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Showing 1153–1176 of 4,269 articles for “philippine supreme court”

Sheriffs Must Execute Writs Promptly: The Timely Enforcement Duty in the Philippines

Philippine Supreme Court clarifies sheriffs have a ministerial duty to execute writs promptly, with no discretion to delay absent a court order.

Strained Relations in Employment: Separation Pay as an Alternative to Reinstatement

Philippine Supreme Court ruling on illegal dismissal, due process, and when separation pay replaces reinstatement due to strained relations.

Preventive Suspension Grounds: When Philippine Civil Servants Face Removal

Philippine Supreme Court clarifies when preventive suspension may validly issue against civil servants pending administrative investigation.

When Commissions Count in Separation Pay: A Philippine Labor Law Guide

Philippine Supreme Court ruling on when sales commissions form part of salary for separation pay computation and when quitclaims are invalid.

When Multiple Shots Mean Separate Crimes: Murder and Attempted Murder in the Philippines

Philippine Supreme Court clarifies when a single ambush produces separate crimes of murder, frustrated murder, and attempted murder.

Defining Attempted Rape: Proving Penile Penetration in Philippine Law

Philippine Supreme Court clarifies that consummated rape requires proof of penile penetration of the labia; mere touching may constitute only attempted rape.

Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law

Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.

Zero-Rated Sales: Strict Invoicing Requirements for VAT Refund Claims in the Philippines

Philippine Supreme Court ruling: failure to comply with invoicing requirements is fatal to VAT refund claims. Learn the strict rules.

Oral Partition of Land: When Possession Establishes Ownership Rights in the Philippines

Philippine Supreme Court ruling on oral partition, possession, and ownership rights over inherited land. Learn the legal rules.

Circumstantial Evidence in Robbery With Homicide: Establishing Guilt Beyond Reasonable Doubt

A Philippine Supreme Court ruling shows how circumstantial evidence can establish guilt beyond reasonable doubt in robbery with homicide, and what the prosecution must prove.

Duty to Bargain During Intra-Union Disputes: Employer Obligations Under Philippine Labor Law

Philippine Supreme Court clarifies that intra-union leadership disputes do not excuse an employer from the duty to bargain collectively.

When Can Courts Extend the 60-Day Rule for Filing Certiorari? A Philippine Guide

Philippine Supreme Court explains when the 60-day certiorari filing period may be extended, and clarifies venue rules for personal actions.

When Creeks Shift: Land Ownership and Natural Watercourse Changes in the Philippines

Philippine Supreme Court ruling on who owns abandoned river beds when creeks change course naturally, and the burden of proof required.

Accretion vs Title: Proving Ownership of Abandoned Creek Beds

Philippine Supreme Court ruling on when an abandoned creek bed transfers ownership and why a Torrens title prevailed.

Probationary Employment: When Employers Can Terminate for Failure to Meet Standards

Philippine Supreme Court clarifies when employers may validly terminate probationary employees for failing reasonable standards, including chronic tardiness.

Breach of Contract When Failure to Pay Justifies Rescission Despite Concurrent Obligations

Philippine Supreme Court ruling on when failure to pay a guaranteed amount justifies rescission even if the other party also breached concurrent obligations.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Mandamus Cannot Compel a Mayor to Issue Business Permits: The Rimando Case

Philippine Supreme Court clarifies that issuing business permits is a discretionary, not ministerial, act—so mandamus cannot compel it.

Protecting Prior Land Rights: The Limits of Free Patents and Good Faith Purchasers

Philippine Supreme Court clarifies when free patents and good faith purchases can defeat prior land rights.

Summary Judgment: When Failing to Refute Allegations Costs You the Case

Learn how failing to refute payment allegations led to summary judgment against the Villuga spouses in this Philippine Supreme Court ruling.

When Snatching a Bag Is Theft, Not Robbery: The Violence Requirement

Philippine Supreme Court clarifies that snatching a bag without violence or intimidation is theft, not robbery, even if a death occurs.

Interlocutory Orders: Why Immediate Appeals Can Derail Justice

Philippine Supreme Court explains why interlocutory orders cannot be appealed immediately, preventing delays and multiplicity of appeals in criminal cases.

Heavy Workload Not Enough to Justify Certiorari Filing Extension

Philippine Supreme Court rules heavy workload alone is not a compelling reason to extend the 60-day period for filing a petition for certiorari under Rule 65.

Double Compensation and Gratuity Pay: Constitutional Limits for Government Workers

Philippine Supreme Court clarifies when gratuity pay becomes prohibited double compensation under the Constitution for government employees.