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Showing 13057–13080 of 19,043 articles for “up”

When Can a Former Government Lawyer Represent Private Clients? PCGG v. Sandiganbayan Explained

The Supreme Court clarifies Rule 6.03 on former government lawyers, defining "matter" and "intervention" in disqualification cases.

Enforcing Justice Filing Fees AND Access TO Courts IN Foreign Judgment Cases

Philippine Supreme Court ruling on filing fees for enforcing foreign judgments, ensuring court access for human rights victims.

Venue Stipulations in Promissory Notes Extend to Surety Agreements

When a promissory note fixes an exclusive venue, that stipulation binds the surety agreement supporting it, the Supreme Court rules.

Due Process Prevails: Substantial Amendment to Information Requires New Preliminary Investigation

Supreme Court rules substantial amendments to criminal informations require new preliminary investigation to protect accused's due process rights.

Preliminary Investigation After Substantial Amendment: Due Process in Amended Criminal Charges

When can prosecutors amend criminal charges without a new preliminary investigation? The Supreme Court clarifies the due process rule.

Homestead Rights vs Agrarian Reform: What Landowners Must Know

A Supreme Court ruling clarifies that homestead patents do not automatically exempt land from agrarian reform coverage under Philippine law.

Upholding Priority Rights: The Lessee's Right of First Refusal in Property Sales

Philippine Supreme Court ruling on a lessee's right of first refusal, its enforceability against heirs, and remedies for breach.

Dismissal for Dishonesty: Upholding Integrity in the Philippine Judiciary

A Court of Appeals employee who solicited P1 million for a favorable decision was dismissed. The Supreme Court reaffirms strict standards for court personnel.

Land Disputes: Homestead Rights vs. Agrarian Reform in the Philippines

The Supreme Court clarifies when homestead lands fall under agrarian reform, and why courts cannot simply eject tenant-farmers.

Morality vs Constitutionality: Manila's Ermita-Malate Ordinance Struck Down

The Supreme Court nullified Manila Ordinance No. 7783 banning motels and similar establishments in Ermita-Malate, ruling it violated due process and property rights.

Docket Fees and Jurisdiction in Land Ownership Disputes: Key Lessons

Learn how the Supreme Court clarified docket fee payment, jurisdiction, and procedural rules in land ownership disputes.

When Substantial Justice Trumps Procedural Rigidity in Labor Disputes

Philippine Supreme Court clarifies that substantial justice prevails over procedural rules in labor cases, but only when rights are not prejudiced.

Compulsory Counterclaims: No Certificate of Non-Forum Shopping Required

The Supreme Court clarifies that compulsory counterclaims need no certificate of non-forum shopping, as they are not initiatory pleadings.

Self-Defense vs. Vengeance: Defining the Limits of Justifiable Force in Philippine Law

The Supreme Court clarifies when the defense of another justifies force, and when it becomes criminal vengeance under Philippine law.

Retrenchment Rigor: Proving Losses to Justify Employee Dismissal in the Philippines

Philippine Supreme Court ruling on F.F. Marine v. NLRC clarifies the strict evidentiary burden employers face when retrenching workers due to business losses.

Judicial Accountability: Independent Evaluation Required Before Dismissing Criminal Cases

Supreme Court holds judges liable for granting motions to dismiss without independent review, notice, and hearing.

Dismissal of Appeal for Late Appellant's Brief: Timely Filing Is Mandatory

The Supreme Court affirms dismissal of an appeal for failure to file the appellant's brief on time, rejecting claims of excusable neglect.

Appeal Route Clarified: COSLAP Decisions Go to Court of Appeals, Not Directly to Supreme Court

Learn why COSLAP rulings on labor cases must be appealed to the CA first, based on a recent Supreme Court decision.

Breach of Trust vs Freedom of Expression: Employee Rights in Dismissal Cases

When can an employer validly dismiss for breach of trust or misconduct? The Supreme Court clarifies the limits in Fujitsu v. De Guzman.

PPA Rate Increases and Due Process: What Shipping Lines Should Know

The Supreme Court clarifies when notice and hearing are required for port rate increases by the Philippine Ports Authority.

Upholding Procedural Rules A Guide TO Appealing Court Decisions IN THE Philippines

Learn how to properly appeal court decisions in the Philippines and avoid dismissal due to procedural defects.

Retroactive Application of Procedural Rules Ensuring Fairness in Certiorari Filings

Philippine Supreme Court ruling on retroactive application of curative procedural rules for certiorari filings under Rule 65.

Water Rights vs Interference: When Courts Decide Water District Disputes

Supreme Court clarifies when regular courts, not the water council, have jurisdiction over water district disputes involving interference with vested rights.

Reinstatement of Criminal Cases: Balancing Procedural Rules and Substantial Justice

Philippine Supreme Court ruling on procedural compliance in appeals, balancing strict rules against substantial justice in criminal case reinstatement.