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Showing 9193–9216 of 19,040 articles for “up”

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies that habeas corpus in child custody cases requires a full trial to determine the child's best interests, not just the child's production in court.

Just Compensation Land Valuation Under Agrarian Reform Requires Independent Judicial Assessment

Philippine Supreme Court rules trial courts must independently determine just compensation in agrarian reform cases, not merely adopt DARAB valuations.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Probable Cause and Warrantless Searches: Safeguarding Rights in Drug Cases

The Supreme Court explains when roadside warrantless searches are valid in drug cases and how probable cause protects accused persons' rights.

Foreclosure Notice Requirements: BPI v. Puzon on Posting, Publication, and Presumption of Regularity

Supreme Court clarifies notice requirements in extrajudicial foreclosure, upholding sale where publication was made and presumption of regularity applied.

CBA Renegotiation Preserving Workers Rights TO Union Representation

Philippine Supreme Court ruling on how CBA renegotiation affects the 60-day freedom period for certification elections and union representation rights.

Upholding Foreclosure Validity When Technicalities Yield to Substantial Compliance

Supreme Court clarifies that minor defects in posting certificates don't invalidate extrajudicial foreclosure when publication and notice requirements are substantially met.

Employee vs Corporate Officer: Who Hears Illegal Dismissal Cases?

The Supreme Court clarifies when a company administrator is a regular employee, not a corporate officer, for labor jurisdiction purposes.

Refusal to Accept Notices Upholds Lessor's Rights in Unlawful Detainer Cases

A lessee's refusal to accept notices to vacate cannot defeat a lessor's right to recover possession in unlawful detainer cases.

Ejectment Cases: When Courts May Admit Evidence Not in the Pleadings

Supreme Court clarifies when trial courts may admit evidence not raised in pleadings, and how prior titles prevail in ejectment disputes.

Just Compensation Under CARP: Applying the Correct Valuation Method

The Supreme Court clarifies that just compensation for lands acquired under RA 6657 must follow Section 17 factors and DAR AO No. 6, not PD No. 27.

St. Luke's v. Fadrigo: Loss of Trust and Confidence Needs Substantial Evidence

In St. Luke's Medical Center v. Fadrigo, the Supreme Court rules that dismissal for breach of trust must rest on substantial evidence.

Contractual Obligations: Interpreting Intent and the Parol Evidence Rule in Loan Agreements

When a loan agreement's terms are clear, courts enforce the written word—not verbal promises. The Supreme Court explains why in Norton Resources v. All Asia Bank.

Positive Identification Prevails Over Alibi in Philippine Murder Conviction

How the Supreme Court affirmed a murder conviction, ruling that credible eyewitness identification outweighs the inherently weak defense of alibi.

Insubordination vs Humane Consideration: Balancing Employee Rights and Employer Authority in Termination Cases

Philippine Supreme Court ruling on St. Luke's Medical Center v. Fadrigo clarifies when insubordination and loss of confidence justify dismissal.

Traffic Violations and Negligence: When Res Ipsa Loquitur Applies in Vehicle Accidents

A Supreme Court ruling explains how traffic violations like illegal overtaking establish negligence, and when res ipsa loquitur applies.

Ejectment Actions Ownership Disputes DO NOT Suspend Ejectment Proceedings

Filing an ownership dispute does not suspend an ejectment case. The Supreme Court explains why in Samonte v. Century Savings Bank.

Bribery and Grave Misconduct: Upholding Integrity in Public Service

A BIR examiner's conviction for grave misconduct in a bribery entrapment underscores the high standard of integrity required of public servants.

Retention Rights Under Agrarian Reform: When Owning Other Land Disqualifies a Landowner

The Supreme Court clarifies when landowners covered by PD 27 may still be disqualified from retention rights under RA 6657.

Accountability for Group Actions: Establishing Conspiracy in Criminal Law

Understand how Philippine courts determine conspiracy in criminal cases, when group liability attaches, and why mere presence or evasion of arrest does not equate to guilt.

Zero-Rated Sales and VAT Refund Eligibility for Power Generation Companies

Explaining the Supreme Court's ruling in San Roque Power Corp. v. CIR on VAT refunds for zero-rated sales by power generators.

Retention Rights Under Agrarian Reform: Balancing Land Ownership and Social Justice

The Supreme Court clarifies when landowners can retain land under agrarian reform, applying restrictions from LOI 474 to RA 6657.

Just Compensation Under CARP: Applying RA 6657 Valuation Principles

The Supreme Court clarifies that just compensation for lands acquired under RA 6657 must follow Section 17 factors and DAR AO No. 6, not PD No. 27.