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Showing 10537–10560 of 19,041 articles for “up”

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

Sheriffs Duty Implementing Replevin Orders With DUE Diligence AND Care

When a sheriff seizes property under a replevin order, due diligence is not optional. A Supreme Court ruling shows the costly consequences of neglect.

Land Reclassification Does Not Automatically Strip Tenant Rights, Says SC

Supreme Court clarifies that reclassifying agricultural land to residential use does not automatically divest tenant-farmers of their security of tenure rights.

Moral Turpitude and Attorney Discipline: Upholding Ethical Standards in Personal Conduct

A lawyer's illicit affair and failure to support his child led to a six-month suspension, reaffirming that personal morality matters in the legal profession.

Piercing the Corporate Veil in Land Reform: When Corporate Fiction Evades Agrarian Law

When a corporation is used to evade agrarian reform coverage, courts will pierce the corporate veil. Learn from this Supreme Court ruling.

Buy-Bust Operations and Instigation: When Police Tactics Are Valid in Drug Cases

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug buy-bust operations under RA 9165.

SEC Jurisdiction Over Stock and Transfer Book Disputes in the Philippines

The Supreme Court ruled that the SEC, not the regular courts, has jurisdiction to recall and cancel a stock and transfer book it erroneously registered.

Valid Substituted Service and Child Support Rights in Philippine Family Law

Supreme Court ruling on valid substituted service of summons for OFW parents and the right of illegitimate children to support.

Rehabilitation Proceedings and Contractual Obligations: Balancing Creditor Rights and Corporate Recovery

Philippine Supreme Court ruling on suspension of collection suits during corporate rehabilitation proceedings under PD 902-A.

Entrapment vs Instigation in Drug Cases: Proving Guilt Beyond Reasonable Doubt

Philippine Supreme Court clarifies the distinction between valid entrapment and prohibited instigation in buy-bust operations, and the burden of proof in drug cases.

Intact Hymen Rape Conviction Protecting Victims Despite Medical Findings

Philippine Supreme Court affirms rape conviction despite intact hymen, explaining medical findings do not negate a credible victim's testimony.

Reliever Nurse Deemed Regular Employee: Security of Tenure Prevails

Supreme Court rules a reliever nurse who served over a year is a regular employee, entitled to security of tenure and damages for illegal dismissal.

SEC Jurisdiction Over Stock and Transfer Book Disputes: A Lesson in Regulatory Power

Supreme Court clarifies SEC's regulatory jurisdiction to recall and cancel erroneously registered stock and transfer books, resolving intra-corporate disputes.

When Possession Is Nine Tenths of the Law: Certiorari, Amparo, and Habeas Data in Property Disputes

The Supreme Court clarifies that forcible entry cases belong to first-level courts, and that amparo and habeas data cannot substitute for ordinary remedies in property disputes.

Seafarer Death Benefits: The Primacy of the Employment Contract's Term

Philippine Supreme Court clarifies that a seafarer's death during the contract term entitles heirs to death benefits under the POEA Standard Employment Contract.

SEC Authority Validating Stock and Transfer Books Over Intra-Corporate Disputes

Explaining the Supreme Court ruling that the SEC has regulatory jurisdiction to validate and cancel stock and transfer books.

Credibility of Rape Victim's Testimony Can Stand Alone for Conviction

The Supreme Court affirms that a rape victim's credible, straightforward testimony is sufficient for conviction, even without corroborating evidence.

Agrarian Reform: When Courts Can Interfere With DAR's Discretion

Explains when courts may review DAR decisions in agrarian reform cases, using a 2008 Supreme Court ruling on CARP exemptions.

VAT Refund for Tourists Upheld: Equal Protection and Tax Classification Explained

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection or tax uniformity.

Upholding Integrity Disciplinary Action FOR Failure TO PAY Just Debts AND Insubordination IN THE Judiciary

Good Faith and the Exercise of Legal Rights: When Demands for Rent Don't Amount to Abuse of Rights

Philippine Supreme Court clarifies that sending demand letters to assert property rights, done in good faith, is not an abuse of rights under Article 19 of the Civil Code.

Reconstitution of Lost Titles: Protecting Property Rights Despite Missing Records

Philippine Supreme Court explains how lost or destroyed land titles can be reconstituted under R.A. 26, protecting property owners' rights.

Breach of Trust When Confidentiality Justifies Dismissal of a Managerial Employee

When can an employer dismiss a managerial employee for breach of confidentiality? The Supreme Court explains the rule on loss of trust and confidence.

Jurisdictional Boundaries Resolving Labor Disputes Involving Government Chartered Corporations

A Supreme Court ruling clarifies that labor disputes in government-owned or controlled corporations with original charters fall under the Civil Service Commission, not the NLRC.