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Showing 14521–14544 of 19,045 articles for “up”

Rape Information Defects and Statutory Rape Convictions in Philippine Law

Philippine Supreme Court ruling on defective rape informations, statutory rape elements, and penalties for common-law stepfathers.

Betrayal of Trust: Rethinking Penalties for a Father's Rape of His Daughter

Supreme Court ruling on father raping daughter highlights proof requirements for death penalty in qualified rape cases.

Balancing Technical Rules and Substantial Justice in Labor Disputes

Philippine Supreme Court ruling on liberal construction of verification and non-forum shopping rules in labor cases.

Rape Conviction Affirmed: Positive Identification and Medical Evidence Overcome Alibi Defense

Supreme Court affirms rape conviction based on victim's credible testimony and medical findings, but reduces death penalty to reclusion perpetua for unproven minority.

Deposit Insurance Coverage and the Usual Course of Business Rule in Bank Transactions

Supreme Court ruling on PDIC coverage for deposits made before a bank's closure, defining "usual course of business."

Positive Identification Prevails Over Alibi in Double Murder Conviction

Supreme Court affirms double murder conviction, ruling positive identification by eyewitnesses prevails over weak alibi defense.

Proving Fraud or Undue Influence in Donations: Heirs of Sevilla v. Sevilla

The Supreme Court explains what evidence is needed to void a donation for fraud or undue influence, and when a deed of partition is void.

When Ambush and Conspiracy Lead to a Complex Crime: Murder and Attempted Murder in the Philippines

Philippine Supreme Court explains how an ambush with conspiracy forms a complex crime of murder and multiple attempted murder under Article 48.

Undue Delay in Resolving Motions: A Judge's Administrative Liability

The Supreme Court clarifies that judges who unreasonably delay resolving motions face administrative sanctions under Rule 140, even without a specific reglementary period.

Res Judicata Bars Relitigation of Reconveyed Property Disputes

Philippine Supreme Court explains when a prior final judgment prevents a second lawsuit over the same reconveyed property.

Banks' Due Diligence in Foreclosure Sales and Rights of Land Reform Beneficiaries

A bank that forecloses on land without ocular inspection cannot eject land reform beneficiaries, as the Supreme Court ruled in Rural Bank of Sta. Ignacia v. Dimatulac.

Land Registration Rights vs Government Reservation: Balancing Private Claims and Public Welfare

Philippine Supreme Court ruling on res judicata in land disputes involving government reconveyance, private contracts, and public interest.

Civil Law Leases and Tenant Rights: Clarifying Landowner Control in Agrarian Reform

Supreme Court ruling on when civil law lessees may install tenants, and the limits of landowner control under agrarian reform laws.

Treachery Defined When A Coordinated Attack Removes The Chance Of Self Defense

The Supreme Court explains how holding a victim's wrists while another stabs constitutes treachery, qualifying killing to murder.

Trust Receipts Law Liability: When Agents Face Estafa Charges

Learn when corporate agents can face criminal liability for estafa under the Trust Receipts Law, based on the Supreme Court's ruling in Ong v. Court of Appeals.

Judicial Accountability When Misinterpreting Circulars Leads to Liability

Supreme Court clarifies that Circular No. 3-89 covers only administrative cases, not criminal cases against judges; a judge's misinterpretation can result in administrative liability.

Judge Held Liable for Delay and Ignorance of the Indeterminate Sentence Law

A judge's delay in promulgating a decision and erroneous application of the Indeterminate Sentence Law led to administrative liability, though the case closed upon his death.

When Advertising Costs Become Capital Expenditures: Lessons from CIR v. General Foods

Philippine Supreme Court ruling on when large advertising expenses are deductible business costs or capital outlays for goodwill.

When Advertising Costs Become Capital Expenditures: Lessons from Commissioner of Internal Revenue v. General F

Supreme Court ruling on when media advertising expenses are deductible business expenses or capital outlays for goodwill.

Right to Counsel and Due Process: The High Cost of Delay in Drug Offenses

A Supreme Court ruling shows how procedural lapses and missing evidence can unravel drug convictions, underscoring the need for airtight cases.

When Consent Doesnt Protect Kidnapping for Ransom and the Limits of Voluntary Association

The Supreme Court affirms death sentences for kidnappers, rejecting claims that voluntary surrender as rebels shields them from common crime liability.

Illegitimacy, Inheritance Rights, and Marital Presumptions in Philippine Law

A Supreme Court ruling on paraphernal property, contract of adhesion, and unconscionable interest rates shows how Philippine law protects borrowers and spouses.

Dead Man's Statute: Protecting Estates and Ensuring Fair Trials in the Philippines

The Supreme Court clarifies the Dead Man's Statute's scope, balancing estate protection against fair trial rights in claims against deceased persons.

Instigation Is Not a Defense Against Valid Employee Dismissal for Drug Use

Philippine Supreme Court ruling on whether instigation by an employer can shield an employee from dismissal for using prohibited drugs at work.