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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 7561–7584 of 19,062 articles for “up”

Concurrent Jurisdiction: The CSC's Role in Disciplining State University Personnel

The Supreme Court clarifies that the CSC shares original jurisdiction with state university boards of regents over administrative cases against school officials.

Defining Capital: Filipino Control of Public Utilities Under the Constitution

The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar

Preliminary Injunctions Upholding Foreclosure Rights Absent A Clear Legal Violation

When Due Process Is Denied: Judge Fined for Ignoring Indispensable Parties and Legal Procedures

A Supreme Court administrative case shows how a judge was fined for ignoring indispensable parties, skipping summons rules, and violating notice requirements.

Upholding Judicial Integrity: Dismissal for Gross Ignorance of the Law in Reopening Finalized Criminal Cases

A judge's dismissal for reopening a final and executory criminal case, and the duty of courts to respect finality of judgment.

Burden of Proof in Medical Negligence: Surgeons Not Automatically Liable for Patient's Death

Philippine Supreme Court clarifies that surgeons are not automatically liable for a patient's death; plaintiffs must prove negligence and causation.

Taxation of Non-Profit Hospitals: Balancing Charity and Commerce in the Philippines

The Supreme Court clarifies when non-profit hospitals lose income tax exemption and pay the 10% preferential rate under the NIRC.

Loan Restructuring vs Foreclosure: Borrower Rights in the Philippines

When does a pending loan restructuring stop a bank from foreclosing? The Supreme Court explains borrower rights and limits.

Upholding Due Process in Administrative Cases: The Standard of Substantial Evidence

The Supreme Court clarifies that administrative liability requires substantial evidence of wrongdoing, not mere presumption or opportunity to commit an offense.

Tax Amnesty Under RA 9480: Can It Cover Prior Tax Assessments?

The Supreme Court ruled that a taxpayer may avail of the 2007 tax amnesty under RA 9480 even with a pending assessment, settling the scope of the program.

Balancing Security and Liberty: Understanding the Limits of Amparo and Habeas Data Petitions in the Philippine

The Supreme Court clarifies when amparo and habeas data writs may be granted, emphasizing substantial evidence over mere fears.

Balancing Security and Liberty: Substantial Evidence in Amparo and Habeas Data Cases

The Supreme Court clarifies the evidentiary standard for amparo and habeas data petitions, balancing national security concerns with individual liberty.

Court Cash Clerk Dismissed for Dishonesty and Misconduct in Handling Judiciary Funds

Supreme Court affirms dismissal of court cash clerk for misappropriating judiciary funds through falsified official receipts, citing public trust principles.

Central Bank Independence vs. Contractual Obligations: Resolving Disputes Over Government Securities

The Supreme Court rules that the Bangko Sentral cannot adjudicate ownership disputes over government securities, and regular courts must resolve them.

Proof of Notice of Dishonor: A Critical Safeguard in Bouncing Check Cases

Learn how the Supreme Court requires strict proof of written notice of dishonor before convicting under the Bouncing Checks Law.

Judicial Accountability: Undue Delay and Misconduct Claims Against Judges in the Philippines

The Supreme Court clarifies when judges face administrative liability for delay and misconduct, and when complaints merely substitute for lost judicial remedies.

Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases

A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.

Annulment of Judgment: When a Non-Party Can Challenge a Final Court Decision

A non-party cannot seek annulment of judgment under Rule 47 if the decision does not bind or prejudice them. The Supreme Court explains the proper remedies.

Sheriffs Misconduct Upholding Integrity In Execution Of Court Orders

When a sheriff mishandles execution funds and demands extra fees, the Supreme Court steps in. Learn the rules and consequences.

Voiding Contracts: The Perils of Selling Future Inheritance and Post-Mortem Deeds in Philippine Property Law

Philippine Supreme Court clarifies when a non-party can annul a judgment and the risks of selling inherited property before the estate is settled.

Protecting the Vulnerable: Statutory Rape and the Indelible Duty to Safeguard Children in the Philippines

The Supreme Court affirms a rape conviction, explaining statutory rape, the rules on proving a child's age, and damages for child victims.

Sheriffs Must Execute Writs Promptly: The Timely Enforcement Duty in the Philippines

Philippine Supreme Court clarifies sheriffs have a ministerial duty to execute writs promptly, with no discretion to delay absent a court order.

Bad Faith in Unregistered Land Sales and Trust Disputes: Belle Corp. v. De Leon-Banks

When can a buyer of unregistered land be sued for bad faith? The Supreme Court clarifies pleading rules in trust and property disputes.

Illegal Dismissal: Employer Must Prove Just Cause AND Due Process in Termination

Philippine Supreme Court clarifies that terminating an employee requires both substantive and procedural due process; failure in either makes dismissal illegal.