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Showing 8761–8784 of 19,062 articles for “up”

Prescription of Seafarer Claims: Labor Code Prevails Over Standard Employment Contract

Supreme Court rules 3-year Labor Code prescription governs seafarer money claims, but death benefits require death during contract effectivity.

Retirement Benefits: When Incentives During Corporate Reorganization Are Narrowly Interpreted

Supreme Court rules retirement gratuities under EO 756 were temporary reorganization incentives, not permanent benefits including allowances.

Upholding Immunity Agreements: The Government's Duty to Honor Its Word

In Disini v. Sandiganbayan, the Supreme Court held that the Republic must honor an immunity agreement it freely entered into with a witness.

When Retirement Benefits Exclude Allowances: Reading EO 756 in Context

The Supreme Court rules that PITC's retirement gratuity under EO 756 was a temporary reorganization incentive, not a permanent benefits scheme.

Timeliness Matters: Appealing Election Protests and the Strict Application of Procedural Rules

The Supreme Court ruled that late appeals in election protests are fatal, even when the trial court erred on venue.

Gross Negligence and Disqualification: Defining the Limits of COMELEC's Authority

Explore how the Supreme Court upheld COMELEC's power to perpetually bar grossly negligent canvassers in Beluso v. COMELEC.

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

Neglect of Duty in Public Service: When Personal Concerns Must Yield to Public Welfare

A Supreme Court ruling on a Davao City health officer who skipped a bombing emergency shows how gross neglect of duty can cost a public servant their job.

Perjury Acquittal: When Contradictory Statements Do Not Prove Guilt Beyond Reasonable Doubt

Supreme Court acquits Eriberto Masangkay of perjury, holding that contradictory statements alone cannot prove deliberate falsehood beyond reasonable doubt.

Land Reclassification vs Conversion: Clarifying DAR's Authority Over Agricultural Lands

The Supreme Court clarifies that reclassified agricultural lands still need DAR conversion approval, distinguishing reclassification from conversion.

Workplace Misconduct Upholding Decorum IN THE Philippine Judiciary 2

Court employee fined for simple misconduct after verbal abuse and physical assault on a co-worker inside court premises.

Land Reclassification vs Conversion: DAR's Authority Over Agricultural Land Use

The Supreme Court clarifies that reclassified agricultural lands still need DAR conversion approval, distinguishing reclassification from conversion.

Loss of Trust: When Separation Pay Is Not an Option

Philippine Supreme Court clarifies when dismissed employees forfeit separation pay, even if dismissal is for loss of trust and confidence.

Eyewitness Identification Upholding Conviction Despite Informal Police Lineup in Kidnapping Case

Supreme Court affirms kidnapping conviction despite informal police lineup, ruling eyewitness identification was positive and independently reliable.

Corporate Shares and Fiduciary Duty: When Can a Director's Actions Be Considered Fraudulent?

In Makati Sports Club v. Cheng, the Supreme Court explains why suspicion of insider dealing is not enough to prove fraud against a corporate director.

Annulment of Judgment in Philippine Law: Why Procedural Remedies Must Come First

Philippine Supreme Court clarifies that annulment of judgment under Rule 47 requires exhausting ordinary remedies first, or the petition fails.

Rescission Rights When Leased Property Becomes Unusable Due to Natural Disasters

When a leased property becomes unusable due to floods or other natural causes, lessees may have the right to rescind the lease. The Supreme Court explains the rules.

Navigating the Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court clarifies warrantless searches of moving vehicles and the chain of custody rule for seized drugs under RA 9165.

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

Early Retirement Programs: Contractual Obligations vs Management Prerogative

When does a company's early retirement offer become a binding contract? The Supreme Court clarifies the limits of management prerogative.

DARAB Jurisdiction Over Land Sale Disputes Involving CARP-Covered Agricultural Lands

The Supreme Court clarifies when DARAB, not regular courts, has jurisdiction over disputes involving sales of agricultural lands under CARP coverage.

Estate Administration Prioritizing Family Ties Over Illegitimacy in Heir Selection

Supreme Court rules on appointing administrators, weighing family ties and adoption over illegitimacy bars in estate cases.

Finality of Judgment Bars Post-Disbarment Motions: Supreme Court Enforces Restitution Order

Supreme Court enforces disbarred lawyer's restitution order, citing finality of judgment and citing him for indirect contempt.

Lawyer's Courtroom Conduct: When Advocacy Crosses Into Gross Misconduct

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and disobeying IBP orders, clarifying ethical limits of advocacy.