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Showing 5617–5640 of 19,062 articles for “up”

Sheriffs Duty Timely Reporting In Writ Execution Under Philippine Law

Philippine Supreme Court clarifies sheriffs mandatory duty to file periodic returns in writ execution, imposing administrative liability for delay.

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.

Supreme Court Upholds Conviction for Large-Scale Illegal Recruitment and Estafa

The Supreme Court affirmed a conviction for large-scale illegal recruitment and estafa, clarifying the elements of both crimes and the penalties imposed.

Constructive Dismissal When a Transfer and Floating Status Become Illegal Termination

When do a transfer and floating status cross the line into constructive dismissal? The Supreme Court explains in ICT Marketing v. Sales.

Strict Appeal Deadlines: Supreme Court Upholds Dismissal of Late Certiorari Petition

The Supreme Court affirms that the 60-day period for filing a petition for certiorari is strict and mandatory, dismissing a three-day late appeal.

Upholding Attorney Accountability: Negligence and the Duty to Client

A lawyer's failure to file an appellant's brief and keep a client informed leads to a six-month suspension, while a contingent fee contract is upheld.

Tightening the Reins: Fraud Allegations and Preliminary Attachments in Philippine Law

The Supreme Court clarifies when fraud justifies a writ of preliminary attachment, requiring particularized allegations, not mere conclusions.

Constructive Dismissal Claims: When Resignation Is Voluntary and Not Forced

The Supreme Court clarifies when a resignation is voluntary rather than constructive dismissal, and which money claims belong in labor courts.

Navigating Jurisdictional Boundaries Resolving Employment Disputes Within Corporate Structures

The Supreme Court clarifies which courts and tribunals have jurisdiction when employment claims and intra-corporate disputes overlap in one case.

Illegal Recruitment in Large Scale and Estafa: Conviction Upheld by Supreme Court

Learn how the Supreme Court affirmed convictions for illegal recruitment in large scale and estafa, and what this means for overseas job seekers.

Work-Related Skin Illness: Seafarer Wins Disability Benefits Despite Fit-to-Work Declaration

Philippine Supreme Court rules a seafarer with work-related skin illness can get disability benefits even if declared fit to work.

Untimely Filing: Strict Adherence to Procedural Rules in Labor Disputes

A three-day delay doomed a petition in a labor case, as the Supreme Court reaffirmed that the 60-day

Disbarment FOR Immorality Upholding Moral Standards IN THE Legal Profession

Corporate Asset Transfers: When Does a Buyer Inherit the Seller's Liabilities

Philippine Supreme Court clarifies when a corporation buying all assets of another also inherits its liabilities, under Section 40.

Rape Conviction Affirmed: Credibility of Witness Testimony and the Defense of Denial

The Supreme Court affirmed a rape conviction, ruling that the trial court's assessment of witness credibility prevails over the accused's weak defenses of denial and alibi.

Upholding Land Title Security: The Burden of Proof in Free Patent Fraud Cases

A free patent title stands unless fraud is proven with clear and convincing evidence. The Supreme Court clarifies the rules on reversion and burden of proof.

Upholding Contractual Obligations and Government Accountability in Public-Private Partnerships

Supreme Court ruling on SM Land v. BCDA clarifies government accountability in PPPs and the binding effect of contractual commitments.

Salary Differentials and the Immutability of Judgments: Employee Rights After Illegal Demotion

Philippine Airlines v. Bichara clarifies when courts may adjust a final labor judgment due to supervening events, and the limits of execution.

When Force in Rape by Sexual Assault Is Proven: Carrera v. People

The Supreme Court affirms a rape by sexual assault conviction, clarifying how force and lack of voluntariness are established.

Bank Liability for Unauthorized Joint Account Termination: BPI v. Fernandez

Supreme Court holds banks liable for releasing joint AND/OR account funds without required certificates, citing bad faith and breach of fiduciary duty.

Unlawful Arrests and Admissibility of Evidence: Protecting Constitutional Rights in Drug Cases

When a warrantless arrest is invalid, evidence seized from the accused becomes inadmissible. Learn the rules from this Supreme Court ruling.

Injunctions Against POEA Orders: Balancing Agency Authority and Judicial Review

When can courts enjoin POEA orders? The Supreme Court clarifies the limits of agency authority and judicial power in Principalia.

Maysilo Estate Dispute Upholding Torrens System Integrity IN Land Title Conflicts

Philippine Supreme Court ruling on Torrens title indefeasibility in unlawful detainer cases, protecting registered owners from collateral attacks.

Dismissal of Case: Navigating Forum Shopping and Indispensable Parties in Property Disputes

What happens when two property cases are filed separately? The Supreme Court clarifies forum shopping, consolidation, and indispensable parties.