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Showing 3673–3696 of 19,061 articles for “up”

Understanding the Burden of Proof in Insanity Defense and Mental State at the Time of the Crime

Philippine Supreme Court clarifies the burden of proof for insanity defense and mental state in criminal cases, using People v. Rupal as a guide.

Proving Tenancy in Philippine Agrarian Law: Evidence and Burden of Proof

Philippine Supreme Court ruling on what evidence is needed to prove agricultural tenancy and why certifications alone do not establish tenancy rights.

Probable Cause and Graft Liability When a Governor's Request Shapes Public Bidding

Supreme Court ruling on graft liability of DPWH-ARMM officials for irregularities in infrastructure projects, including premature contractor mobilization.

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Ransom and Restraint: Defining Kidnapping for Extortion in the Philippines

The Supreme Court clarifies the elements of kidnapping for ransom under Article 267, showing how extortion and deprivation of liberty define the crime.

Tenancy Rights vs. Co-Ownership: Proving Agricultural Tenancy in Land Disputes

The Supreme Court clarifies that tenancy is a legal relationship that must be proven by substantial evidence, not presumed from mere occupation.

Accountability in Public Works: Good Faith and Due Diligence in Government Contracts

The Supreme Court clarifies when public officials may invoke good faith and reliance on subordinates in government contracts, and when they must verify.

Prescription of SALN Violations Under RA 6713: When the Eight-Year Period Runs

The Supreme Court clarifies when the prescriptive period for failing to file SALNs under RA 6713 begins—from commission, not discovery.

Receiving Money from Bondsmen Is Grave Misconduct for Court Personnel

Court employees cannot receive money from litigants, even as voluntary "token" gifts. The Supreme Court explains why in Perez v. Roxas.

Contractual Obligations Prevail: Storage Fees Due Despite Customs Hold Order

Supreme Court clarifies that a Bureau of Customs hold order does not relieve a consignee from paying arrastre storage fees under its contract.

BOC Hold-Order Does Not Excuse Consignee From Paying Arrastre Storage Fees

Supreme Court rules a Bureau of Customs Hold-Order does not transfer liability for storage fees from the consignee to the BOC.

Judicial Discretion vs Legal Mandates: Balancing Urgency and Procedure in TRO Extensions

A Supreme Court ruling on a judge's administrative liability clarifies the strict limits of 72-hour TRO extensions and the proper handling of weekend bail applications.

Preliminary Mandatory Injunction: The Clear Right Imperative in Lease Disputes

Philippine Supreme Court clarifies when a preliminary mandatory injunction may issue in lease disputes, requiring a clear legal right.

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory, reinforcing strict chain of custody rules.

Lawyer Suspended for Neglecting Client's Ejectment Case Despite Full Payment of Fees

Supreme Court suspends lawyer for six months for failing to file an ejectment case after accepting full payment, despite client's forgiveness and settlement.

Compromised Evidence Safeguarding Drug Case Integrity Through Chain Of Custody

Philippine Supreme Court acquits drug suspect after police breached Section 21 chain of custody rules, stressing evidence integrity matters.

Foreclosure Sales and Repurchase Rights: Understanding Bank Discretion in Asset Disposition

Philippine Supreme Court clarifies that after the redemption period expires, former owners have no enforceable right to repurchase foreclosed property from the bank.

Probable Cause in Deposit Insurance Claims: Lessons from PDIC v. Gidwani

The Supreme Court reinstates probable cause findings against Manu Gidwani for estafa and money laundering, clarifying standards for preliminary investigations in deposit insurance fraud cases.

Striking A Balance Upholding Justice Despite Procedural Lapses IN Labor Disputes

A lawyer's issuance of a worthless check constitutes gross misconduct warranting suspension from practice, even without criminal conviction.

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect over broken chain of custody and missing witnesses, underscoring the need for strict compliance with Section 21 of RA 9165.

Broken Chains: Safeguarding Rights in Drug Possession Cases Through Procedural Compliance

Philippine Supreme Court acquits drug accused over police procedural lapses in Section 21 chain of custody, reinforcing rights protection.

Presumption of Consideration: Bank's Good Faith Upholds Mortgage Despite Forged Deed Claim

Supreme Court rules a bank's good faith reliance on a Torrens title protects its mortgage even if the prior deed was allegedly forged.

Positive Identification Prevails Over Alibi in Direct Assault with Murder Case

Supreme Court affirms conviction for direct assault with murder, ruling positive identification by an eyewitness outweighs denial and alibi defenses.