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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 10321–10344 of 19,062 articles for “up”

Circumstantial Evidence and Conviction: Rape with Homicide Requires Moral Certainty

When can circumstantial evidence convict someone of rape with homicide? The Supreme Court explains the moral certainty standard.

Breach of Public Trust, Misappropriation of Funds, and the Duty of Accountable Public Servants

The Supreme Court affirms that misappropriating funds received in trust constitutes estafa, emphasizing the fiduciary duty of accountable public servants.

Upholding Corporate Stability When Courts Defer to Internal Disputes

How the Supreme Court resolved a family corporate dispute by deferring to amended pleadings, docket fee rules, and the limits of injunctions.

Land Registration in the Philippines: Why Possession Since June 12, 1945 Matters

The Supreme Court denied a land registration application because possession began after June 12, 1945, and before the land was declared alienable and disposable.

Authority TO Sell Written Power IS KEY To Valid Real Estate Transactions

Philippine Supreme Court ruling on Estate of Lino Olaguer clarifies when a written power of attorney is required for valid real estate sales.

Breach of Trust Establishing Estafa Through Misappropriated Loan Proceeds

When does failure to turn over loan proceeds become estafa? The Supreme Court explains misappropriation under Article 315.

Supreme Court Dismisses Judge for Extramarital Affair, Suspends Him From Law Practice

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

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Exterior vs Interior Contract Interpretation and Obligations in Philippine Law

Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.

Simulated Business Closure Employer Liability FOR Illegal Dismissal

Philippine Supreme Court ruling on when a simulated business closure constitutes illegal dismissal and employer liability.

Rape Conviction Affirmed: Moral Ascendancy as Intimidation in Familial Settings

Supreme Court affirms rape conviction of a cousin, ruling that moral ascendancy in familial settings constitutes intimidation, and clarifies penetration standards.

Upholding Due Process for Workers: When Business Closure Is a Subterfuge

Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.

Behest Loans and the Ombudsman’s Discretion: Balancing Justice and Due Process in Government Transactions

The Supreme Court upholds the Ombudsman’s dismissal of behest loan charges, reinforcing the principle of non-interference in prosecutorial discretion.

Equitable Reduction of Interest: Protecting Borrowers from Unconscionable Loan Terms

The Supreme Court affirms courts' power to reduce unconscionable interest and penalty rates, protecting borrowers from excessive loan charges.

Rape Conviction Affirmed: The Legal Threshold for Carnal Knowledge and Victim Credibility

The Supreme Court affirms a rape conviction, clarifying that slight penetration of the labia suffices for carnal knowledge and that a credible victim's testimony alone can convict.

Ejectment and Urban Land Reform: Balancing Security of Tenure with Property Rights

The Supreme Court clarifies when urban land reform protections can stop an ejectment case, and when they cannot.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Forum Shopping and Corporate Disputes: Consequences of Multiple Filings

Learn how the Supreme Court treats forum shopping in ejectment cases, co-owner suits, and the rule against multiple filings.

When a Father's Betrayal Meets the Eyes of Justice: Re-evaluating Guilt in Incestuous Rape Cases

A Philippine Supreme Court ruling shows how incestuous rape is proven, why a victim's testimony carries weight, and what penalties and damages the law imposes.

Judicial Ethics: When a Judge's Personal Letter Becomes Official Misconduct

Supreme Court clarifies when a judge's use of court letterhead and title in personal correspondence crosses the line into impropriety.

Excise Tax Uniformity: Rationalizing Cigarette Tax Classification Under Philippine Law

The Supreme Court upheld the constitutionality of the tiered excise tax on cigarettes, explaining how the classification freeze and Annex at 1996 prices, remained in lower tax brackets despite selling

Compromise Agreements and the Limits of Technicalities in Enforcing Judgments

A debtor's repeated legal maneuvers cannot suspend the enforcement of a valid compromise agreement approved by the court. The Supreme Court clarifies the rules on execution and prescription.

Altered Checks and Holder in Due Course Protection Under the Negotiable Instruments Law

Supreme Court ruling on drawee bank liability for altered checks and holder in due course protection under the Negotiable Instruments Law.

Consensual Sex With a Minor: Differentiating Child Abuse and Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when consensual sex with a minor is "other sexual abuse" under R.A. 7610, not mere child abuse under Section 10(a).