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Showing 17113–17136 of 19,045 articles for “up”

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Judicial Overreach Defining Jurisdictional Boundaries IN Marriage Solemnization

Philippine Supreme Court clarifies judges' authority in marriage solemnization, ruling on jurisdiction limits and administrative liability.

Rape Conviction: Credibility of Testimony and the Nuances of Penetration

The Supreme Court affirms a rape conviction based on the victim's credible testimony, clarifies penetration nuances, and adjusts penalties and damages.

Exit Polls and Free Expression: The ABS-CBN v. Comelec Ruling

The Supreme Court ruled that Comelec cannot totally ban exit polls, as they are protected by freedom of speech and of the press.

When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas

Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.

Forgery in Land Sales: Upholding Final Judgments Against Claims of Extrinsic Fraud

A Supreme Court ruling explains why a buyer who admitted a deed of sale was forged cannot later overturn the final judgment by claiming extrinsic fraud.

Diplomatic Immunity vs Defamation: The Liang Case and Limits of Official Acts

Philippine Supreme Court ruling on ADB staff immunity, defamation, and why diplomatic immunity is not absolute for criminal acts.

Incestuous Rape: When a Father's Betrayal Warrants the Death Penalty

The Supreme Court affirms the death penalty for a father who raped his 12-year-old daughter, underscoring the gravity of incestuous rape under Philippine law.

Expropriation and Writ of Possession: What the 1997 Rules Changed

Learn how the 1997 Rules of Court streamlined expropriation, making writs of possession ministerial upon deposit of assessed value.

Execution Pending Appeal: Financial Distress Alone Is Not a Good Reason

The Supreme Court clarifies that a corporation's financial distress is not, by itself, a "good reason" for execution pending appeal.

Police Power and Civilian Employees: Defining Authority Within the PNP

Supreme Court ruling on NAPOLCOM Resolution 93-032: civilian PNP employees cannot exercise police powers reserved for uniformed personnel.

Breach of Trust: Safeguarding Employee Rights in Termination Cases

Philippine Supreme Court ruling on dismissal of court employees for immorality, highlighting integrity standards and due process in administrative cases.

Exit Polls and Free Speech: The ABS-CBN v. Comelec Ruling

The Supreme Court struck down Comelec's total ban on exit polls, affirming that free speech and press freedoms protect election-day surveys.

Official Immunity vs Individual Accountability: Limits of Protection in Defamation Cases

When does diplomatic or organizational immunity shield a person from criminal defamation? The Supreme Court clarifies the boundaries.

Official Duty vs Personal Liability: Defining Immunity in Defamation Cases

Can a diplomat or international organization worker claim immunity for defamation? The Supreme Court clarifies when official duty ends and personal liability begins.

Life Insurance Contracts: When Does an Application Become a Binding Agreement

Philippine Supreme Court explains when a life insurance application becomes a binding contract, using Perez v. BF Lifeman as guide.

Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law

The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.

Judicial Employees and Immorality: Ethics Standards in the Philippine Judiciary

Supreme Court dismisses two court employees for illicit affair, reaffirming high moral standards for judiciary personnel.

Treachery and Conspiracy in Philippine Murder Law: The Ricafranca Case on Unlicensed Firearms

The Supreme Court clarifies treachery, conspiracy, and the effect of R.A. 8294 on murder committed with unlicensed firearms.

Prior Title Prevails: Resolving Overlapping Land Titles in the Philippines

When two Torrens titles cover the same land, the earlier one prevails. Learn the rules from the Supreme Court's ruling in Liao.

Redundancy vs Due Process: When a Layoff Isn't Always Illegal

The Supreme Court clarifies that failure to give 30-day notice doesn't make a valid redundancy layoff illegal—but backwages may still be owed.

Kidnapping for Ransom: Intent and Deprivation of Liberty Explained

Philippine Supreme Court ruling clarifies what proves intent and deprivation of liberty in kidnapping-for-ransom cases involving minors.

Torrens System vs Fraudulent Land Titles: Priority of Registration Determines Ownership

Philippine Supreme Court rules that earlier registered titles prevail over later ones, even if both cover the same land. Learn the key principles.

Hold Departure Orders: Why Only Regional Trial Courts May Issue Them

A Supreme Court ruling reprimanding a judge clarifies that only Regional Trial Courts may issue hold departure orders in criminal cases.