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Showing 8953–8976 of 19,040 articles for “up”

Supreme Court Upholds VAT Refund Law for Foreign Tourists: A Win for Philippine Tourism

The Supreme Court upheld RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection or uniform taxation.

Withdrawal of Application Can Overcome Misrepresentation Claims in Overseas Employment

Philippine Supreme Court ruling on when a worker's withdrawal of application defeats claims of misrepresentation and non-issuance of receipts against recruitment agencies.

Chain of Custody Safeguarding Drug Evidence in Philippine Law

Philippine Supreme Court clarifies the chain of custody rule in drug cases and why lapses can lead to acquittal.

Illegal Dismissal Damages: Computing Backwages Until Judgment Becomes Final

Philippine Supreme Court clarifies how backwages and separation pay are computed in illegal dismissal cases, including when the computation period ends and interest applies.

Sharia Courts and Property Disputes: Concurrent Jurisdiction in Muslim Mindanao

Explaining the Supreme Court ruling that Sharia District Courts share jurisdiction with regular courts over real property cases involving Muslims.

Foreclosure Sales Upholding Validity Despite Single Bidder

Philippine Supreme Court clarifies that extrajudicial foreclosure sales remain valid even with only one bidder, settling the two-bidder rule question.

Correcting Election Errors: Safeguarding the Electorate's True Will

The Supreme Court upholds COMELEC's power to correct manifest errors in election documents to protect the true will of voters.

Reckoning Backwages and Separation Pay: Finality of Illegal Dismissal Judgments

When illegal dismissal judgments become final, backwages and separation pay must be computed up to that date, not just the labor arbiter's decision date.

Confession and Circumstantial Evidence Sustaining Conviction in Rape with Homicide Cases

The Supreme Court explains when a spontaneous confession is admissible and how circumstantial evidence alone can prove rape with homicide.

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court ruling explains why parties must exhaust administrative remedies and file motions for reconsideration before seeking court relief.

Parental Authority vs Incest: Upholding Conviction in Qualified Rape Cases

Supreme Court affirms qualified rape conviction of father, ruling that a father's moral ascendancy substitutes for force and resistance in incestuous rape.

Unregistered Trade Names Protected Under Philippine IP Law: Coffee Partners v. San Francisco Coffee

Philippine Supreme Court clarifies that unregistered trade names are protected from infringement under RA 8293, requiring only prior use in commerce.

Love Conquers All: Marriage Extinguishes Rape Conviction Under Philippine Law

Philippine Supreme Court absolves a convicted rapist after marrying the victim, citing provisions of the Revised Penal Code on marriage as extinguishing criminal liability.

Default Orders and Due Process: Protecting Contractors' Rights in Construction Disputes

Philippine Supreme Court ruling on default orders, due process, and corporate officer liability in construction payment disputes.

Private Contractors Can Be Held Liable Under the Anti-Graft Law for Conspiring With Public Officers

The Supreme Court affirms that private individuals who conspire with public officers in graft cases can be held liable under Section 3(e) of RA 3019.

Seafarers Disability: Work-Related Aggravation and Employer Liability

Supreme Court ruling on seafarer's colon cancer compensability, work-related aggravation, and employer liability for total disability benefits.

When a Family Trust Fails: Proving Partnership and Ownership After Death

Philippine Supreme Court clarifies how to prove a partnership existed and who owns family assets when a relative dies without formal documents.

Lump Sum vs. Unit Price in Land Sales: The Del Prado v. Caballero Rule

Philippine land sale disputes often hinge on lump sum versus unit price contracts. The Supreme Court's ruling in Del Prado v. Caballero clarifies the rules.

Christmas Bonus in the CBA: When a Gratuity Becomes a Demandable Obligation

The Supreme Court held that a Christmas bonus written into a collective bargaining agreement is a binding obligation, not a mere act of employer generosity.

Ombudsman Cannot Probe Supreme Court Justices for Judicial Acts

Court dismisses Ombudsman complaint against retired Justices, limits Ombudsman power over judicial acts.

Upholding Judicial Independence: Protecting Judges From Collateral Attacks on Final Judgments

The Supreme Court shields its members from collateral attacks via criminal complaints, reaffirming that only it can declare its own judgments unjust.

Disbarment for Attorney Misconduct: Court Personnel Extortion and Abuse of Authority

Court personnel extorting litigants face severe penalties. Learn from a Supreme Court ruling on gross misconduct, bribery, and abuse of authority.

Smoking Ban Enforcement: When Rules Fail to Designate Smoking Areas

A Supreme Court ruling on smoking in stairwells shows why workplace smoking bans must designate where employees can legally smoke.

Safeguarding the Chain of Custody in Drug Offenses: People v. Peralta

The Supreme Court acquits a drug suspect after the prosecution failed to prove the chain of custody of seized shabu, underscoring the need to preserve evidence integrity.