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Showing 11953–11976 of 19,042 articles for “up”

Work Relatedness and Death Benefits: Proving Causal Links in Compensation Claims

Philippine Supreme Court clarifies when illnesses like breast cancer qualify for death benefits under PD 626, requiring proof of work-related risk.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Warrant Removal from the Bench

The Supreme Court dismissed a judge for gross immorality after he admitted to an extramarital affair and fathering a child, while suspending him from law practice for three years.

Upholding Arbitral Jurisdiction: The Supreme Court's Stance on Construction Disputes and Judicial Injunctions

The Supreme Court clarifies that CIAC has exclusive jurisdiction over construction disputes, and courts must defer to arbitration proceedings.

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.

Attorney-Client Privilege vs Disclosure Mandates in Marcos-Era Asset Recovery

Supreme Court clarifies when attorney-client privilege yields to disclosure mandates in recovering Marcos-era ill-gotten wealth.

Official Duty vs Criminal Liability: Defining Boundaries in Government Transactions

The Supreme Court clarifies when public officials face criminal liability for anomalous government transactions despite claims of mere ministerial duty.

Mandatory Arbitration Prevails: Contractual Disputes Must Go to Arbitration First

Philippine Supreme Court ruling: when a contract has a mandatory arbitration clause, parties must arbitrate before going to court.

Court Division Jurisdiction Over Execution of Final Labor Decisions

Supreme Court nullifies CA ruling on labor award computation, holding only the division that decided the case may resolve execution disputes.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

When Courts Won't Overrule Prosecutors on Probable Cause: GlaxoSmithKline v. Malik

Philippine Supreme Court explains why courts defer to prosecutors on probable cause, using a dismissed drug case as an example.

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

Quorum in Nonstock Corporations: Counting Only Living Voting Members

Supreme Court ruling on quorum in nonstock corporations—dead members excluded, only living voting members count.

Franchise Tax Obligations During Suspended VAT Implementation

When the Supreme Court suspends a tax law's implementation, old tax rules continue to apply. This case explains why.

Forum Shopping and Procedural Rules: Lessons from Estrera v. Demecillo

Learn how the Supreme Court clarified forum shopping rules, procedural deadlines, and due process in Estrera v. Demecillo.

Philippine Supreme Court Upholds Consumer Rights Publication Required FOR Electricity Rate Hikes

The Supreme Court ruled that electricity rate hike applications must be published and opened for public comment, protecting consumer rights under the EPIRA.

Upholding Judicial Integrity: The Consequences of Disobeying Court Orders

In Gaspar v. Judge Adaoag, the Supreme Court fined a judge P10,000 for deciding a case while suspended, stressing that its orders must be obeyed fully.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Court Interpreter Cleared of Administrative Charges for Lack of Evidence

Supreme Court dismisses administrative complaint against court interpreter, stressing complainant's burden of proof in administrative cases.

Judicial Conduct and Mental Fitness: Ensuring Impartiality on the Bench

Philippine Supreme Court affirms removal of judge with mental unfitness and belief in "dwendes," citing judicial detachment.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.