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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 9289–9312 of 19,062 articles for “up”

Optional Retirement: When Employer Discretion Prevails Over Employee Claims

Supreme Court clarifies that optional retirement benefits under a company gratuity plan remain subject to employer discretion, not a matter of right.

Air Carrier Breach of Contract: Damages and Interest in Air Travel Disputes

Philippine Supreme Court clarifies when legal interest runs on damages awarded in air carrier breach of contract cases.

Father’s Conviction for Rape: Death Penalty Reduced to Reclusion Perpetua

Supreme Court affirms father’s rape conviction but reduces death penalty to reclusion perpetua because the information omitted the victim’s age.

Accountability Prevails Establishing Guilt AND Consequences IN Group Violence

When Love Fades Psychological Incapacity VS Marital Disaffection IN Philippine LAW

The Supreme Court clarifies when a spouse's emotional distance is psychological incapacity under Article 36, and when it is simply a failed marriage.

Eminent Domain and Just Compensation: Protecting Property Rights in the Philippines

Learn how the Supreme Court protects property rights in eminent domain cases, and why just compensation must follow legal procedures.

Emancipation Patents Full Payment Required for Indefeasibility in Agrarian Reform

The Supreme Court rules that emancipation patents may be cancelled if farmer-beneficiaries fail to pay amortizations, as full payment is required before title transfer.

Laches and Prescription in Construction Contract Disputes: IBEX v. GSIS

Explaining the Supreme Court's ruling on prescription, laches, and finality of CIAC factual findings in construction disputes.

Demolition Notices vs Due Process: Protecting Property Rights in the Philippines

Philippine law requires demolition notices to comply with due process. Learn the rules that protect property owners and occupants.

Jurisdiction Thresholds: Which Court Hears Real Property Disputes Based on Assessed Value

Philippine court jurisdiction over real property disputes hinges on assessed value. Learn the P20,000 threshold rule from a Supreme Court ruling.

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Credibility of Eyewitness Testimony in Murder Convictions: People v. Dela Cruz

The Supreme Court affirms a murder conviction based on eyewitness testimony, explaining rules on credibility, alibi, treachery, and damages.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Forged Signatures and Fraud: Establishing Liability for Estafa Through Falsification

How the Supreme Court affirmed a conviction for estafa through falsification when forged bank encashment slips were used to withdraw another's funds.

Circumstantial Evidence in Rape Cases: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains how circumstantial evidence can establish rape beyond reasonable doubt, even when the victim was unconscious during the assault.

When Falsified Encashment Slips Lead to Estafa: Lessons from People v. Domingo

The Supreme Court affirms a conviction for estafa through falsification of commercial documents, clarifying the elements and penalties involved.

Dismissal for Absence Without Leave: Upholding Public Service Integrity

Court stenographer dropped from rolls for prolonged AWOL and unauthorized foreign travel. Learn the rules on absences without leave in Philippine public service.

Second Chance Appeals: COMELEC's Duty to Allow Correction of Election Fee Payments

A Supreme Court ruling clarifies when corporate officers may be held personally liable for a corporation's unpaid obligations under the Corporation Code.

Dereliction OF Duty Upholding Public Service Standards IN THE Judiciary

Abandonment of Duty, Unauthorized Absences, and the Doctrine of Dropping From the Rolls

Philippine Supreme Court explains when a court employee may be dropped from the rolls for AWOL and unauthorized foreign travel.

Delayed Delivery and Rescission Rights in Pre-Selling Condominium Contracts

The Supreme Court held that a developer's failure to deliver a pre-selling condominium unit on time entitles the buyer to a refund of payments with interest.

Right of Way Cannot Be Acquired by Continuous Use Alone; Title or Written Agreement Required

Philippine Supreme Court ruling: easement of right of way is discontinuous, cannot be acquired by prescription or mere continuous use.

Upholding Integrity: Dismissal of Court Personnel for Fraudulent Retirement Benefit Release

The Supreme Court dismissed and disciplined court personnel who facilitated the fraudulent release of a dismissed judge's P1.55-million retirement gratuity.