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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 9649–9672 of 19,062 articles for “up”

Protecting Minors: Stepfather's Breach of Trust and the Crime of Statutory Rape

The Supreme Court affirms the conviction of a stepfather for statutory rape of his 11-year-old stepdaughter, explaining the elements of the crime and the penalties involved.

Breach of Trust vs Estafa: Delineating Fiduciary Duty in Investment Transactions

When does an investment house's failure to return funds become estafa? The Supreme Court clarifies the line between fiduciary duty and mere debtor-creditor relations.

Redemption Rights: Why Written Notice From the Vendor Matters in Co-Ownership Sales

Philippine Supreme Court clarifies that the 30-day legal redemption period only starts upon written notice from the vendor, not from court decisions.

Derivative Suits vs Corporate Liquidation: Protecting Corporate Assets and Stockholder Rights

Philippine Supreme Court clarifies the distinction between derivative suits and corporate liquidation proceedings in stockholder disputes.

Estafa Liability of Corporate Officers for Actions of Agents in Securities Trading

Supreme Court clarifies when corporate officers may be held liable for estafa in securities trading and investment transactions.

Finality of Tax Assessments: Why Collection Efforts Don't Reopen Tax Disputes

When do collection letters and lawsuits reopen settled tax assessments? The Supreme Court clarifies in Pilipinas Shell v. Commissioner of Customs.

Judicial Ethics: Judge Fined P40,000 for Public Humiliation of Court Clerk

Supreme Court holds judge liable for gross misconduct after threatening, vilifying, and publicly humiliating a court clerk through newspaper publications.

Dismissal for Loss of Trust and Confidence: Clear Proof and Due Process Are Essential

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, requiring clear evidence and proper procedure.

Resignation With Assurance: Enforceability of Separation Pay Agreements in Voluntary Resignations

Philippine Supreme Court ruling on when a voluntary resignation with a promised separation pay creates an enforceable obligation on the employer.

Positive Identification Trumps Alibi: The Value of Credible Witness Testimony

A child witness's positive identification of an accused outweighs the defense of alibi, the Supreme Court ruled in People v. Delpino.

Tenant Rights Consent AND Sharing Requirements IN Agricultural Land Disputes

When is a land dispute agrarian or civil? The Supreme Court clarifies DARAB jurisdiction and the rules on tenancy.

Independent Contractor vs Employee: Control Test in Consultancy Agreements

The Supreme Court clarifies when a consultant is an independent contractor, not an employee, using the four-fold test and control test.

Balancing Justice AND Procedure When Timeliness Gives WAY TO Equitable Outcomes

When a one-day delay in filing a motion could have cost a complainant his civil claim, the Supreme Court showed when equity may prevail over strict procedural rules.

Court Jurisdiction in Property Disputes: Agrarian Reform vs Civil Action

Supreme Court clarifies when property disputes fall under regular courts rather than DARAB, using jurisdictional rules.

Boundary Disputes and Local Autonomy: Clarifying Jurisdiction in the Philippines

The Supreme Court clarifies which body settles boundary disputes between LGUs in Metro Manila, and when courts may intervene.

Upholding Doles Authority When Labor Inspections Trump Individual Claim Limits

Breach of Trust Justifies Dismissal Safeguarding Employer Confidence in Managerial Roles

Learn when loss of trust and confidence justifies dismissing managerial employees under Philippine labor law, based on a Supreme Court ruling.

Forcible Entry: Prior Physical Possession Is the Decisive Factor

Philippine Supreme Court clarifies that forcible entry cases hinge on prior physical possession, not tax declarations or ownership claims.

Attorney Disbarred for Defrauding Foreign Client Upholding Trust and Integrity in the Legal Profession

Lawyer disbarred for deceiving a Danish client into buying land aliens cannot own, then absconding with millions.

DST on Deposit on Stock Subscription: When Is It Due?

The Supreme Court clarifies when documentary stamp tax applies to deposits on stock subscription, distinguishing them from actual stock subscriptions.

Supreme Court Dismisses Judge for Gross Immorality in Extramarital Affair Case

The Supreme Court dismissed a judge for gross immorality over an extramarital affair and child, while suspending him from law practice for three years.

CSC Disciplinary Power Over State University Employees Affirmed Despite Board Autonomy

Supreme Court affirms CSC's authority to discipline state university employees, clarifying that board autonomy does not divest the Commission of jurisdiction.

Oath of Office Defines Authority: Upholding Appointments Before Succession in Public Office

When does an outgoing official lose appointing power? The Supreme Court rules on oath, succession, and valid promotions.

Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal

Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.