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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 5017–5040 of 19,062 articles for “up”

Mitigating Dismissal Proportionality in Disciplinary Actions for Rank and File Employees

When is dismissal too harsh for a first-time offense? The Supreme Court clarifies the rule on dishonesty and grave misconduct in public service.

Caveat Emptor: The Risk Borne by a Buyer in Bad Faith in Property Transactions

A buyer who fails to verify a seller's title bears the loss. The Supreme Court explains caveat emptor and bad faith in Ranara v. De Los Angeles.

Caveat Emptor in Philippine Real Estate: Why Buyers Must Verify Title Before Purchase

The Supreme Court's Ranara ruling shows why buyers must verify property titles—failure to do so can mean losing both the purchase price and improvements.

Finality of Judgment and Contempt: Disbarred Lawyer's Post-Decision Maneuvers Rejected

Supreme Court denies disbarred lawyer's bid to reopen case, cites doctrine of finality, and penalizes defiance with contempt fines and writ of execution.

Dividends vs Capital Gains: Taxing Share Redemptions Under the RP-US Treaty

Supreme Court rules on whether share redemption proceeds are dividends or capital gains under Philippine tax law and the RP-US Tax Treaty.

Bouncing Checks and Due Process: Notice of Dishonor as a Shield Against Liability

The Supreme Court acquits a B.P. 22 accused because the prosecution failed to prove she received the notice of dishonor.

Rape Conviction Affirmed: Victim Testimony and the Anti-Rape Law in Philippine Courts

Philippine Supreme Court affirms robbery with rape conviction, underscoring the weight of credible victim testimony and the application of anti-rape laws.

Rape Conviction Requires Clear Proof of Force and Victim's Age in Statutory Rape Cases

Philippine Supreme Court clarifies proof requirements for rape convictions, distinguishing simple rape from statutory rape and affirming credibility standards.

Breach of Trust and Termination: When Is Dismissal Too Harsh in Philippine Labor Law

Philippine Supreme Court clarifies when dismissal for breach of trust is too harsh, and when separation pay may still be awarded.

Positive Identification Trumps Alibi in Robbery and Rape Convictions

Supreme Court affirms robbery with rape and robbery convictions, ruling positive identification prevails over alibi and denial defenses.

Novation Requires Clear Release of Original Debtor: Lessons from Ever Electrical v. PBCOM

When does a new debtor's assumption of a loan release the original borrower? The Supreme Court explains novation rules.

Upholding Attorneys Duty Dismissal OF Baseless Disbarment Complaint

The Supreme Court dismissed a baseless disbarment complaint against a lawyer who correctly rejected a claim based on a void Spanish title, and fined the complainant.

Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints

Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.

Sheriff Dismissed for Grave Misconduct in Execution Sale: Lessons for Court Personnel

Supreme Court dismisses sheriff for grave misconduct in auction sale irregularities, reinforcing strict compliance with execution rules.

Eminent Domain and Timely Filing: Protecting Landowner Rights to Just Compensation

The Supreme Court clarifies when landowners may still seek judicial determination of just compensation despite missing the 15-day filing period under agrarian reform laws.

Dishonored Checks and Attorney Discipline: Upholding Ethical Standards in the Legal Profession

The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming strict ethical standards for attorneys.

Reducing Unconscionable Penalties: The Supreme Court’s Stance on Fair Loan Obligations

The Supreme Court clarifies when penalty charges in loan contracts are unconscionable and may be reduced, balancing creditor rights with debtor protection.

Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties

Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.

Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law

The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.

Circumstantial Evidence and Homicide: Establishing Guilt Beyond Reasonable Doubt

When no eyewitness exists, circumstantial evidence can convict. The Supreme Court explains the rules in Saluta v. People.

Chain of Custody Gaps and Missing Poseur-Buyer Lead to Acquittal in Drug Sale Case

The Supreme Court acquits a drug suspect after police failed to mark seized items immediately and did not present the poseur-buyer.

Forged Title Not Spotted by Register of Deeds Examiner: No Gross Negligence Without Bad Faith

The Supreme Court explains when a land registration examiner may—and may not—be held liable for failing to detect a forged owner's duplicate title.

Judicial Efficiency: Timely Resolution of Cases as a Cornerstone of Justice

A Supreme Court ruling on a judge's undue delay underscores why timely case resolution is vital to public trust in the judiciary.

BOI-Registered Enterprise Tax Exemptions and the Limits of Certiorari: Alfonso Lista v. SNAPM

The Supreme Court clarifies local tax exemptions for BOI-registered firms and the procedural limits of certiorari in Alfonso Lista v. SNAPM.