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Legal Insights

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 5377–5400 of 19,062 articles for “up”

Chain of Custody and Illegal Drug Possession: Ensuring Evidence Integrity

How the Supreme Court applies the chain of custody rule in drug cases, and why strict compliance with Section 21 may not always be required.

Maintaining Decorum: Ethical Standards for Court Employees in the Philippines

The Supreme Court reprimands a process server for discourtesy toward a superior, reaffirming strict ethical standards for all court personnel in the Philippines.

Upholding Ethical Conduct: Disciplinary Action for Attorney Misconduct and Violation of Court Orders

The Supreme Court suspends a lawyer for gross misconduct, including false certifications, abusive language, and defying a court-imposed ban.

Lawyer Suspended for Misconduct and Disobedience to Court Orders

Supreme Court suspends lawyer for two years for misrepresentation, improper language, and defying a court-imposed ban on government reemployment.

Conjugal Property Sales When A Void Contract Still Speaks Volumes

When a deed of absolute sale is void for lack of spousal consent, can it still be used to prove a valid dacion en pago? The Supreme Court weighs in.

Injunctions and Property Rights: Balancing Ownership and Possession in Philippine Law

The Supreme Court clarifies when preliminary injunctions may issue, distinguishing real parties in interest from indispensable parties in property disputes.

When Can a Law Firm File Certiorari on Its Own Behalf? Standing Rules Explained

The Supreme Court explains when a law firm, though not a party to the case, may challenge a court order via certiorari to protect its own interests.

Progress Billings AND Contractual Obligations Upholding Contractors Valuation IN Construction Disputes

Clerk of Court Notarial Authority: Limits on Ex-Officio Powers in Appeals

Supreme Court clarifies clerks of court cannot notarize appeal pleadings; improper verification warrants dismissal of petition for review.

Clerk of Court Notarial Authority: Scope and Limits in Philippine Legal Proceedings

Philippine Supreme Court clarifies that clerks of court may notarize only matters related to their official functions, not private pleadings.

Corporate Rehabilitation Venue and Joint Petitions Under Philippine Law

The Supreme Court clarifies venue rules for corporate rehabilitation and disallows joint petitions by separate corporations under the Interim Rules.

Labor-Only Contracting: When a Principal Becomes the True Employer

Supreme Court clarifies labor-only contracting and employer-employee relationship, holding principals liable for benefits when contractors lack capital or control.

Probable Cause and Human Trafficking: When Judges May Not Dismiss on Disputed Facts

The Supreme Court clarifies when a judge may dismiss a human trafficking case for lack of probable cause, and when trial is required.

Upholding Ethical Boundaries: Attorneys' Duty and Good Faith in Legal Practice

Philippine Supreme Court ruling clarifies attorneys' ethical duties, good faith, and confidentiality rules in administrative cases.

When a Lawyer Can Challenge a Court Order: The Rule 65 "Aggrieved Party" Exception

Explaining when a lawyer can file a certiorari petition despite not being a party, based on a 2016 Supreme Court ruling.

Dacion en Pago vs. Equitable Mortgage: Lessons from Villarta v. Talavera

The Supreme Court clarifies when a property transfer is a valid dacion en pago, not an equitable mortgage, in Villarta v. Talavera.

Court of Appeals Erred in Dismissing Case Against Monzon: Jurisdiction Acquired Through Counsel

Supreme Court rules CA acquired jurisdiction over respondent through service to counsel of record, reversing dismissal order.

Reasonable Doubt Prevails: Acquittal in Theft Case Due to Insufficient Proof of Felonious Taking

When circumstantial evidence fails to prove felonious taking beyond reasonable doubt, the accused must be acquitted. The Supreme Court explains.

Protecting Childhood: Defining Carnal Knowledge in Statutory Rape Cases

The Supreme Court clarifies that slight penetration suffices for statutory rape, protecting child victims like a four-year-old in this case.

Child Witness Testimony and Competency in Philippine Rape Cases

How the Supreme Court affirmed a rape conviction based on a four-year-old child's testimony, clarifying competency and hearsay rules.

Docket Fees and Real Actions: Jurisdictional Requirements in Philippine Property Disputes

Learn how unpaid docket fees and mislabeled complaints affect court jurisdiction in Philippine property cases, based on a 2016 Supreme Court ruling.

Seafarer Disability Claims: Company Doctor vs. Mutually Appointed Physician

The Supreme Court ruled that a company doctor's disability assessment stands unless the seafarer questions it or seeks a mutually appointed physician's evaluation.

Ejectment Cases: Why a Torrens Title Beats an Unregistered Deed of Sale

The Supreme Court explains why registered owners prevail over unregistered buyers in ejectment cases, and when courts should suspend proceedings.

Upholding Land Title Integrity: State Authority Over Public Domain Prevails

Supreme Court remands land title cancellation case, ruling procedural lapses by the OSG should not bar the State from recovering allegedly fraudulent titles.