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Showing 13969–13992 of 19,062 articles for “up”

Expropriation and Due Process: When a City's Power of Eminent Domain Fails

The Supreme Court ruled that the City of Manila violated due process in expropriating private land for housing, failing to exhaust other acquisition modes under RA 7279.

Infidelity and the Bar: Disbarment for Immoral Conduct Outside Professional Duties

The Supreme Court disbarred a lawyer for adultery, ruling that gross immorality in private life warrants removal from the Bar.

Protecting the Vulnerable: Upholding the Testimony of Child Victims in Rape Cases

The Supreme Court affirms that a child victim's credible testimony alone can convict in rape cases, even without a broken hymen.

Judicial Independence vs Administrative Oversight: Striking the Balance in Philippine Courts

The Supreme Court clarifies when judges and sheriffs face administrative liability, protecting judicial independence while ensuring accountability.

Sheriff’s Extortion and Neglect of Duty: When Misconduct Warrants Dismissal from Service

Learn how the Supreme Court disciplines erring sheriffs, with a 2004 ruling on extortion and neglect of duty as grounds for dismissal.

Forum Shopping and Preliminary Injunctions: David v. Navarro Case Analysis

A Supreme Court ruling clarifies when a preliminary injunction cannot issue and what constitutes forum shopping in property disputes.

Protecting Minors When a Stepfather's Relationship Qualifies as Rape

The Supreme Court explains when a stepparent's rape of a minor is simple rape or qualified rape and why the indictment must allege the qualifying relationship.

Judicial Accountability: Timely Resolution of Cases and Public Trust

The Supreme Court fined four RTC judges for delayed decisions, underscoring that judges must decide cases within 90 days or face administrative sanctions.

Judge Dismissed for Gross Ignorance of Law in Election Protest and Criminal Cases

Supreme Court holds judges accountable for gross ignorance of law, due process violations, and failure to transmit criminal case records to prosecutors.

Bigamy and Void Marriages: When a Second Marriage Can Be Valid

The Supreme Court explains when a second marriage is not bigamous, even if the first marriage was never judicially annulled.

Negligence in Notarial Duties Upholding Attorneys Oath and Public Trust

SC disbars notary for life for notarizing an affidavit without the affiant's presence and falsely stating a residence certificate was exhibited.

Attorneys Fees Upholding A Lawyers Right TO Payment Despite Contract Termination

Philippine Supreme Court ruling on attorney's fees, contract termination, and a lawyer's right to compensation for services rendered.

When Ombudsman Suspension Is Final: One Month Without Pay Defined

The Supreme Court clarifies that a one-month suspension without pay by the Ombudsman is final and unappealable under R.A. 6770.

Protecting THE Vulnerable THE Supreme Court Upholds Conviction IN Child Rape Case

Upholding Judicial Decorum Judges Must Treat Lawyers AND Litigants With Courtesy

Accountability Beyond Authority Illegal Recruitment Despite Agency Affiliation

Philippine Supreme Court ruling on illegal recruitment liability for unregistered agency representatives, with practical compliance guidance.

How Long Can Someone Occupy Land Before It's Legally Theirs in the Philippines?

Philippine law has no "squatter's rights" that grant ownership by mere occupation. Learn the real rules on prescription and land ownership.

Weaponizing Fear: Rape Conviction Upheld Despite Victim's Delay in Reporting

The Supreme Court has ruled that a victim's delay in reporting a rape does not destroy her credibility, especially when the delay is explained by threats and fear.

When a Guilty Plea Doesnt Guarantee Conviction Ensuring DUE Process IN Capital Offenses

The Supreme Court clarifies that a guilty plea in capital offenses requires strict compliance with due process, ensuring the accused fully understands the consequences before conviction.

Recanted Testimony and Witness Credibility: Resolving Conflicting Accounts in Philippine Courts

How Philippine courts weigh witness credibility, recanted testimony, and treachery in murder cases, explained through a Supreme Court ruling.

Beyond Reasonable Doubt: Buy-Bust Operations and the Presumption of Regularity

A look at how the Supreme Court balances police discretion in buy-bust operations against the constitutional presumption of innocence.

Conspiracy in Robbery With Homicide: Liability Even Without Inflicting the Fatal Blow

Philippine Supreme Court clarifies that conspirators in robbery with homicide are liable as principals even if they did not inflict the fatal wound.

Illegal Recruitment in Large Scale: When a Recruiter's Agent Still Faces Criminal Liability

Philippine Supreme Court explains when a recruiter's agent can be liable for illegal recruitment in large scale despite a licensed agency's SPA.

Upholding Court Authority Contempt AND Forum Shopping IN Land Dispute Resolution