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Showing 15841–15864 of 19,045 articles for “up”

Upholding Attorney Accountability: Judge Fined for Improper Ex Parte TRO Issuance

Supreme Court holds judge liable for issuing 20-day TRO without summary hearing, violating Administrative Circular No. 20-95.

The Essence of Consent When a Contract Addendum Fails as a Valid Compromise Agreement

A Philippine Supreme Court ruling explains why a contract addendum rejected by one party cannot later be ratified as a compromise agreement once the other party has revoked it.

Upholding Land Ownership Claims: The Importance of Evidentiary Proof in Reconveyance Disputes

A Supreme Court ruling on reconveyance underscores that ownership claims must be proven by clear evidence, not mere allegations.

Accountability for Group Violence: Assessing Liability and Intent in Philippine Law

How Philippine courts assign criminal liability when multiple persons conspire to commit murder, and when aggravating circumstances apply.

Rape Conviction Modified: When Qualifying Circumstances Must Be Alleged

The Supreme Court modifies a rape conviction, acquitting the accused on three counts for insufficient evidence and ruling on the necessity of alleging qualifying circumstances.

When Police Tips Fail: Hot Pursuit Arrests and Drug Evidence in Philippine Courts

The Supreme Court acquits a drug suspect, clarifying when warrantless hot pursuit arrests are invalid and seized drugs inadmissible.

Medical Certification and Due Process in Employee Dismissal: Protecting Workers from Arbitrary Termination

Philippine Supreme Court ruling on Cathay Pacific v. NLRC clarifies rules on medical certification and due process in employee dismissal for disease.

Unregistered Sale vs Attachment Priority OF Rights IN Land Disputes

Philippine Supreme Court ruling on unregistered land sales, laches, and ownership rights in property disputes explained in plain language.

Personal Cultivation Requirement in Agrarian Reform: Palele v. Court of Appeals

Supreme Court ruling on the personal cultivation requirement for agrarian reform beneficiaries and why mere payment does not vest ownership.

Treachery Defined: Justice for Victims Attacked While Defenseless

The Supreme Court explains treachery in murder cases, ruling that attacking a sleeping victim qualifies, ensuring justice for defenseless victims.

Rape Conviction Upheld Despite Delayed Reporting: Fear and Intimidation in Sexual Assault Cases

The Supreme Court affirms a robbery-with-rape conviction, ruling that a victim's delayed reporting and submission due to fear do not negate the crime.

Redemption Rights Demand Strict Compliance and Timely Tender of Full Payment

Philippine Supreme Court ruling on strict compliance with redemption periods and the requirement of timely, full tender in extrajudicial foreclosure.

Redundancy vs Replacement: Protecting Employee Rights in Restructuring

Philippine Supreme Court clarifies the difference between valid redundancy and illegal replacement, protecting employee rights during restructuring.

Reasonable Doubt Prevails: Supreme Court Acquits Murder Accused on Inconsistent Evidence

The Supreme Court acquits a murder accused on reasonable doubt, emphasizing that inconsistent prosecution evidence and corroborated defense testimony cannot sustain a conviction.

Piercing the Corporate Veil: When a Parent Company Can Be Held Liable for Subsidiary Debts

The Supreme Court clarifies when courts may disregard corporate separateness and hold a parent liable for its subsidiary's obligations.

Untimely Appeals When Procedural Rules Trump Agrarian Justice

The Supreme Court denied two agrarian petitions for missing deadlines and lacking standing, showing procedural rules bind even CARP cases.

Burden of Proof in Illegal Dismissal: Unsigned Records Cannot Justify Termination

Unsigned records and self-serving documents cannot justify employee dismissal. The Supreme Court clarifies the employer's burden of proof in illegal termination cases.

PNB v. Ritrato Group: Suing the Wrong Party in Foreclosure Disputes

Learn why the Supreme Court dismissed an injunction suit against PNB, a mere attorney-in-fact, and how corporate veil piercing works.

Mootness in Administrative Cases When Dismissal Renders Judicial Review Unnecessary

When the Ombudsman dismisses administrative charges, a pending petition questioning a preventive suspension order becomes moot. The Supreme Court explains.

Judicial Ethics: Why a Judge Was Reprimanded for Letting His Wife Access Court Records

The Supreme Court reprimanded a judge for allowing his wife access to confidential case records, underscoring judicial impartiality and ethics.

Vindication and Unlicensed Firearms: When Personal Offense Mitigates Murder

The Supreme Court clarifies how a grave personal offense can mitigate murder and how unlicensed firearms affect sentencing.

Downgrading Murder to Homicide: The Crucial Role of Treachery in Philippine Criminal Law

Philippine Supreme Court clarifies when treachery qualifies murder, and when its absence downgrades the crime to homicide.

Finality of Judgments in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final judgments in disbarment cases, citing a lawyer for indirect contempt and disobedience for refusing to return client funds.

When Prosecution Evidence Fails: Acquittal in Drug Possession Case

Philippine Supreme Court acquits drug suspect where prosecution witnesses contradicted each other and failed to prove identity of seized marijuana.