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Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default
Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.
Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case
The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.
The High Cost of Shortcuts: Notarial Duties and Professional Responsibility
A Supreme Court ruling reminds lawyers that notarizing documents without the affiants present is serious professional misconduct with real consequences.
Land Disputes and Prescription: Time Limits in Agrarian Reform Cases
The Supreme Court clarifies when the 10-year prescriptive period for reconveyance of agrarian land begins, using Rementizo v. Heirs of Madarieta.
Imprescriptibility of Actions for Forged Signatures and Void Extrajudicial Settlements
When a signature is forged in an extrajudicial settlement, the action to declare it void does not prescribe. Learn the rule.
Theft Beyond Tangibles: When Telecom Services Became Personal Property
The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.
When a Motion for Reconsideration Is Not Required: Certification Election Ruling
Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.
Proving Ownership in Replevin: The Supreme Court's Ruling in Golden Delta v. Pre-Stress
The Supreme Court clarifies when appellate factual findings may be overturned and how to prove ownership in replevin cases.
Ownership Disputes Proving Title TO Construction Materials IN Replevin Actions
Falsification of Public Documents: Duty and Deception in Local Governance
Barangay officials convicted for falsifying a resolution under Article 171(2) of the Revised Penal Code. The Supreme Court explains why.
Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law
SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.
Incestuous Rape: Delay in Reporting and the Moral Ascendancy of the Abuser
The Supreme Court clarifies when a father's lewd acts on his sleeping daughter constitute acts of lasciviousness, not RA 7610 violations.
Online Psychological Abuse Under VAWC: Higher Penalty When Committed Through Social Media
Supreme Court clarifies that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.
COA Overpayment Recovery Upheld: Quantum Meruit in Government Construction Contracts
Supreme Court affirms COA's recovery of overpayment from a government contractor, clarifying quantum meruit limits, due process, and procedural deadlines.
Forum Shopping and Failure to Prosecute: Lessons from Rural Bank of the Seven Lakes v. Dan
The Supreme Court clarifies the consequences of forum shopping, unverified appeals, and failure to prosecute a case before administrative bodies.
Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion
Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.
Retroactivity of Supreme Court Decisions on Tax Exemptions: CJH Development v. BIR
The Supreme Court clarifies when tax exemption rulings apply retroactively and why declaratory relief is not the proper remedy for contesting tax assessments.
Doubt IN Rape Cases Inconsistent Testimony Leads TO Acquittal
Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard
The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.
Acts of Lasciviousness vs Rape: When Touching Is Not Insertion in Sexual Assault Cases
The Supreme Court clarifies when digital touching amounts to acts of lasciviousness rather than rape by sexual assault.
Burger Battle: Protecting Brand Identity Against Unfair Competition in the Philippines
The Supreme Court clarifies the IPO's jurisdiction over unfair competition cases and the protection of well-known foreign trademarks in the Philippines.
When Court Personnel Overstep: The Limits of Judicial Authority in Execution Proceedings
Philippine Supreme Court ruling on sheriffs and clerks of court who bypass judicial authority in executing judgments.
Child Witness Credibility in Statutory Rape Cases: People v. Perez
How the Supreme Court affirmed a statutory rape conviction based on a child victim's credible testimony, despite the presumption against rape accusations.