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Showing 11977–12000 of 19,062 articles for “up”

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

Quorum in Nonstock Corporations: Counting Only Living Voting Members

Supreme Court ruling on quorum in nonstock corporations—dead members excluded, only living voting members count.

Forum Shopping and Procedural Rules: Lessons from Estrera v. Demecillo

Learn how the Supreme Court clarified forum shopping rules, procedural deadlines, and due process in Estrera v. Demecillo.

Structural Integrity vs Superficial Damage: What Property Buyers Must Know About Warranties

Philippine Supreme Court ruling clarifies when cracks and leaks in a purchased property justify a refund or damages under the law.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Philippine Supreme Court Upholds Consumer Rights Publication Required FOR Electricity Rate Hikes

The Supreme Court ruled that electricity rate hike applications must be published and opened for public comment, protecting consumer rights under the EPIRA.

Upholding Judicial Integrity: The Consequences of Disobeying Court Orders

In Gaspar v. Judge Adaoag, the Supreme Court fined a judge P10,000 for deciding a case while suspended, stressing that its orders must be obeyed fully.

Franchise Tax Obligations During Suspended VAT Implementation

When the Supreme Court suspends a tax law's implementation, old tax rules continue to apply. This case explains why.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Court Interpreter Cleared of Administrative Charges for Lack of Evidence

Supreme Court dismisses administrative complaint against court interpreter, stressing complainant's burden of proof in administrative cases.

Res Judicata in Philippine Courts: When Substantial Justice Overrides Procedural Bars

The Supreme Court explains when res judicata may yield to substantial justice, using De Leon v. Balinag as a guide.

Rape, Silence, and the Burden of Proof: Lessons from People v. Magallones

The Supreme Court clarifies that a rape victim's silence or lack of physical resistance does not negate force or intimidation.

Judicial Conduct and Mental Fitness: Ensuring Impartiality on the Bench

Philippine Supreme Court affirms removal of judge with mental unfitness and belief in "dwendes," citing judicial detachment.

Corporate Asset Purchases and Prior Presidential Approval: DBP v. COA

Explaining the Supreme Court ruling in DBP v. COA on prior presidential approval for government corporate vehicle purchases and disallowance.

Presidential Approval Required for Government Vehicle Purchases: DBP v. COA

Supreme Court affirms COA disallowance of DBP's vehicle purchases for lack of presidential approval under LOI 667 and Letter of Implementation No. 29.

Illegal Recruitment: The Fine Line Between Referral and Criminal Activity

When does helping a neighbor find overseas work become illegal recruitment? The Supreme Court clarifies the line in this 2006 ruling.

Just Compensation in Expropriation: Fair Market Value and the Role of Commissioners' Reports

Philippine Supreme Court clarifies how courts must determine just compensation in expropriation cases, and the proper weight of commissioners' reports.

Employee Dismissal for Refusal to Work Requires Concrete Proof and Due Process

Philippine Supreme Court rules that dismissing employees for alleged refusal to work needs solid evidence and proper notice, not just accusations.

Probation and Electoral Eligibility: Resolving Conflicts Between the Probation Law and Local Government Code

The Supreme Court clarifies that probationers who have not served their sentence are not disqualified from running for local office under the Local Government Code.

Default Judgments and Due Process: What Civil Litigants Must Know

A bus company was declared in default for missing trial. The Supreme Court clarified the rules on default, due process, and procedural rights.

Mortgage Foreclosure: Why Stipulated Notice Requirements Matter in Real Estate Contracts

Philippine Supreme Court ruling on extrajudicial foreclosure: stipulated notice requirements in mortgage contracts are mandatory and enforceable.

Reconstitution of Title: An Unsigned Duplicate Owner's Copy Is Not Enough

Philippine Supreme Court rules that an unsigned, unauthenticated owner's duplicate of a title cannot support judicial reconstitution under RA 26.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Balancing Free Speech and Reputation: Defining Libel in Philippine Journalism

A look at how the Supreme Court defined the line between press freedom and libel in a landmark 2006 case.