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Showing 9481–9504 of 19,062 articles for “up”

Perfecting Appeals: Strict Adherence to COMELEC Rules on Filing Fees

The Supreme Court underscores that failure to pay the correct appeal fee within the reglementary period is fatal to an election appeal before the COMELEC.

Rape Conviction Upheld: The Law Protects Vulnerable Children

The Supreme Court affirms the conviction of a man for statutory rape of an 11-year-old girl, clarifying key rules on carnal knowledge and penalties.

Broken Chains: Safeguarding Drug Evidence and Protecting Rights in Philippine Law

When police fail to mark seized drugs immediately and prove custody, the accused may be acquitted. Learn from a Supreme Court ruling.

Chain of Custody Imperative: Safeguarding Drug Evidence Integrity in Philippine Law

The Supreme Court acquits a drug suspect due to broken chain of custody, stressing the need to immediately mark seized drugs.

Limits of Abuse of Superior Strength: Redefining Attempted Homicide in the Philippines

Supreme Court clarifies when abuse of superior strength qualifies a crime, reducing a conviction from attempted murder to attempted homicide.

Treachery Defined: How Surprise Attacks Determine Murder Convictions in the Philippines

The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying a killing as murder under Philippine law.

When Heated Words Lead to Illegal Strikes: Balancing Free Speech and Order in Labor Disputes

Philippine Supreme Court ruling on gross negligence, serious misconduct, and due process in employee dismissal cases under the Labor Code.

Navigating Mining Disputes When Courts NOT Arbitrators Decide Contract Validity

Philippine Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining contract disputes.

When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?

The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.

Just Compensation in Expropriation: When the Government Takes Property Without Filing a Case

Philippine Supreme Court ruling on just compensation, consequential damages, and attorney's fees when government takes private property without expropriation proceedings.

Mining Disputes and Contract Validity: When Courts Take Over From Arbitrators

Philippine Supreme Court clarifies when regular courts, not the Panel of Arbitrators, have jurisdiction over mining contract disputes.

Management Prerogative vs Constructive Dismissal: When Transfer of Employees Is Valid

Supreme Court clarifies when a permanent transfer is valid management prerogative and not constructive dismissal, and when benefits may be reduced.

Reasonable Doubt Prevails Safeguarding Against Child Abuse Accusations

Explore how the Supreme Court acquitted a barangay tanod of child abuse, emphasizing that proof beyond reasonable doubt must anchor convictions.

Court Personnel Extortion: Proving Guilt in Administrative Cases

Philippine Supreme Court ruling on extortion by court personnel, explaining how guilt is proven in administrative cases and penalties.

Guardianship for the Weak-Minded: Protecting Vulnerable Adults from Family Exploitation

Supreme Court affirms guardianship over mentally weak adult with vast estate, protecting her from relatives who dissipated her properties.

Court Personnel and Immoral Conduct: When Private Acts Become Administrative Liability

Philippine Supreme Court ruling on how court employees' private immoral conduct can lead to administrative sanctions and suspension.

Upholding Election Law Amendments Ensuring Fair And Transparent Elections

The Supreme Court upheld RA 9369's constitutionality, affirming Congress's power to amend election laws for transparency, credibility, fairness, and accuracy.

Guardianship and Competency: Protecting Vulnerable Individuals From Exploitation

Supreme Court ruling on guardianship for persons of weak mind, protecting vulnerable individuals from exploitation by relatives.

Double Jeopardy Prevails: Acquittal Stands Despite Alleged Procurement Errors

The Supreme Court ruled that a Sandiganbayan acquittal in a graft case can no longer be reviewed on appeal, as doing so would violate the constitutional bar on double jeopardy.

Willful Failure to Pay Just Debts: Court Employee Suspended After Third Offense

Supreme Court suspends court employee for six months for willful failure to pay a just debt, clarifying standards for administrative liability and mitigating circumstances.

Docket Fees and Jurisdiction: The High Cost of Underpayment in Corporate Disputes

Underpaying docket fees can be fatal to a case. Learn from Sameer v. Santos how the Supreme Court treats this procedural pitfall.

Probate Appeals and Executor Disqualification: Lessons from the Marcos Estate Case

The Supreme Court clarifies appeal rules in probate cases and when a criminal conviction disqualifies an executor for moral turpitude.

Final Judgments and Laches: Why Refiling the Same Case Fails

The Supreme Court explains why a dismissal based on laches bars refiling the same claim, under the doctrine of res judicata.

When Summary Judgment Is Not Proper: Lessons from D.M. Consunji v. Duvaz

The Supreme Court explains when summary judgment is improper due to genuine factual disputes, using a construction dispute as a case study.