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Showing 5809–5832 of 19,062 articles for “up”

Self-Defense and Treachery: Unlawful Aggression as the Foundation of a Justifying Circumstance

How the Supreme Court clarified that self-defense requires unlawful aggression, and why treachery can still qualify a killing as murder.

Foreclosure Deficiencies: The Bank's Burden of Proof in Loan Recovery

In Metrobank v. CPR Promotions, the Supreme Court ruled that a bank must prove the exact deficiency amount after foreclosure, or lose its claim.

Psychological Violence in Domestic Abuse: Defining Emotional Harm Under RA 9262

The Supreme Court clarifies how psychological violence under RA 9262 is proven, focusing on mental anguish rather than physical injury.

Substantial Justice vs. Procedural Rules: When Late Certiorari Petitions Are Dismissed

The Supreme Court clarifies when the 60-day certiorari period may be relaxed, and why heavy workload is not a valid excuse.

Rape by Sexual Assault: Proving Guilt Beyond Reasonable Doubt in Incest Cases

The Supreme Court clarifies how rape by sexual assault is proven and penalized when a father assaults his minor daughter.

Seafarers Disability Navigating THE 120 240 DAY Rule FOR Entitlement TO Benefits

The Supreme Court clarifies that the 120-day rule does not automatically make a seafarer's disability permanent, explaining the 240-day extension.

Surety Bonds Solidary Liability Despite Contract Amendments In Construction Projects

Philippine Supreme Court ruling on surety bonds, solidary liability, and why contract amendments don't automatically release sureties.

When Can RTCs Correct MTC Errors in Land Disputes? A Primer on Jurisdictional Boundaries

Explore when RTCs may correct MTC errors in land disputes, based on a 2015 Supreme Court ruling on venue and jurisdiction.

Upholding Finality: Supreme Court Reaffirms Requirements for Valid Motions for Reconsideration in Property Dis

Learn how the Supreme Court protected the finality of judgments and clarified the limits of appellate review in a property mortgage dispute.

Forgery vs Good Faith: Protecting Registered Land Owners in Property Disputes

Philippine Supreme Court clarifies when buyers of forged deeds can claim good faith protection and when registered owners keep their title.

Eyewitness Testimony and Treachery: Upholding Murder Conviction Despite Credibility Challenges

The Supreme Court affirms murder convictions based on credible eyewitness testimony, explaining how treachery qualifies the crime and why minor inconsistencies do not defeat a prosecution.

Forged Deeds vs Innocent Purchasers: Protecting Land Rights in the Philippines

Philippine Supreme Court clarifies when forged deeds defeat innocent purchaser protection under the Torrens system.

Reckless Assault or Intent to Kill: Distinguishing Homicide from Tumultuous Affray

The Supreme Court clarifies when a mauling that causes death is Homicide, not Death Caused in a Tumultuous Affray, and explains intent-to-kill rules.

Tax Amnesty and Economic Zones: Puregold Case on VAT and Excise Tax Liabilities

Supreme Court ruling on RA 9399 tax amnesty covering VAT and excise tax liabilities of Clark ecozone enterprises.

Seafarer Disability Claims: The Weight of Company-Designated Physician Assessments

Learn how the Supreme Court ruled on seafarer disability claims, emphasizing the company-designated physician's assessment and timely procedures under the POEA-SEC.

Appeal Bonds and the 60-Day Certiorari Rule: When Substantial Justice Cannot Save a Late Petition

The Supreme Court clarifies that the 60-day period for filing a petition for certiorari is jurisdictional and cannot be extended for mere lawyer workload.

Supervening Events and Restitution: When Final Judgments Can Be Overturned

Philippine Supreme Court ruling on when supervening events justify setting aside final judgments and ordering restitution of executed amounts.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Reconveyance Actions Survive Death and Stand Apart from Estate Proceedings

Philippine Supreme Court clarifies that reconveyance actions survive a party's death and proceed independently of estate settlement proceedings.

Seafarers Disability Upholding Company Doctors Assessment Absent Third Opinion

Philippine Supreme Court rules on seafarer disability claims, emphasizing company doctor assessments prevail absent third-doctor review under CBA.

Res Judicata Bars Repeated Lawsuits for the Same Breach of Contract

A single breach of contract gives rise to only one cause of action. Learn how the Supreme Court applied res judicata to bar a second lawsuit.

Intra-Corporate Disputes as Prejudicial Questions in Estafa Cases

When an intra-corporate dispute over officer authority can suspend criminal estafa proceedings, explained through a 2015 Supreme Court ruling.

Breach of Contract and Unilateral Termination: The Talampas v. Moldex Realty Case

When can a party unilaterally terminate a contract? The Supreme Court explains in Talampas v. Moldex Realty.

Intent to Gain in Theft: Proving Criminal Intent Beyond Reasonable Doubt

How Philippine courts establish intent to gain in theft cases, explained through the Supreme Court's ruling in Medina v. People.