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Showing 15265–15288 of 19,062 articles for “up”

Security of Tenure Prevails: Illegal Demotion and Due Process in Philippine Ports Authority Case

Explaining the Supreme Court ruling that a government employee cannot be demoted without cause and due process, even amid reorganization.

Reconstitution of Land Titles: Strict Compliance with Jurisdictional Requirements

Philippine Supreme Court ruling on strict compliance with jurisdictional requirements in land title reconstitution, including notice, publication, and appeal periods.

Preserving Possession Limits on Preliminary Injunctions in Property Disputes

The Supreme Court clarifies that preliminary injunctions must preserve the status quo, not create new obligations like paying rent or transferring rental collection rights.

Rape Conviction Upheld on Victim's Credibility Despite Absence of Physical Injuries

The Supreme Court affirmed a death sentence for qualified rape, ruling that a child victim's clear testimony and hymenal laceration outweigh the absence of external injuries.

GSIS Employees Entitlement to Longevity Pay and Children's Allowance Amid Salary Standardization

Supreme Court clarifies when GSIS may increase non-integrated benefits like longevity pay and children's allowance after the Salary Standardization Law.

Defining Acts of Lasciviousness: Why Intent and Proof Matter in Sexual Abuse Cases

In a 2002 ruling, the Supreme Court downgraded rape charges to acts of lasciviousness after finding the evidence insufficient to prove carnal knowledge.

Rape and Stepfather Relationship: When Death Penalty Applies in Philippine Law

Philippine Supreme Court clarifies when a stepparent's rape of a minor warrants death penalty versus simple rape.

Residency Requirements for Elective Office: Domicile and the Electorate's Will

The Supreme Court clarifies residency rules for elective office, emphasizing actual residence and the electorate's will in disqualification cases.

Finality of Judgment in Disbarment Cases: When a Lawyer Can No Longer Contest a Decision

The Supreme Court denies a disbarred lawyer's belated motion to reopen his case, reaffirming the doctrine of finality of judgment and punishing defiance of court orders.

Confessions and Constitutional Rights: Voluntary Statements vs Custodial Interrogation

Philippine Supreme Court explains when a confession is admissible and when custodial interrogation rights apply, using a rape-homicide case.

When Regular Courts Overshadow SEC Jurisdiction: Key Lessons from Laurel v. Desierto

Learn how the Supreme Court clarified Ombudsman jurisdiction over public officers in corporate disputes, with practical guidance for businesses.

Confessions and Constitutional Rights: How Philippine Courts Balance Justice and Due Process in Criminal Cases

The Supreme Court clarifies when extrajudicial confessions are admissible and how circumstantial evidence can sustain a conviction in rape with homicide.

Defining Public Officer Scope of Ombudsman's Jurisdiction in Anti-Graft Cases

Supreme Court clarifies Ombudsman jurisdiction over public officers in anti-graft cases, defining who qualifies as a public officer.

Positive Identification Prevails Over Alibi in Robbery with Homicide Case

The Supreme Court explains when eyewitness identification outweighs alibi and why aggravating circumstances must be alleged in the information.

Positive Identification Trumps Alibi Upholding Conviction Despite Witness Delay

Philippine Supreme Court ruling on witness credibility, delay in identification, and why positive identification outweighs alibi in criminal convictions.

Buy-Bust Operations and Warrantless Searches: Safeguarding Rights in Drug Cases

The Supreme Court explains when warrantless searches are valid in buy-bust operations and how courts weigh police testimony against frame-up defenses.

Entrapment vs Instigation: The Limits of Police Conduct in Drug Buy-Bust Operations

Philippine Supreme Court clarifies entrapment vs instigation in drug cases, upholding a buy-bust arrest and explaining warrantless search rules.

Rape by a Grandfather: How the Supreme Court Weighs a Child's Testimony

In People v. Santos, the Supreme Court affirmed a death sentence for a grandfather who raped his six-year-old granddaughter, explaining how child testimony is weighed.

Defining the Limits of Military Cooperation: The Balikatan 02-1 Constitutionality Case

The Supreme Court ruled on the constitutionality of Balikatan 02-1, clarifying the limits of US military cooperation in the Philippines.

Residential vs Agricultural Land: Resolving Land Use Classification and Tenant Rights

Supreme Court clarifies when land is residential and exempt from agrarian reform, plus the rules on irrevocable agency coupled with interest.

Judicial Accountability Upholding Timeliness AND Impartiality IN Court Proceedings

Illegal Recruitment Acquittal: Why Promises by Relatives Do Not Convict a Recruiter

The Supreme Court clarifies when a person may be acquitted of illegal recruitment and estafa, and the proof required for conviction.

Protecting the Vulnerable: Upholding the Death Penalty for Incestuous Rape of a Minor

The Supreme Court affirms the death penalty for a grandfather who raped his six-year-old granddaughter, reinforcing legal protections for minors.

Justice Prevails Circumstantial Evidence AND THE Pursuit OF Truth IN Criminal Law

A grandfather's rape conviction affirmed by the Supreme Court, showing how Philippine courts weigh a child victim's testimony against denial.