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Showing 10201–10224 of 19,062 articles for “up”

Intent to Gain in Robbery: When Helping a Neighbor Is Not a Crime

The Supreme Court acquitted a man of robbery for helping a neighbor move property, ruling that intent to gain must be proven beyond reasonable doubt.

Preventive Suspension of Public Officials: When a Case Becomes Moot

Explore when a challenge to preventive suspension becomes moot, using the Supreme Court's ruling in Radaza v. Court of Appeals.

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Judicial Independence vs Ethical Boundaries: The Meralco-GSIS Case

The Supreme Court's ruling on CA justices in the Meralco-GSIS case clarifies the ethical limits of judicial independence and propriety.

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Exhaustion of Administrative Remedies: Why Courts Defer to Agency Expertise

Philippine Supreme Court explains why courts dismiss cases filed before administrative appeals are exhausted, using Oporto v. NPC.

When a Wrong Remedy Costs an Appeal: The Deus v. People Doctrine on Liberal Construction

The Supreme Court reminds courts to relax procedural rules when an unrepresented accused files the wrong remedy, protecting the right to liberty.

Lease vs Land Reform: Tenant Rights to Crops and Improvements Under CARP

When the government acquires land under CARP, who owns the standing crops and improvements—the landowner or the tenant? The Supreme Court clarifies.

Management Prerogative vs Constructive Dismissal: Balancing Employer Rights and Employee Protection

When does a job transfer amount to constructive dismissal? The Supreme Court clarifies the limits of management prerogative in Bisig Manggagawa sa Tryco v. NLRC.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Automatic Lease Cancellation: Non-Payment of Rent Triggers Termination

A Supreme Court ruling confirms that a lease clause allowing automatic cancellation for unpaid rent takes effect by itself, leaving the lessee without any right to damages.

Unconscionable Interest Rates THE Supreme Courts Intervention IN Equitable Mortgages

Grave Misconduct and Dismissal of Court Personnel: Acquittal in Criminal Case Does Not Bar Administrative Liab

The Supreme Court explains why a court aide's acquittal in a rape case did not prevent his dismissal for grave misconduct from judicial service.

Water District Directors' Per Diems Are Their Only Compensation

The Supreme Court ruled that water district directors may receive only per diems under PD 198, but those who acted in good faith need not refund disallowed benefits.

When the Ombudsman Must Yield to School Superintendents in Teacher Cases

The Supreme Court clarifies overlapping jurisdiction over administrative cases against public school teachers, and when the Ombudsman may still act.

Regular Employment vs Fixed-Term Contracts: Security of Tenure for Electric Cooperative Linemen

When do fixed-term contracts mask regular employment? The Supreme Court clarifies security of tenure rules for linemen in Agusan del Norte Electric Cooperative v. Cagampang.

Rape and the Sweetheart Defense: Consent and Force in Philippine Law

Philippine Supreme Court explains why the "sweetheart defense" fails in rape cases and what force and consent truly mean under the law.

Court Stenographers' Duty of Diligence: Lessons from a One-Year Suspension

A Supreme Court ruling on a stenographer's suspension for inefficiency, loafing, and false logbook entries underscores accountability in the judiciary.

Ministerial Duty vs Discretion: When Clerks of Court Must Obey Orders

A clerk of court cannot refuse to issue a writ of execution based on personal doubts about a judge's order. The Supreme Court explains why.

Project Employee or Regular Employee? Court Rules on Repeated Rehiring and Termination Reports

Supreme Court clarifies when project employees become regular employees, emphasizing employer burden to prove project status and file termination reports.

Accountability for Kidnapping: Conspiracy, Confessions, and Justice in People v. Muit

Supreme Court affirms convictions for kidnapping and carnapping, explaining conspiracy, interlocking confessions, and penalties.

Due Process and Fair Play: When a Lawyer's Oversight Is Not Malice

When can a lawyer be disciplined for lapses in court? The Supreme Court explains the line between honest error and misconduct.

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

Protecting the Young: Statutory Rape Conviction and the Weakness of Alibi

A Supreme Court ruling affirms that alibi cannot defeat positive identification in statutory rape cases involving minors.