operations and Chain of Custody: Ensuring Integrity in Drug Sale Convictions

The Supreme Court clarifies the rules on buy-bust operations, chain of custody, and what it takes to convict under Section 5 of RA 9165.

Dismissal for Dishonesty: Upholding Public Trust in the Philippine Legal Profession

A lawyer's misuse of client funds and notarizing without commission leads to one-year suspension, reaffirming high ethical standards for Philippine attorneys.

Defining Attempted Rape: Proving Penile Penetration in Philippine Law

Philippine Supreme Court clarifies that consummated rape requires proof of penile penetration of the labia; mere touching may constitute only attempted rape.

Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law

Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.