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Showing 10489–10512 of 19,062 articles for “up”

Motion Denied: Strict Enforcement of Notice Requirements in Lifting Property Levies

Philippine Supreme Court ruling on quieting title, property levies, and the strict enforcement of redemption periods after execution sales.

Anonymous Complaints in Disciplinary Cases: Due Process and Ethical Conduct

The Supreme Court dismisses an anonymous complaint against Solicitor General Devanadera, balancing due process rights with ethical oversight of lawyers.

Failure of Election and COMELEC's Power: Protecting the Voter's Franchise

The Supreme Court clarifies the limited grounds for declaring a failure of election under the Omnibus Election Code.

Mortgage Foreclosure: Know Your Rights as a Subdivision Buyer

Learn when declaratory relief works for subdivision buyers facing mortgage foreclosure, and when it doesn't, from a 2008 Supreme Court ruling.

Judicial Conduct A Judges Duty TO Supervise AND THE Limits OF Administrative Liability

When a Surety Bond Cannot Be Cancelled: AFP General Insurance v. Molina on Garnishment and Labor Awards

The Supreme Court ruled that a supersedeas bond posted to perfect an employer's appeal stays valid and enforceable until the case is finally disposed of, even if premiums go unpaid.

Rape Conviction Upheld: Exact Date Not Essential in Proving Sexual Assault

Philippine Supreme Court rules the precise date of rape is not an essential element; conviction stands on proof of penetration and intimidation.

Demand to Vacate in Unlawful Detainer: Strict Compliance and Jurisdictional Requirements

Philippine Supreme Court clarifies the demand-to-vacate rule in unlawful detainer cases, its jurisdictional nature, and amendment of complaints.

Psychological Incapacity: Defining the Limits of Annulment Under the Family Code

A Supreme Court ruling clarifies that psychological incapacity under Article 36 requires grave, incurable, and antecedent illness—not mere refusal or personality quirks.

Perfecting Contracts: Why Consent Is Essential in Real Estate Agreements

Philippine Supreme Court ruling explains why a real estate sale needs the buyer's consent to be binding—lessons from Looc Bay Timber v. Montecalvo.

Expiration Nullifies Election Protests Upholding Comelecs Jurisdiction Over SK Chairman Disputes

SC rules SK chairman election protests fall under COMELEC appellate jurisdiction, but expired terms render cases moot.

Upholding Accountability Gross Neglect OF Duty IN THE Philippine Civil Service

When Can a Third Party Be Sued for Another's Contract Breach? Martelino v. NHMFC

Philippine Supreme Court clarifies when buyers can sue lenders for a developer's breach, and the limits of declaratory relief.

Surety Bond Enforceability: Non-Payment of Premiums Does Not Nullify Obligations to Labor Claimants

Supreme Court rules surety bonds in labor appeals remain valid despite unpaid premiums, protecting workers' monetary awards.

Crediting Government Service for Retirement: Defining the Scope of the Civil Service and Compensation

The Supreme Court clarifies which government services count for retirement benefits, distinguishing full-time civil service from part-time and non-chartered positions.

Sheriffs Must Exercise Diligence in Executing Court Orders — What This Means

A sheriff's duty to execute a writ is ministerial, but due diligence is required. The Supreme Court explains in this administrative case.

Limits of Self-Defense When Force Used Exceeds the Threat

Philippine Supreme Court ruling on when self-defense fails because the force used exceeds the threat, with practical legal takeaways.

Who Pays When Cargo Vanishes: Defining Responsibility in Shipping Losses

When a shipment disappears in a terminal, who bears the loss? The Supreme Court clarifies arrastre liability and insurance subrogation.

Eyewitness Testimony in Robbery With Homicide: Positive Identification Prevails

The Supreme Court affirms that positive, credible eyewitness identification outweighs bare denials in robbery with homicide cases, citing People v. Sorila.

Crediting Prior Government Service for Judicial Retirement: Ensuring Fair Pension Benefits

Supreme Court rules prior Sangguniang Bayan service counts toward judges' 20-year retirement requirement under R.A. 910.

Quo Warranto and Forum Shopping: Lessons from Feliciano v. Villasin

The Supreme Court clarifies quo warranto rules, de facto officers, and the consequences of forum shopping in Feliciano v. Villasin.

Detention and Representation: Balancing Rights in Coup d'Etat Cases

The Supreme Court ruled that a detained senator-elect cannot claim special rights to attend sessions while facing a non-bailable offense.

Surety vs Guarantor: Indemnity Agreement Obligations Under Philippine Law

Philippine Supreme Court clarifies when a surety becomes liable under an indemnity agreement, and the difference between sureties and guarantors.

Innocent Purchaser For Value: When Prior Attachment Defects Don't Erase Property Rights

Philippine Supreme Court ruling on attachment registration, innocent purchaser doctrine, and property rights under PD 1529.