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Showing 841–864 of 18,138 articles for “supreme court”

Judicial Clemency: When Is a Judge Entitled to a Second Chance?

The Supreme Court explains the strict requirements for judicial clemency, including remorse, reformation, and the five-year waiting period.

Restaurants Infringe Copyright by Playing Radio Broadcasts Without a License

The Supreme Court rules that restaurants playing radio broadcasts as background music without a FILSCAP license commit copyright infringement.

Dual Citizenship by Birth vs. Naturalization: Election Eligibility in the Philippines

The Supreme Court clarifies when dual citizens by birth may run for office without renouncing foreign citizenship under R.A. 9225.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

Venue vs Jurisdiction: When Courts Cannot Dismiss Probate Cases

The Supreme Court clarifies that improper venue is not a ground for motu proprio dismissal of probate cases, distinguishing venue from jurisdiction.

Oral Partition and Mortgage Validity: Protecting Heirs' Rights in Property Disputes

The Supreme Court ruled that an oral partition ("toka") can be valid and that a mortgage over a non-owner's share is void, protecting heirs' property rights.

The Shared Burden: Defining Well-Founded Fear in Philippine Refugee Status Determinations

Philippine Supreme Court clarifies the shared burden of proof and "well-founded fear" standard in refugee status determination under the 1951 Convention.

Accountability Beyond the Trigger: Command Responsibility in Amparo Cases

The Supreme Court clarifies how command responsibility applies in writ of amparo cases involving extrajudicial killings, extending accountability beyond the actual perpetrators.

Understanding Fraudulent Property Inclusion Insights From A Landmark Supreme Court Decision

A Supreme Court ruling clarifies when ejectment suits fail and why repeated demands don't reset the one-year filing period.

Prompt Compensation Imperative in Determining Just Compensation in Philippine Expropriation Cases

Philippine Supreme Court rules just compensation is reckoned from the date of taking, not the filing of the complaint, and must be paid promptly with interest.

Challenging Filiation: Birth Certificate Corrections and DNA Evidence in Philippine Law

Philippine Supreme Court rules filiation cannot be collaterally attacked via Rule 108 birth certificate correction petitions; DNA testing requires prima facie evidence.

Rehabilitation Plans and Creditor Rights: When Debt Restructuring Binds Secured Creditors

When can a rehabilitation plan force creditors to accept debt restructuring? The Supreme Court explains in China Banking v. St. Francis Square.

Escrow Funds and Execution of Judgments: Rights of Third-Party Banks Clarified

Supreme Court clarifies when escrow funds may be reached in executing money judgments, protecting third-party banks from premature court orders.

Probable Cause and the Ombudsman: When Courts Defer to Prosecutorial Discretion

The Supreme Court affirms the Ombudsman's probable cause findings in public official cases, reinforcing judicial restraint absent grave abuse of discretion.

Right of Way Requisites: Proving Isolation for Easement Claims in the Philippines

Philippine Supreme Court clarifies the burden of proof for compulsory right of way easement claims under Civil Code Articles 649 and 650.

Counsel Negligence and Strict Procedural Rules: PNB v. Spouses Victor

Supreme Court affirms strict 60-day period for petitions for relief, holding clients bound by counsel's negligence absent clear abandonment.

Probable Cause and the Ombudsman's Discretion in Public Fund Cases

The Supreme Court affirms the Ombudsman's probable cause finding against a mayor for unlawful appointments and graft, underscoring judicial restraint.

Protecting Minors: Defining Lascivious Conduct and the Boundaries of Consent

The Supreme Court clarifies when sexual acts against minors constitute lascivious conduct under RA 7610, not rape, and how consent is treated.

Due Process in Elections: COMELEC's Duty to Hear Conflicting Candidacy Claims

The Supreme Court affirms COMELEC's accreditation of dominant minority parties, clarifying that the Commission's rule-making power over political party accreditation is subject to constitutional limit

Plea Bargaining in Drug Cases: Court Rules vs Executive Discretion

The Supreme Court settles the conflict between DOJ circulars and its exclusive rule-making power over plea bargaining in drug cases.

Accreditation of Political Parties: COMELEC's Authority and the Limits of Judicial Review

The Supreme Court upholds COMELEC's discretion in accrediting dominant minority parties, affirming that courts will not interfere absent grave abuse of discretion.

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution

Supreme Court acquits public official of SALN violation, ruling that the review and compliance procedure under RA 6713 must precede prosecution.

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution of Public Officials

The Supreme Court acquits a public official of SALN violations, ruling that the review and compliance procedure under RA 6713 must precede prosecution.