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Showing 14713–14736 of 19,062 articles for “up”

Corporate Rehabilitation Stockholder Approval: When a Majority Vote Suffices

Philippine Supreme Court clarifies when corporate rehabilitation petitions need only majority stockholder approval, not two-thirds vote.

Protecting the Vulnerable: Upholding the Death Penalty for Rape of a Child Under Seven

The Supreme Court affirms the death penalty for the rape of a six-year-old child, clarifying rules on child testimony and proof of age.

Certifying Authenticity Attorneys Responsibility AND THE Limits OF Notarial Power

A lawyer who certifies true copies of documents notarized by another commits gross misconduct, the Supreme Court rules.

Incestuous Rape: Proving Each Count Beyond Reasonable Doubt

The Supreme Court clarifies that in incestuous rape cases, each separate charge must be proven beyond reasonable doubt, not just the overall pattern of abuse.

Judicial Conduct: Withdrawing a Complaint Does Not Bar Investigation of Erring Court Personnel

Learn how the Supreme Court ruled that withdrawing a complaint does not stop disciplinary action against erring court personnel or lawyers.

Unlawful Arrests and Illegal Drug Evidence: Safeguarding Constitutional Rights

When police act on tips without warrants, arrests and drug evidence may be invalid. Learn from a Supreme Court ruling.

Eyewitness Identification and Proof Beyond Reasonable Doubt: People v. Limpangog

The Supreme Court acquits an accused where eyewitness identification is unreliable, reaffirming that the prosecution must prove identity beyond reasonable doubt.

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Upholding Due Process: Strict Adherence to Summary Procedure Timelines in Philippine Courts

Philippine courts must strictly follow summary procedure timelines. Learn how the Supreme Court enforces these deadlines to ensure speedy justice.

Rape Convictions: Each Count Needs Separate Proof Beyond Reasonable Doubt

The Supreme Court clarifies that each rape count is a distinct crime requiring separate proof, acquitting the accused on one count.

Treachery and the Element of Surprise: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains how sudden, unprovoked attacks constitute treachery, qualifying killings as murder and frustrated murder.

Rape Charge Reduced to Acts of Lasciviousness Under the Child Abuse Law

When the prosecution failed to prove carnal knowledge, the Supreme Court convicted the accused of acts of lasciviousness under the Child Abuse Law instead of rape.

Child Witness Testimony in Murder Cases: When a Child's Word Can Convict

When can an eight-year-old's testimony convict in murder cases? The Supreme Court explains the rules on child witness credibility.

Judicial Authority and Limits: A Judge's Jurisdiction After Temporary Reassignment

Explaining the Supreme Court's ruling on a judge's notarial powers, the limits of judicial authority, and the importance of following SC Circular No. 1-90.

Contractual Obligations Prevail: Bank's Right to Offset Debts Despite Trustee-Beneficiary Claims

Supreme Court ruling on when a bank may validly apply a borrower's funds to settle debts, even amid trustee-beneficiary claims.

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

When a Child Testifies: Lessons from People v. Avendaño on Witness Credibility

The Supreme Court explains when a child's testimony is credible and how trial courts should weigh it in homicide cases.

Upholding Contractual Obligations THE Importance OF Book Value IN Share Purchase Agreements

Distinguishing Murder from Kidnapping: Intent to Kill vs Deprivation of Liberty in Philippine Law

Philippine Supreme Court clarifies the line between murder and kidnapping, focusing on intent to kill versus deprivation of liberty.

Murder Conviction and Sentencing in the Philippines: The Leoncio Lawa Case

How the Supreme Court affirmed a murder conviction and death penalty, explaining treachery, evident premeditation, and alibi in Philippine law.

Notarial Duties: Judges Must Certify Lack of Lawyers and Remit Fees to Avoid Sanctions

Philippine Supreme Court ruling on judges acting as notaries public ex officio, their certification duties, and fee remittance requirements.

Agency and Real Estate Sales: The Necessity of Written Authority

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines

A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.

Due Process in Lawyer Discipline: Formal Investigation Required Before Sanctions

Supreme Court remands lawyer disciplinary case to IBP for formal investigation, underscoring that due process requires a full hearing before sanctions.