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Showing 12697–12720 of 19,042 articles for “up”

Water District General Managers: Security of Tenure vs Board Discretion

Philippine Supreme Court ruling on whether water district general managers serve at the pleasure of the board or enjoy security of tenure.

HLURB Jurisdiction: Protecting Buyers vs. Resolving Ownership Disputes

The Supreme Court clarifies that HLURB cannot resolve ownership disputes between buyers, limiting its jurisdiction to developer-related cases.

Resignation vs Retirement: When Does a Public Officer Truly Leave Office

The Supreme Court explains the difference between resignation and retirement for public officers, and why acceptance matters in Reyes v. Atienza.

Proof of Decree Absence of Evidence Dooms Land Title Petition

In Republic v. Masongsong, the Supreme Court ruled that a petition to replace a lost land decree fails without proof the decree ever existed.

Balancing Procedural Rules and Substantial Justice: The MRT v. CTA Case

The Supreme Court reminds courts that procedural rules must yield to substantial justice when a litigant is denied a fair chance to present evidence.

When Courts Must Relax Procedural Rules to Prevent Injustice

The Supreme Court reminds courts that procedural rules serve justice, not frustrate it, in a tax case where a taxpayer was barred from presenting evidence.

Dismissal Upheld Despite Prior Termination When Dishonesty Charges Become Moot

Philippine Supreme Court clarifies rules on project employment, labor-only contracting, and due process in illegal dismissal cases.

Limits to Free Speech When Attorney Conduct Turns Unprofessional

A lawyer's free speech in pleadings has limits. The Supreme Court suspends a counsel for offensive language against opposing counsel.

When Courts Must Relax Procedural Rules: The MRT Tax Case and the Right to Present Evidence

The Supreme Court ruled that courts must liberally apply procedural rules to give litigants every opportunity to present their case on the merits.

Psychological Incapacity: Abandonment and Infidelity Alone Insufficient for Marriage Nullity

The Supreme Court clarifies that abandonment, infidelity, and even bigamy do not automatically prove psychological incapacity under Article 36 of the Family Code.

Taxpayer Standing to Challenge Government Spending: Jumamil v. Cafe

The Supreme Court clarifies when taxpayers may challenge local government spending and the limits of declaratory relief in Jumamil v. Cafe.

Good Faith and Due Diligence When Lawyers Rely on Official Records

When can a lawyer rely on official receipts without facing disciplinary action? The Supreme Court explains the limits.

Judicial Accountability: The Price of Disregarding Court Directives

When a judge ignores orders from the Office of the Court Administrator, the Supreme Court steps in. This case shows why compliance matters.

Bank Negligence and the Duty of Care in Handling Depositor Accounts

Philippine Supreme Court ruling on banks' fiduciary duty and liability for unauthorized withdrawals from depositor accounts.

Protecting Trademarks: The Balance Between Brand Identity and Business Operations

The Supreme Court clarifies when preliminary injunctions may issue in trademark cases, balancing brand protection against business disruption.

Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions

Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.

Accountability Confirmed Malversation Conviction Upheld Despite Claims OF Incomplete Audit

Implied Lease Renewal vs. Contractual Obligations: Rivera v. Roman

When does continued possession after a lease expires create an implied renewal? The Supreme Court clarifies the rules in Rivera v. Roman.

Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.

When a Response to a Request for Admission Is Not Required: DBP v. Canadalla-Go

The Supreme Court clarifies when a party need not respond to a request for admission and when an unsworn response may be excused.

Supreme Court Upholds VAT Refund Law for Foreign Tourists Against Equal Protection Challenge

The Supreme Court upheld the constitutionality of the VAT refund law for non-resident foreign tourists, ruling that the classification rests on substantial distinctions.

Large-Scale Illegal Recruitment: When Conspiracy and Acts of Participation Establish Guilt

The Supreme Court explains when a person who did not collect fees can still be liable for large-scale illegal recruitment through conspiracy.

Writ of Possession: Ex Parte Nature and Independence From Mortgage Disputes

A Supreme Court ruling explains why a writ of possession is issued ex parte and why it can stand even while a case questioning the mortgage is still on appeal.

Due Process in Forfeiture Cases: Spouses' Right to Preliminary Investigation

Explaining the Supreme Court's ruling on forfeiture proceedings, spouses' due process rights, and preliminary investigation requirements under RA 1379.