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Showing 9337–9360 of 19,062 articles for “up”

Speedy Trial vs Demurrer to Evidence: Protecting the Accused's Rights in the Philippines

Philippine Supreme Court clarifies the distinction between a motion to dismiss for speedy trial violation and a demurrer to evidence, protecting accused rights.

Final Judgments Are Immutable: Withdrawal of Complaint and Property Dispute Rights

Learn how the Supreme Court protected a final judgment from modification in a property dispute, and what this means for your rights.

Compromised Evidence Acquittal in Drug Cases Due to Procedural Lapses in Chain of Custody

The Supreme Court acquits a drug suspect after police failed to follow the chain of custody rule under RA 9165.

Positive Identification Prevails: Police Blotter Discrepancies Do Not Nullify Witness Testimony

Philippine Supreme Court ruling clarifies that minor inconsistencies in police blotter entries do not automatically destroy a victim's credible, positive identification of the accused.

Documentary Stamp Tax: When Special Savings Deposits Are Certificates of Deposit Drawing Interest

The Supreme Court rules that special savings deposits with fixed-term features are "certificates of deposit drawing interest" subject to documentary stamp tax.

When Silence Does Not Mean Consent: Self-Defense and Resistance in Philippine Rape Law

In People v. Madeo, the Supreme Court explains why a rape victim's failure to shout or resist does not prove consent, and how force and intimidation are assessed.

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Reasonable Doubt and Rape Allegations: Lessons from People v. Bacus on Circumstantial Evidence

When can physical impossibility and medical findings overcome a rape accusation? The Supreme Court's acquittal in People v. Bacus explains.

Illegal Dismissal: Employer Must Prove Abandonment With Clear Intent to Sever Employment

Philippine Supreme Court clarifies that employers must prove both absence and clear intent to sever employment to establish abandonment.

Government Contracts and Eminent Domain: Scrutinizing Good Faith in Land Acquisition

Philippine Supreme Court clarifies that just compensation in agrarian reform must follow RA 6657 and DAR formulas, not market data alone.

When Illness Leads to Dismissal: Proving Abandonment in Philippine Labor Law

Philippine Supreme Court ruling on illegal dismissal, abandonment of work, and employer's burden of proof in termination cases.

Basketball Governance Validating Membership FOR Voting Rights IN Sports Associations

Philippine Supreme Court ruling on membership validation as prerequisite to voting rights in sports associations, citing the BAP-SBP case.

Squatters Rights vs Absentee Landlords: Resolving Land Disputes in Urban Reform

Philippine Supreme Court ruling on absentee landowners vs renters in urban land reform, explaining who qualifies for lot awards under the Zonal Improvement Program.

Unregistered Land Sales: Why Registration Matters in Ownership Disputes

A Supreme Court ruling explains why an unregistered deed of sale cannot bind third parties in property disputes over unregistered land.

Eviction and Urban Land Reform: When Prior Rights Yield to New Ordinances

Philippine Supreme Court clarifies when month-to-month leases end, and why new city ordinances and PD 1517 protections cannot stop a valid ejectment.

Foreclosure Rights vs BP 22: Understanding Creditors' Remedies and Their Limits

Philippine Supreme Court clarifies that annulment of judgment is only for civil cases, not criminal convictions like swindling.

Annulment of Judgment in Criminal Cases: Llamas v. Court of Appeals

When can a criminal conviction be annulled? The Supreme Court clarifies Rule 47 applies only to civil cases, not criminal ones.

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Bigamy Conviction Upheld Despite Later Declaration of Nullity of First Marriage

A subsequent declaration that a first marriage was void does not erase criminal liability for bigamy contracted before that declaration.

Chain of Custody in Drug Cases: Why Marking Evidence Matters

The Supreme Court acquits a drug suspect because police failed to mark seized shabu in his presence, explaining the chain of custody rule.

Judicial Ethics Upholding Impartiality IN THE Face OF Impropriety

Pre-Existing Conditions and Seafarer Disability Claims Under the POEA Contract

Explaining when seafarers can claim disability benefits under the POEA Standard Contract, using the Supreme Court's ruling in Bandila Maritime v. Dubduban.

Dismissal Based on Technicality When Courts Must Prioritize Justice Over Procedure

The Supreme Court relaxes procedural rules in labor cases to resolve the merits of an illegal dismissal dispute involving retirement age.

Lost Claim: Failure to Prove Open Possession Prevents Land Title Registration

Supreme Court denies land registration where applicant failed to prove open, continuous, exclusive possession since June 12, 1945.