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Showing 12121–12144 of 19,062 articles for “up”

State Witness Discharge: Balancing DOJ Authority and Judicial Discretion

The Supreme Court clarifies when the DOJ, not courts, may discharge an accused as state witness under RA 6981.

Emancipation Patents Indefeasibility and Agrarian Reform Beneficiaries Rights

Supreme Court affirms that Emancipation Patents become indefeasible one year after issuance, protecting farmer-beneficiaries from late cancellation challenges.

Authority to Sign Certification Against Forum Shopping in Corporate Litigation

Who may sign the certification against forum shopping in corporate cases? The Supreme Court clarifies the rules on authority and false certifications.

When One Case Is Enough: Res Judicata and Splitting a Cause of Action in Property Disputes

A Supreme Court ruling explains why filing separate cases for the same property dispute is barred by res judicata and the rule against splitting a cause of action.

Res Judicata and Forum Shopping: When a Prior Ruling Bars a Second Case

Philippine Supreme Court explains when a prior ruling bars another case, and what constitutes forum shopping.

Certiorari as an Improper Substitute for Appeal: A Primer on Philippine Procedural Remedies

Why a Rule 65 petition cannot replace a lost appeal, explained through the Supreme Court's ruling in Rigor v. Court of Appeals.

Negligence and the Binding Nature of Counsel's Errors: Understanding the Basuel v. FFIB Ruling

Learn why the Supreme Court dismissed a petition for certiorari, emphasizing that counsel's negligence and errors of judgment are not grounds for this remedy.

Reasonable Doubt Prevails: Inconsistent Testimony Leads to Acquittal in Robbery Case

The Supreme Court acquits a robbery accused, ruling that material inconsistencies in the lone witness's testimony create reasonable doubt.

Seafarer Disability Claims: Fit for Duty Assessments and Quitclaims in the Philippines

Philippine Supreme Court ruling on seafarer disability claims, fit for duty assessments by company-designated physicians, and validity of quitclaims.

Adoption Requires Clear Parental Consent Protecting Family Rights IN THE Philippines

Philippine Supreme Court ruling on adoption: biological parent's written consent is indispensable, and foreign documents must be authenticated.

Tax Exemption vs Beneficial Use: GSIS Charter and Local Government Code Conflict

When does GSIS lose its tax exemption? The Supreme Court clarifies how the Local Government Code limits the GSIS charter's tax immunity.

Publication Requirement for Local Tax Ordinances: Manila Revenue Code Void

Supreme Court affirms that a local tax ordinance published only once, not for three consecutive days, is null and void.

Automatic Debt Relief: How Legal Compensation Can Extinguish Obligations

Legal compensation extinguishes debts automatically under Philippine law. The Supreme Court explains when mutual obligations offset each other by operation of law.

Estafa Tightrope: Good Faith vs Criminal Intent in Bounced Check Cases

Supreme Court acquits AFPSLAI exec in falsification case, stressing that conviction requires proof of damage as alleged in the information.

Reasonable Doubt Prevails: Acquittal in Homicide Case on Circumstantial Evidence and Witness Credibility

Supreme Court acquits homicide accused where prosecution evidence fails the test of moral certainty, citing witness coaching and non-flight.

Right to Present Evidence Ensures Fair Trial Despite Counsel's Absence

Supreme Court rules that a client's right to present evidence cannot be sacrificed due to counsel's absence, ensuring fair trial.

Delayed Remittance of Judiciary Funds: A Clerk of Court's Duty to Public Trust

A Supreme Court ruling on a clerk of court's delayed remittance of judiciary funds, explaining accountability rules and penalties.

Tugboat Owner's Negligence in Ensuring Seaworthiness Makes It Liable for Barge Damage

Philippine Supreme Court ruling on tugboat owner's liability for barge damage due to failure to ensure vessel seaworthiness and diligence in towage contracts.

Dismissal for Failure to Prosecute: When Procedural Lapses Cost the Case

Philippine Supreme Court clarifies dismissal for failure to prosecute, final orders, appeal remedies, and the mandatory 15-day period for motions for reconsideration.

Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz

When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.

Breach of Public Trust: The High Cost of Dishonesty for Court Officers in the Philippines

Philippine Supreme Court affirms direct bribery convictions of immigration officers and a lawyer, emphasizing public trust and accountability.

Judicial Efficiency vs. Justice: The Price of Delayed Resolutions

A Supreme Court ruling shows why court clerks must deposit judiciary funds on time, and how delay can amount to gross misconduct and dishonesty.

Valid Service of Summons on Corporate Secretary: Lessons from Millex v. Citystate

Philippine Supreme Court clarifies when service of summons on a corporate secretary is valid and why belated objections fail.

Dismissal for AWOL: Upholding Public Trust and Accountability in the Judiciary

The Supreme Court drops a court employee for prolonged AWOL, reaffirming that public office is a public trust and absenteeism erodes judicial integrity.