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Showing 8521–8544 of 19,040 articles for “up”

Judicial Ethics: Authorized and Unauthorized Absences for Philippine Judges

Explaining the Supreme Court ruling on when judges incur unauthorized absences and when filing leave is required under CSC rules.

HLURB Jurisdiction: Protecting Subdivision Lot Buyers' Right to Title Delivery

Supreme Court affirms HLURB jurisdiction over subdivision lot buyers' claims for title delivery against developers, protecting purchasers from unscrupulous sellers.

Why the Victim's Testimony Is Crucial in Philippine Rape Cases

A Supreme Court ruling explains why a rape victim's credible testimony can sustain a conviction even without corroborating evidence.

Just Compensation in Agrarian Reform: Courts Must Follow DAR Valuation Formula

Philippine Supreme Court rules that courts must apply DAR's mandatory valuation formula under RA 6657 in determining just compensation for agrarian reform lands.

Project Employees vs Regular Employees: The Burden of Proof in Illegal Dismissal Cases

Philippine Supreme Court clarifies when construction workers become regular employees and the employer's burden in proving project employment status.

Chain of Custody in Drug Cases: When Non-Compliance with Section 21 RA 9165 Warrants Acquittal

Supreme Court acquits drug suspect where prosecution failed to prove integrity of seized shabu, emphasizing chain of custody under Section 21, RA 9165.

Lease Agreements Defining the Scope of Leased Assets and Obligations Upon Termination

Philippine Supreme Court ruling on lease agreements, defining asset scope and post-termination obligations for lessors and lessees.

Attorney's Fees and Estate Liens: Protecting a Lawyer's Right to Be Paid

The Supreme Court ruled that a lawyer may claim attorney's fees in the very case where he served and annotate a lien on the properties of the estate.

Prescription in Estate Settlement: Heirs' Rights and Time Limits Explained

Philippine Supreme Court ruling on prescription periods for heirs contesting extrajudicial estate settlements, fraud discovery, and time limits.

Robbery with Homicide Conviction Affirmed: The Role of Force, Intimidation, and Conspiracy

Philippine Supreme Court clarifies the elements of robbery with homicide, conspiracy liability, and why denial cannot defeat positive identification.

Encroachment Disputes and Land Ownership Rights: A Philippine Supreme Court Guide

The Supreme Court clarifies how registered owners can recover encroached land through accion reivindicatoria, demolition, and damages.

Evidentiary Omissions and Rape Convictions: Lessons from People v. De Guzman

The Supreme Court affirms a rape conviction despite minor testimonial inconsistencies, clarifying the role of medical evidence and victim credibility.

Survival of Actions: Property Rights Prevail After Death in Philippine Law

Philippine Supreme Court clarifies when lawsuits survive a party's death, focusing on property rights versus personal actions under Rule 3.

Mootness Doctrine: Why an Active Legal Dispute Matters in Presidential Eligibility Cases

The Supreme Court explains why a moot case on presidential reelection eligibility was dismissed, and what this means for election law.

Jurisdictional Error: Appealing to the Wrong Court in Anti-Graft Cases

Learn how filing a COA appeal to the wrong court can be fatal, using a recent Supreme Court ruling on quantum meruit.

Stop and Frisk in the Philippines: When Suspicion Justifies a Warrantless Search

The Supreme Court explains when a stop-and-frisk search is valid, the limits of police suspicion, and the penalty for possessing small amounts of shabu.

Buy-Bust Operations: Procedural Lapses Do Not Automatically Invalidate Drug Sale Convictions

Philippine Supreme Court clarifies that lapses in buy-bust procedures do not automatically invalidate drug convictions if the sale and evidence are proven.

Due Process in Labor Disputes: Reevaluation vs. Full Hearing Requirements

Supreme Court clarifies that due process in labor disputes requires opportunity to be heard, not a full hearing, in reevaluation cases.

Rape and the Qualifying Circumstance of Relationship: Proper Allegation for Death Penalty

In People v. Aguilar, the Supreme Court lowered a death sentence to reclusion perpetua because the alleged relationship differed from the one proven.

Administrative Complaints Dismissed for Lack of Evidence: Gabriel v. Ramos

In Gabriel v. Ramos, the Supreme Court dismissed an administrative complaint for grave misconduct after the complainant failed to prove the charges against a court sheriff.

When Intent Trumps Words: Resolving Contractual Ambiguity in Land Disputes

Learn how Philippine courts resolve ambiguous land contracts by examining intent over literal words, with key lessons from a Supreme Court ruling.

Unjust Enrichment: Security Agency Must Return Illegally Garnished NFA Funds

Supreme Court rules security agency must return P8.4M garnished from NFA under a void writ of execution, citing unjust enrichment.

Public Officials' Duty to Disclose Assets: Transparency Upholds Public Trust

The Supreme Court affirms dismissal of a BIR official for failing to declare luxury vehicles in his Statement of Assets, Liabilities and Net Worth.

When Pilots' Negligence Is the Proximate Cause: The 2010 Runway Collision Ruling

Supreme Court rules on proximate cause in the 1996 NAIA runway collision, holding pilots liable for gross negligence despite air traffic clearances.