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Showing 15073–15096 of 19,045 articles for “up”

Electoral Justice Imperiled When Judges Overstep In Voter Inclusion Cases

When a judge grants voter inclusion petitions without hearing, the integrity of elections and judiciary suffers. A Supreme Court ruling explains why.

When Rape Precedes Robbery: Distinguishing Theft from Robbery with Rape

The Supreme Court clarifies when taking property after rape constitutes theft, not robbery with rape, in People v. Tamayo.

Confessions and Constitutional Rights: Safeguarding Justice in Custodial Investigations

The Supreme Court acquits an accused in a rape-homicide case, ruling that confessions obtained without counsel and circumstantial evidence are insufficient for conviction.

Fleeing Justice: How Absence Can Imply Guilt in Philippine Law

The Supreme Court explains when flight from arrest signals guilt, and why absence alone cannot prove conspiracy or treachery.

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Seafarers Are Contractual Employees: The Millares Ruling on Fixed-Term Overseas Work

The Supreme Court clarifies that Filipino seafarers are contractual, not regular, employees under Philippine law, and explains the limits of Article 280.

Seafarers' Employment Status: Contractual, Not Regular, Under Philippine Law

Philippine Supreme Court clarifies that seafarers are contractual employees, not regular employees under Article 280 of the Labor Code.

Limits to Free Speech: Protecting Judicial Independence From Public Pressure

The Supreme Court held that statements pressuring justices to rule a certain way are not protected free speech but indirect contempt of court.

Accomplice Liability in Kidnapping: Intent and the Scope of Criminal Participation

Philippine Supreme Court clarifies when a person becomes an accomplice, not a conspirator, in kidnapping for ransom cases.

Debt Default by Public Servants: Upholding Ethical Standards in Government Employment

Court rules on public servants' willful failure to pay just debts, clarifying administrative liability under civil service rules.

Incestuous Rape and Proving the Victim's Minority in Capital Cases

In People v. Canon, the Supreme Court affirmed a death sentence for a father who raped his nine-year-old daughter, ruling on how minority and relationship are proven.

Judicial Ethics Under Scrutiny: Dismissal for Immorality and Misconduct

Supreme Court dismisses judge for illicit affair and courtroom drinking, reinforcing strict judicial ethics standards in the Philippines.

Father's Conviction for Raping Minor Daughter Upheld; Death Penalty Affirmed

The Supreme Court affirms the death sentence of a father convicted of qualified rape of his 14-year-old daughter, clarifying rules on victim credibility and damages.

Standing Firm Against Abuse: The Supreme Court's Stance on Rape and Incest

A father's rape of his 9-year-old daughter tests the limits of Philippine law on evidence, procedure, and the death penalty.

Rape Conviction: Why Qualifying Circumstances Must Be Proved Beyond Reasonable Doubt

The Supreme Court explains when rape is qualified or simple, and why the prosecution must prove every aggravating circumstance beyond reasonable doubt.

Entrapment vs Instigation: Safeguarding Rights in Drug Enforcement

The Supreme Court clarifies the line between valid entrapment and prohibited instigation in drug cases, and explains how courts protect accused persons' rights.

Robbery With Homicide: Proving Conspiracy and the Limits of Band Aggravation

The Supreme Court explains when conspiracy makes co-accused liable for robbery with homicide, and why "band" aggravates only when three or more armed men are proven.

Security of Tenure: Illegal Transfers as Constructive Removal in Philippine Civil Service

The Supreme Court ruled that transferring a permanent government employee without consent and without cause violates security of tenure and amounts to constructive removal.

Failure of Election Grounds and Remedies in Philippine Law

The Supreme Court clarifies the limited grounds for declaring a failure of election and why election protests, not annulment, address fraud claims.

Assessed Value, Not Market Value, Governs Court Jurisdiction in Property Disputes

Philippine Supreme Court rules that in actions involving title to or possession of real property, the assessed value—not market value—determines which court has jurisdiction.

Supreme Court Upholds VAT Refund Law for Foreign Tourists

The Supreme Court upholds RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection and uniform taxation.

When Employment Contracts Expire: Protecting Security of Tenure in Philippine Labor Law

The Supreme Court clarifies when contract expiration becomes illegal dismissal, and why employees cannot be forced into early retirement before age 65.

Judicial Stability Doctrine: Resolving Jurisdictional Conflicts Between Co-Equal Courts

Philippine Supreme Court explains the doctrine of judicial stability and how co-equal courts resolve jurisdictional conflicts without overstepping authority.

Urban Land Reform Tenants Right Of First Refusal Limited TO Declared Zones

The Supreme Court clarifies that the right of first refusal under P.D. 1517 applies only to tenants in declared urban land reform zones.