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Showing 9601–9624 of 18,176 articles for “supreme court”

Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default

Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.

Bidding Disputes in Government Projects: Why Courts Won't Second-Guess the BAC

A Supreme Court ruling on government procurement bidding disputes, explaining the proper legal remedies and why courts respect the discretion of bidding authorities.

Proving Fraud and Conspiracy in Civil Cases: The Dutch Boy Philippines Ruling

The Supreme Court clarifies the evidentiary standard for proving fraud and conspiracy in civil cases, emphasizing preponderance of evidence and the presumption of good faith.

Continuing Surety Agreements: When a Surety Is Liable for Another's Loan

Philippine Supreme Court explains continuing surety agreements and when a surety becomes liable for a principal debtor's obligations.

Residency Requirements for Dual Citizens in Philippine Elections: Establishing Domicile of Choice

How the Supreme Court ruled on residency requirements for dual citizens running for local office in the Philippines.

Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case

The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.

The High Cost of Shortcuts: Notarial Duties and Professional Responsibility

A Supreme Court ruling reminds lawyers that notarizing documents without the affiants present is serious professional misconduct with real consequences.

Land Disputes and Prescription: Time Limits in Agrarian Reform Cases

The Supreme Court clarifies when the 10-year prescriptive period for reconveyance of agrarian land begins, using Rementizo v. Heirs of Madarieta.

Theft Beyond Tangibles: When Telecom Services Became Personal Property

The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.

Proving Ownership in Replevin: The Supreme Court's Ruling in Golden Delta v. Pre-Stress

The Supreme Court clarifies when appellate factual findings may be overturned and how to prove ownership in replevin cases.

When a Motion for Reconsideration Is Not Required: Certification Election Ruling

Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.

Falsification of Public Documents: Duty and Deception in Local Governance

Barangay officials convicted for falsifying a resolution under Article 171(2) of the Revised Penal Code. The Supreme Court explains why.

Incestuous Rape: Delay in Reporting and the Moral Ascendancy of the Abuser

The Supreme Court clarifies when a father's lewd acts on his sleeping daughter constitute acts of lasciviousness, not RA 7610 violations.

Online Psychological Abuse Under VAWC: Higher Penalty When Committed Through Social Media

Supreme Court clarifies that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

COA Overpayment Recovery Upheld: Quantum Meruit in Government Construction Contracts

Supreme Court affirms COA's recovery of overpayment from a government contractor, clarifying quantum meruit limits, due process, and procedural deadlines.

Forum Shopping and Failure to Prosecute: Lessons from Rural Bank of the Seven Lakes v. Dan

The Supreme Court clarifies the consequences of forum shopping, unverified appeals, and failure to prosecute a case before administrative bodies.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard

The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.

Retroactivity of Supreme Court Decisions on Tax Exemptions: CJH Development v. BIR

The Supreme Court clarifies when tax exemption rulings apply retroactively and why declaratory relief is not the proper remedy for contesting tax assessments.

Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution

The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.

Acts of Lasciviousness vs Rape: When Touching Is Not Insertion in Sexual Assault Cases

The Supreme Court clarifies when digital touching amounts to acts of lasciviousness rather than rape by sexual assault.

Burger Battle: Protecting Brand Identity Against Unfair Competition in the Philippines

The Supreme Court clarifies the IPO's jurisdiction over unfair competition cases and the protection of well-known foreign trademarks in the Philippines.

When Court Personnel Overstep: The Limits of Judicial Authority in Execution Proceedings

Philippine Supreme Court ruling on sheriffs and clerks of court who bypass judicial authority in executing judgments.

Child Witness Credibility in Statutory Rape Cases: People v. Perez

How the Supreme Court affirmed a statutory rape conviction based on a child victim's credible testimony, despite the presumption against rape accusations.