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Showing 14665–14688 of 19,045 articles for “up”

Procedural Rigor vs Substantial Justice: Upholding the Rules of Certiorari

The Supreme Court reminds litigants that procedural rules, including Rule 65 requirements, cannot be ignored even in cases with substantial merit.

Accountability for Conspiracy: Identifying Active Roles in Homicide Cases

A Supreme Court ruling explains how conspiracy in homicide is proven and why all participants share equal liability for the crime.

When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.

Co-Equal Court Rule: When a Spouse Cannot File a Separate Case to Nullify a Levy

Philippine Supreme Court explains why a spouse cannot file a separate case to nullify a levy made by a co-equal court, and when third-party claims apply.

Breach of Contract: GSIS Liable for Failure to Return Title Despite Absence of Bad Faith

Philippine Supreme Court holds GSIS liable for breach of contract for failing to return a property title, even without bad faith. Learn the legal rules.

When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.

Mortgage Release: Full Payment Trumps Bank's Restructuring Claim

Full payment of a loan obliges a bank to release the mortgage. The Supreme Court clarifies when a bank's restructuring claim fails.

False Promises, Broken Dreams: Illegal Recruitment and the Pursuit of Overseas Work

Illegal recruitment in large scale is a crime of economic sabotage. A Supreme Court ruling shows how false promises of jobs abroad destroy dreams.

Expiration of Redemption Rights: Failure to Consign Full Payment Voids Repurchase of Unregistered Land

Philippine Supreme Court ruling on why a defective consignation fails to redeem property sold with right to repurchase, and the risks of buying unregistered land.

Judicial Integrity: Proving Bribery and Corruption Charges Against Philippine Judges

Philippine Supreme Court ruling on administrative liability of judges for misconduct, delay, and ignorance of the law.

Treachery Defined: The Element of Surprise in Philippine Murder Cases

How the Supreme Court defined treachery in murder cases, requiring sudden, unexpected attack that leaves the victim unable to defend.

Breach of Trust Establishing Liability for Qualified Theft in Managerial Roles

How the Supreme Court ruled that a store manager's breach of confidence constitutes qualified theft, with penalty computation explained.

Distinguishing Loan From Accommodation When Bank Negligence Leads to Liability

When is a deposit a loan or a mere accommodation? The Supreme Court clarifies the distinction and when banks face liability for employee negligence.

Clerks of Court Cannot Charge Fees for Receiving Ex Parte Evidence

Supreme Court rules clerks of court cannot collect commissioner's fees for receiving ex parte evidence; reprimand issued in A.M. No. P-02-1594.

Limits on Complainants' Right to Appeal Dismissal: People v. Velez

Philippine Supreme Court ruling on administrative liability of judges who delay decisions and commit gross ignorance of law.

Just Cause vs Due Process in Employee Dismissal: The Rosario Ruling

Philippine Supreme Court clarifies that a valid dismissal cause without procedural due process makes termination ineffectual, not illegal, and orders backwages.

Unlawful Arrest and Admissible Evidence: Key Lessons from a Robbery Case

How the Supreme Court protected constitutional rights by excluding evidence from an unlawful warrantless arrest in a robbery case.

Immunity From Prosecution for Witnesses in Vote-Buying Cases Explained

Philippine Supreme Court clarifies when vote-selling witnesses gain immunity from prosecution under RA 6646, protecting those who expose vote-buying.

Broadcasting Rights: The Indispensable Congressional Franchise for Radio and TV Operations in the Philippines

Philippine Supreme Court clarifies that a congressional franchise is indispensable for operating radio and television stations, not just an NTC permit.

Identifying a Rapist by Voice and Smell: Evidence in Philippine Rape Cases

Philippine Supreme Court ruling on rape conviction based on victim's testimony, medical findings, and identification of the accused.

Rape Conviction Upheld: Penetration of Labia Minora Constitutes Carnal Knowledge

Supreme Court clarifies that penetration of the labia minora, even without full vaginal entry, satisfies the carnal knowledge requirement for rape.

Court Employee Reprimanded for Willful Failure to Pay Just Debts

Supreme Court rules on administrative liability of court employee who refused to pay cooperative loans, citing ethical standards.

Choosing the Right Path: Appealing Agrarian Disputes in the Philippines

Learn the correct mode of appeal for DAR decisions in agrarian disputes, as clarified by the Supreme Court in Sebastian v. Morales.

Entrapment vs Instigation: Safeguarding Rights in Drug Sale Apprehensions

Understanding the Supreme Court's distinction between entrapment and instigation in drug cases, and why it matters for protecting accused persons' rights.