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Showing 16849–16872 of 19,062 articles for “up”

Finality Prevails: Enforcing Judgments and Preventing Alterations in Philippine Law

Philippine Supreme Court ruling on why final judgments are immutable and why execution must strictly follow the dispositive portion.

Treachery in Philippine Criminal Law: Why Victim Defenselessness Matters

The Supreme Court clarifies when treachery qualifies killing to murder, focusing on the victim's defenselessness and sudden attack.

Conspiracy and Liability: When Presence at the Scene Makes You Guilty of Murder in the Philippines

Philippine Supreme Court ruling on how conspiracy in murder can be proven by concerted acts, not just a prior agreement.

Rape Shield Consensual Relationship Claims and the Imperative of Proof in Rape Cases

The Supreme Court clarifies that a "sweetheart defense" in rape cases requires concrete evidence, not bare assertions, to be credible.

Liability in Group Crime: How Conspiracy Establishes Individual Guilt

Philippine Supreme Court ruling on conspiracy in group crimes, individual liability, and why treachery failed in People v. Ladit.

Conspiracy and Treachery: How Courts Determine Liability in Group Violence

Philippine Supreme Court explains when conspiracy makes all attackers liable and why warning shots negate treachery in group killings.

Joint vs Solidary Liability: The Limits of Final Judgments in Philippine Labor Law

A final labor judgment binds parties to its exact terms. Learn why the Supreme Court ruled that joint liability cannot be converted to solidary after finality.

Ignorance of the Law Excuses No One: Judge Fined for Misinterpreting Firearm Rules

A judge was fined for acquitting a civilian who carried an unlicensed gun under an NBI mission order. The Supreme Court clarifies that a mission order is not a license.

Rape and Credibility: How Courts Evaluate Testimony in Sexual Assault Cases

Philippine Supreme Court explains how trial courts assess rape victim testimony, identity, delay in reporting, and affidavit of desistance.

Acquittal in Malversation Case Shows Audit Gaps Can Overcome Presumption of Guilt

Supreme Court acquits treasurer and cashier of malversation, ruling that flawed audit findings and lack of proof of actual shortage defeat the presumption of misappropriation.

Jurisdictional Boundaries Resolving Employer Employee Damage Claims IN THE Philippines

Philippine Supreme Court clarifies that labor arbiters, not regular courts, have exclusive jurisdiction over employer damage claims arising from employment.

Labor vs Civil Law: Who Hears Employer Damage Claims Against Employees?

Supreme Court clarifies that employer claims for damages against dismissed employees fall under Labor Arbiter jurisdiction, not regular courts.

Sheriffs' Duty to Execute Writs Promptly: Lessons from Casaje v. Gatbalite

A sheriff's delay in executing final judgments draws administrative liability. The Supreme Court explains the duty of prompt enforcement.

Sheriff’s Duty of Custody: Liability for Negligent Loss of Seized Property

Philippine Supreme Court holds sheriff liable for dereliction of duty when a vehicle under custodia legis was lost due to unsafe storage.

Protecting Electoral Integrity: When Delaying Tactics in Election Protests Fail

The Supreme Court rules that dilatory motions in election protests undermine the will of voters and will not be countenanced.

Accepting a Lower Position Does Not Waive an Illegally Terminated Employee’s Reinstatement Claim

Philippine Supreme Court ruling: accepting a lower or coterminous position during reorganization does not waive an illegally terminated employee’s right to reinstatement.

Finality of Comelec Resolutions in Election Offense Cases: Reconsideration and Judicial Review

When is a Comelec resolution final in election offense cases? The Supreme Court clarifies the rules on reconsideration and judicial review.

Recall Elections: Defining the Process and Protecting Local Governance Stability

The Supreme Court clarifies when recall elections may be held under the Local Government Code, balancing accountability with stability.

Treachery Defined: How Precise Application of Law Ensures Justice in Criminal Convictions

The Supreme Court clarifies treachery's elements in People v. Repollo, reducing a death sentence to reclusion perpetua while affirming murder convictions.

Illegal Dismissal in the Philippines: Why Unauthenticated Evidence and Lack of Due Process Can Cost Employers

Philippine Supreme Court clarifies illegal dismissal rules: retirement age, CBA benefits, and employer liability in Ondevilla v. Colegio de San Juan de Letran.

Default Orders and the Duty to Answer: Balancing Procedural Rules and Substantive Justice

When does a petition for certiorari excuse a defendant from filing an answer? The Supreme Court clarifies the rules on default orders.

Eyewitness Testimony and Treachery Can Convict Even Without Physical Evidence

A single credible eyewitness can sustain a murder conviction despite negative paraffin test results. The Supreme Court explains when treachery qualifies the killing.

When Drunken Brawls Lead to Deadly Stabs: Distinguishing Homicide From Murder

The Supreme Court acquits an accused of murder, explaining how failure to prove treachery and identity can reduce the charge to homicide.

Father Rape Conviction and the Limits of Credibility in Intrafamilial Sexual Abuse Cases

The Supreme Court affirms a father's rape conviction, explaining why a daughter's delayed report and alleged "complex" do not destroy credibility.