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Showing 11233–11256 of 19,041 articles for “up”

When Alibi Falls Short: The Weight of Credible Eyewitness Testimony in Philippine Criminal Cases

The Supreme Court affirms a homicide conviction based on a single eyewitness's credible testimony, explaining why alibi failed.

Admissibility vs Probative Value in Illegal Dismissal Cases: Burden of Proof on Employers

Philippine Supreme Court clarifies that admissible evidence may still lack probative value in illegal dismissal cases, reaffirming employer's burden of proof.

DAR vs DARAB: Who Decides Beneficiary Selection in Agrarian Reform Cases

The Supreme Court clarifies the line between DAR's administrative power to pick agrarian reform beneficiaries and DARAB's adjudicative role.

Labor Arbiter Jurisdiction Over Employee Claims: Incon Industrial Corp. Case

When do labor claims belong to the Labor Arbiter, not the RTC? The Supreme Court clarifies jurisdictional boundaries in Incon Industrial Corp.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

Online Psychological Abuse Under RA 9262: When a Public Facebook Post Leads to a Higher Penalty

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and why using Facebook raises the penalty.

Universal Charge Under EPIRA: Police Power, Not Taxation, Says Supreme Court

The Supreme Court upheld the EPIRA's Universal Charge as a valid police power exaction, not a tax, and found no undue delegation of legislative authority.

Deposition Deadlines in Intra-Corporate Cases: Philippine Computer Solutions v. Hernandez

The Supreme Court clarifies the 15-day discovery period under the Interim Rules on Intra-Corporate Controversies and the rule on interlocutory orders.

Certiorari vs Appeal: Choosing the Right Remedy in Administrative Cases

A Supreme Court ruling clarifies why certiorari cannot substitute for a lapsed appeal in Ombudsman administrative cases, and explains the proper remedy.

Deposition Deadlines in Corporate Disputes: What Philippine Computer Solutions v. Manzo Teaches

Philippine Supreme Court clarifies deposition deadlines in intra-corporate disputes and why interlocutory orders must be raised on appeal.

Universal Charge Under EPIRA: Balancing Regulatory Power and Consumer Protection

The Supreme Court upheld the EPIRA universal charge as a valid police power exaction, not a tax, and affirmed ERC's delegated authority.

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Upholding Ethical Conduct: Disciplining Court Personnel for Misconduct and Neglect of Duty

The Supreme Court suspended a sheriff and fined a clerk for demanding unauthorized fees and delaying court records, reinforcing accountability in the judiciary.

Custody Habeas Corpus: Family Courts and the Court of Appeals Share Jurisdiction

The Supreme Court clarifies that family courts do not have exclusive jurisdiction over habeas corpus petitions involving child custody disputes.

Robbery With Homicide: When Intent to Rob and Resulting Death Define the Crime

The Supreme Court clarifies the elements of robbery with homicide, why attempted murder is absorbed, and the penalties imposed.

Finality of Judgments: When Persistence Becomes Contempt of Court

A lawyer's relentless attacks on a final Supreme Court ruling led to indirect contempt. Learn the limits of fair criticism.

Sovereign Solvency: Why the Republic Is Exempt From Attachment Bond Requirements

The Supreme Court affirms that the Republic of the Philippines, as a sovereign, is exempt from posting attachment bonds in civil cases.

Authentication or Bust: When Private Documents Need Proof to Fly in Court

Philippine Supreme Court ruling on why private documents like audited financial statements must be authenticated before courts can admit them as evidence.

Losing the Right to Appeal: The Importance of Following Election Rules in Electric Cooperatives

A Supreme Court ruling on election contests shows why strict compliance with procedural rules in electric cooperative elections is non-negotiable.

Marital Violence Establishing Guilt Beyond Reasonable Doubt IN Parricide Cases

A husband who stabbed his sleeping wife was convicted of parricide. The Supreme Court affirmed the conviction and clarified the rules on child testimony, treachery, and damages.

Treachery Defined: The Element of Surprise in Criminal Law

The Supreme Court explains treachery as a sudden, unexpected attack, using a husband stabbing his sleeping wife as the defining example.

Price Certainty in Real Estate Sales: When a "Yes" Is Not Enough

Philippine Supreme Court clarifies that a contract of sale requires a definite price; vague terms and unresolved payment details prevent perfection.

Sheriffs Authority Limits On Enforcing Barangay Settlements

When can sheriffs enforce a barangay amicable settlement? The Supreme Court clarifies the limits of sheriff authority in Solway v. Pascasio.

Custody of Minors and Habeas Corpus: Understanding Court Jurisdiction in the Philippines

The Supreme Court clarifies that family courts and the Court of Appeals share concurrent jurisdiction over habeas corpus petitions involving custody of minors.