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Showing 10729–10752 of 19,041 articles for “up”

Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan

Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.

Treachery and Accountability: Examining Guilt in the Santa Elena Murders

A look at how the Supreme Court affirmed murder and frustrated murder convictions, applying treachery rules in the Santa Elena killings.

Rape Conviction Affirmed: Credibility, Alibi, and Qualifying Circumstances

The Supreme Court affirms a stepfather's rape conviction, explaining why a child victim's credible testimony outweighs alibi and why unalleged qualifying circumstances reduce the penalty.

Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts

The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.

Road Right of Way and Due Process in Easement Annotation: The Borromeo Bros. Case

When is annotating an easement of road right of way valid? The Supreme Court explains due process in land registration proceedings.

When Court Orders Spark Complaints: Judicial Errors vs. Administrative Cases

The Supreme Court clarifies when a judge's error is a judicial matter for appeal, not an administrative case, in Tallado v. Racoma.

Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable

The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.

Primarily Confidential: Defining the Role and Tenure of Corporate Secretaries in GOCCs

The Supreme Court rules that the corporate secretary of a GOCC holds a primarily confidential position, not a permanent career post.

Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction

Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.

Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession

When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.

Clerk of Court Liability for Lost Court Records: The Limits of Due Diligence

When court records go missing, who bears responsibility? The Supreme Court clarifies that clerks of court cannot blame subordinates for lost case files.

Exhaustion of Administrative Remedies and Impartiality in HLURB Housing Disputes

The Supreme Court explains why a developer's bid to stop HLURB proceedings for alleged bias failed, and what the ruling means for parties in housing disputes.

Postdated Checks and Estafa: When a Bouncing Check Becomes a Crime

The Supreme Court clarifies when issuing postdated checks with insufficient funds constitutes estafa under the Revised Penal Code.

Rape of a Child with Intellectual Disability: When Knowledge of the Victim's Condition Matters

The Supreme Court clarifies when the prosecution must prove an accused knew the victim had an intellectual disability in qualified rape cases.

Copyright Infringement and Prescription: What Retailers Should Know

A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.

Jurisdiction Over Labor Disputes: The Decisive Moment of Filing Claims

A Supreme Court ruling on why filing the wrong remedy — or the right one too late — can end a labor case before the merits are ever reached.

Tax Declarations as Indicia of Possession: Lessons from Leoncio v. De Vera

Philippine Supreme Court ruling on tax declarations as evidence of possession and ownership in land reconveyance cases.

Upholding Judicial Accountability THE Consequences OF Delayed Case Resolution AND Record Mishandling

Court Employee Suspended for Handling Bail Money: Breach of Trust Rules

Supreme Court suspends court utility worker for receiving bail money and drafting motions—acts beyond her authority and a breach of judicial trust.

Defining Sexual Harassment: The Intimidation Factor and Employer Accountability

The Supreme Court clarifies that sexual harassment includes acts creating a hostile environment, not just explicit demands for sexual favors.

Burden of Proof in Tax Refund Claims: Taxpayers Must Provide Sufficient Evidence

Philippine Supreme Court ruling on Atlas Consolidated Mining clarifies that taxpayers claiming VAT refunds must present complete documentary evidence.

Ensuring Due Process When Procedural Technicalities Clash With Fair Investigation

The Supreme Court reminds courts that procedural rules must yield to substantive justice, especially when a respondent's right to due process in preliminary investigation is at stake.

Mandamus vs. COMELEC Discretion: When Courts Cannot Compel a Specific Ruling

Explore Quizon v. COMELEC, where the Supreme Court clarified that mandamus cannot compel COMELEC to rule a certain way on disqualification cases.

Incestuous Rape: Conviction Based on Victim's Testimony and the Alibi Defense

In People v. Abon, the Supreme Court affirmed a father's conviction for incestuous rape based on his daughter's testimony and rejected his alibi defense.