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Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

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Showing 481–504 of 514 articles for “erc”

Protecting Loan Security: How Mortgagees Can Secure Insurance Claims in the Philippines

Learn how mortgagees can secure insurance proceeds under Philippine law, based on the Supreme Court's ruling in Rizal Commercial Banking Corp. v. Goyu & Sons.

When a Complaint Is Dismissed, Does the Counterclaim Fall With It?

A Philippine Supreme Court ruling explains when a compulsory counterclaim survives the dismissal of the main complaint — and when the defendant must object to keep it alive.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Fixed vs Percentage Docket Fees: Annulment of Real Estate Contracts Qualifies for Fixed Fees

Philippine Supreme Court ruling on when annulment of real estate contracts warrants fixed docket fees rather than percentage-based fees.

The High Cost of Negligence: Why Banks Must Exercise Due Diligence in Mortgage Transactions

Philippine Supreme Court ruling on GSIS v. Salonga clarifies that banks and lending institutions cannot claim good faith by merely relying on titles.

Rape by a Stepfather: Overcoming the Presumption of Innocence

How Philippine courts weigh a young rape victim's testimony against a stepfather's denial, and why minor inconsistencies do not defeat a conviction.

Moral Character and Bar Admission: How a Hazing Conviction Was Overcome

The Supreme Court allowed a bar passer with a reckless imprudence conviction to take the oath, showing how rehabilitation and good conduct can overcome past misdeeds.

Positive Identification Overcomes Alibi in Philippine Criminal Law

How Philippine courts weigh positive identification against alibi in criminal cases, explained through a 1998 rape conviction.

Eyewitness Testimony Overcoming Delay AND Establishing Credibility IN Philippine Courts

A Philippine Supreme Court ruling on how delayed eyewitness testimony can still be credible and how damages are computed in murder cases.

Grave Coercion vs Kidnapping: Understanding Deprivation of Liberty in the Philippines

The Supreme Court clarifies the line between kidnapping and grave coercion, emphasizing that actual detention or "locking up" is essential for a kidnapping conviction.

Reasonable Doubt and Acquittal: When Lack of Evidence Overcomes Presumption of Innocence

In People v. Vasquez, the Supreme Court acquitted two brothers of murder, ruling that weak prosecution evidence and physical evidence cannot overcome reasonable doubt.

Rape Conviction Affirmed: Fear and Moral Ascendancy Overcome Claim of Consensual Affair

Philippine Supreme Court affirms uncle's rape conviction, ruling that a victim's fear and an accused's moral ascendancy defeat claims of consent.

Piercing the Corporate Veil: When Can a Spouse's Property Be Seized for a Husband's Debt

Philippine Supreme Court ruling on when a wife's property can be seized for her husband's debts, and the limits of third-party claims.

Defining Piracy Under Philippine Law: Protecting Vessels and Ensuring Maritime Security

The Supreme Court clarifies what constitutes piracy under PD 532, ruling that seizing a fishing boat by force is piracy, not mere grave coercion.

Patent Novelty, Prior Art, and the Presumption of Validity in Philippine Patent Law

Philippine Supreme Court ruling on patent novelty, prior art, and the heavy burden to overcome the presumption of patent validity.

Insurable Interest: Can a Landlord Claim Insurance on a Tenant's Property?

Philippine Supreme Court rules a landlord cannot claim fire insurance proceeds on a tenant's merchandise without insurable interest. Learn the key principles.

Workplace Courtesy When Good Intentions Lead to Misconduct

A court aide's sympathetic intercession turned into discourtesy and misconduct. Learn the limits of good intentions in government service.

Conditions vs. Warranties in Philippine Sales Contracts: The Power Commercial Case

Learn how Philippine law distinguishes contract conditions from warranties, and when a seller's failure to deliver possession justifies rescission.

Common Carriers and Passenger Safety: The Standard of Extraordinary Diligence in Philippine Law

Philippine law requires common carriers to exercise extraordinary diligence in ensuring passenger safety. This article explains the legal standard and its practical implications.

Rape Conviction Overcoming THE Defense OF Consensual SEX

Positive Identification in Philippine Criminal Law: Overcoming Doubts and Alibis

How Philippine courts weigh positive identification against alibis and dying declarations, explained through a landmark murder case.

Can an Accused File a Counterclaim in a Criminal Case? The Rule in Cabaero

Explains when accused may file counterclaims in criminal cases, citing Cabaero v. Cantos and the rule on implied civil actions.

Counterclaims in Criminal Cases: When Can the Accused Seek Damages?

The Supreme Court in Cabaero v. Cantos clarifies when an accused may file a counterclaim for damages in a criminal case, and when a separate civil action is required.

Piercing the Corporate Veil: When Corporate Officers Are Liable for Labor Violations

Philippine Supreme Court ruling on when corporate officers can be held personally liable for unpaid wages, separation pay, and other labor standard benefits.