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Showing 6769–6792 of 19,062 articles for “up”

VAT Refund Timeliness: Strict Deadlines for Appealing BIR Decisions

Philippine Supreme Court clarifies mandatory 120+30 day periods for VAT refund judicial claims, citing CBK Power v. CIR.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.

Just Compensation in Agrarian Reform: Courts Must Follow the DAR Formula

The Supreme Court clarifies that agrarian courts must apply Section 17 of RA 6657 and DAR AO 5-98 when fixing just compensation for expropriated land.

Family Code Compromise Rule: When Courts Cannot Dismiss Family Suits Motu Proprio

Supreme Court clarifies that failure to allege compromise efforts under Article 151 is a waivable defect, not grounds for motu proprio dismissal.

Estate Inventory Disputes: Probate Courts' Provisional Powers on Inclusion of Properties

Explaining the Supreme Court ruling on probate courts' authority to provisionally determine ownership for estate inventory inclusion.

Illegal Strikes and Employee Rights: What the Supreme Court Actually Said

A Supreme Court ruling on illegal strikes shows how the right to strike is protected but never absolute, and how participation can carry consequences.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Judicial Independence vs Prompt Resolution: Balancing Justice and Timeliness in Court Decisions

A Supreme Court ruling on a judge's delayed ruling clarifies the balance between judicial independence and the mandatory 90-day period for resolving cases.

Navigating Search Warrants: Privacy and Public Interest in Cybercrime Investigations

The Supreme Court clarifies when search warrants in cybercrime cases are valid, balancing constitutional privacy rights against effective law enforcement.

Financial Crisis NOT A Valid Defense Upholding Consumer Rights IN Real Estate Development

Seafarer's Basketball Injury Compensable Under Bunkhouse Rule and Personal Comfort Doctrine

Supreme Court rules seafarers injured during onboard recreational activities like basketball are entitled to disability benefits under the Bunkhouse Rule.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate Under RA 26

Supreme Court clarifies evidence needed to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

When a Facebook Post Becomes a Crime: Psychological Abuse Under RA 9262

The Supreme Court clarifies when social media posts constitute psychological abuse under RA 9262 and how authorship may be proven.

Reconstitution of Title: Proving Loss of Owner's Duplicate Copy

Supreme Court clarifies evidence needed to reconstitute a lost certificate of title, emphasizing proof of loss over mere speculation.

Dismissal Based on Insufficient Evidence: Navigating Customs Law and Due Process

A look at how the Supreme Court upheld a customs case dismissal due to the prosecution's failure to present evidence properly.

Invalid Retrenchment: Bad Faith Termination and Employee Rights to Reinstatement and Backwages

Philippine Supreme Court ruling on invalid retrenchment, bad faith termination, and employee rights to reinstatement with full backwages.

Exhaustion NOT Required When Courts CAN Hear Cases Despite Unfinished Agency Review

Philippine Supreme Court clarifies when courts may take cases even if administrative remedies are not yet exhausted, with practical guidance.

Incestuous Rape: Child Victims' Testimony and Parental Responsibility

Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies attempted rape vs. acts of lasciviousness distinction.

Protecting Children: High Court Clarifies Rape and Acts of Lasciviousness Rules

The Supreme Court clarifies when sexual acts against minors constitute rape versus acts of lasciviousness, and explains the rules on conviction.

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters for Conviction

Philippine Supreme Court acquits drug suspect over police failure to follow Section 21, RA 9165 chain of custody rules.

Buy-Bust Lapses and Drug Convictions: What Taculod Teaches About Section 21

The Supreme Court affirms a drug conviction despite procedural lapses, clarifying when non-compliance with Section 21 is excusable and why objections must be raised early.

Just Compensation in Expropriation: Value at Time of Taking, Not Later

Philippine Supreme Court clarifies that just compensation in eminent domain is fixed at the time of taking, not years later.