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Showing 3673–3696 of 18,148 articles for “supreme court”

Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law

Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.

Rape Conviction Affirmed: Credibility of Victim Testimony and the Weakness of Alibi Defense

In People v. Ganaba, the Supreme Court affirmed a rape conviction, stressing that victim testimony can outweigh alibi and denial defenses in criminal cases.

Possession vs Ownership: Resolving Land Disputes Through the Proper Legal Action

Philippine Supreme Court clarifies when to file unlawful detainer versus accion publiciana, and why bare allegations of tolerance are not enough.

Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations

The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.

Checkpoint Searches in the Philippines: Balancing Public Safety and Individual Rights

The Supreme Court explains when checkpoint and bus searches are valid under the Constitution, and what makes them reasonable.

Preemptive Rights and Waiver in Close Corporation Stock Transfers

When does failure to follow a stock transfer restriction become valid? The Supreme Court explains consent and waiver in Florete v. Florete.

Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty

Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.

Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics

The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.

Notarial Duty and Identification Validity of Notarization Based on Laws at Time of Execution

Notaries must follow the identification rules in effect when the document is notarized, not later rules. The Supreme Court explains in this administrative case.

Upholding Ethical Standards: Consequences for Judicial and Notarial Misconduct in the Philippines

The Supreme Court dismisses a judge for gross immorality and suspends him from law practice, reaffirming strict ethical standards for the judiciary and bar.

Online Psychological Abuse Under RA 9262: Proving Social Media Authorship and Higher Penalties

Supreme Court clarifies how to prove social media authorship in VAWC psychological abuse cases and applies higher cybercrime penalties.

Double Jeopardy and Grave Abuse of Discretion: The Limits of Certiorari in Acquittal Reversal

The Supreme Court explains when a Rule 65 petition may—and may not—challenge an acquittal by the Sandiganbayan.

Fair Compensation for Agricultural Land Under CARP: Apo Fruits v. LBP

The Supreme Court clarifies how courts determine just compensation for agricultural land taken under CARP, and when interest starts to run.

Rape by a Parent: Upholding the Sanctity of Trust and the Reclusion Perpetua Penalty

The Supreme Court affirms a father's rape conviction, explaining why parental moral influence substitutes for force and why reclusion perpetua stands.

Accountability Prevails: Principals Liable for Homicide During Robbery Regardless of Direct Participation

Philippine Supreme Court clarifies that all participants in a robbery are liable for robbery with homicide even if they did not personally kill.

Apo Fruits v. Land Bank: Just Compensation and Interest in Agrarian Expropriation

The Supreme Court clarifies how just compensation is determined and when legal interest accrues in agrarian reform cases.

Possession Is Prima Facie Evidence: Understanding Fencing Under Philippine Law

The Supreme Court explains how mere possession of stolen goods can convict a person of fencing under PD 1612, and clarifies the proper penalty.

Environmental Protection Prevails: Citizens' Right to a Balanced Ecology Upheld

The Supreme Court affirms the writ of kalikasan, ordering the closure of Cebu's Inayawan landfill to protect residents' constitutional right to a balanced and healthful ecology.

Attorney's Fees in Contingency Agreements: Calculating the Right Base and Who Pays

The Supreme Court clarifies how to compute contingency fees and who bears liability for attorney's fees in settled cases.

When Signing Without Reading Backfires: The Diampoc v. Buenaventura Case

Learn how the Supreme Court ruled that signing a deed without reading it binds the signer, even if notarization was defective.

Upholding Employer Prerogative: Dismissal for Breach of Trust and Company Policy Violations

Supreme Court affirms dismissal of supervisor who used company equipment for private repairs, upholding management prerogative and loss of trust.

Parental Authority vs Consent: Rape Conviction Upheld Despite Delayed Reporting

A father's moral ascendancy substitutes for force in rape, and a daughter's long silence does not weaken her testimony, the Supreme Court ruled in Clemeno.

Chain of Custody in Drug Cases: Why Missing Witnesses Led to Acquittal

The Supreme Court acquitted a drug suspect because police failed to justify the absence of required witnesses during inventory. Learn the chain of custody rules.

When Probationary Employment Becomes Regular: The Umali v. Hobbywing Rule

Explore when a probationary employee becomes regular by operation of law, based on the Supreme Court's ruling in Umali v. Hobbywing Solutions.