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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 11257–11280 of 19,062 articles for “up”

Certiorari vs Appeal: Choosing the Right Remedy in Administrative Cases

A Supreme Court ruling clarifies why certiorari cannot substitute for a lapsed appeal in Ombudsman administrative cases, and explains the proper remedy.

Usury Law in the Philippines: When Courts Cut Excessive Interest Rates

The Supreme Court struck down a 48% annual interest rate as unconscionable in Bulos v. Yasuma, showing courts can reduce excessive loan interest even without the Usury Law.

Robbery With Homicide: When Intent to Rob and Resulting Death Define the Crime

The Supreme Court clarifies the elements of robbery with homicide, why attempted murder is absorbed, and the penalties imposed.

Lease or Disguised Sale: Recto Law Protects Lessees in Equipment Financing Agreements

When is a lease really a sale? The Supreme Court explains how the Recto Law shields lessees in disguised financing deals.

Treachery Defined: The Element of Surprise in Criminal Law

The Supreme Court explains treachery as a sudden, unexpected attack, using a husband stabbing his sleeping wife as the defining example.

Sovereign Solvency: Why the Republic Is Exempt From Attachment Bond Requirements

The Supreme Court affirms that the Republic of the Philippines, as a sovereign, is exempt from posting attachment bonds in civil cases.

Finality of Judgments: When Persistence Becomes Contempt of Court

A lawyer's relentless attacks on a final Supreme Court ruling led to indirect contempt. Learn the limits of fair criticism.

Authentication or Bust: When Private Documents Need Proof to Fly in Court

Philippine Supreme Court ruling on why private documents like audited financial statements must be authenticated before courts can admit them as evidence.

Marital Violence Establishing Guilt Beyond Reasonable Doubt IN Parricide Cases

A husband who stabbed his sleeping wife was convicted of parricide. The Supreme Court affirmed the conviction and clarified the rules on child testimony, treachery, and damages.

Price Certainty in Real Estate Sales: When a "Yes" Is Not Enough

Philippine Supreme Court clarifies that a contract of sale requires a definite price; vague terms and unresolved payment details prevent perfection.

Custody of Minors and Habeas Corpus: Understanding Court Jurisdiction in the Philippines

The Supreme Court clarifies that family courts and the Court of Appeals share concurrent jurisdiction over habeas corpus petitions involving custody of minors.

Contempt of Court and Lawyer Accountability: The Roxas Case

A lawyer's intemperate letter to a Supreme Court Justice led to a P30,000 fine for indirect contempt and a reminder of professional ethics.

Custody Habeas Corpus: Family Courts and the Court of Appeals Share Jurisdiction

The Supreme Court clarifies that family courts do not have exclusive jurisdiction over habeas corpus petitions involving child custody disputes.

Losing the Right to Appeal: The Importance of Following Election Rules in Electric Cooperatives

A Supreme Court ruling on election contests shows why strict compliance with procedural rules in electric cooperative elections is non-negotiable.

Sheriffs Authority Limits On Enforcing Barangay Settlements

When can sheriffs enforce a barangay amicable settlement? The Supreme Court clarifies the limits of sheriff authority in Solway v. Pascasio.

Concurrent Jurisdiction Safeguarding Minors Across Regions in Habeas Corpus Cases

The Supreme Court clarifies that family courts share concurrent jurisdiction with the Court of Appeals and Supreme Court in habeas corpus cases involving custody of minors.

Petty Thievery and Breach of Trust: Accountability for Court Personnel

Explore the Supreme Court's firm stance on court personnel accountability, emphasizing integrity and the severe consequences of misconduct.

Custody Disputes: Why a Mother's Fitness Prevails for Children Under Seven

Philippine Supreme Court clarifies the tender-age presumption in custody disputes, affirming a mother's right to sole custody absent compelling evidence of unfitness.

Condonation in Foreclosure: Defining the Scope and Effect of Debt Forgiveness

The Supreme Court clarifies when condonation of a deficiency after foreclosure takes effect and its scope, with practical lessons for debtors and creditors.

When a Sale Is Valid Despite Defective Notarization: Lessons from a Philippine Supreme Court Ruling

A Philippine Supreme Court ruling explains when a notarized deed remains valid despite defects, and how courts view claims of forgery and lack of consideration.

Credibility of Witnesses and Inconsistencies Between Affidavits and Court Testimony in Rape Cases

Philippine Supreme Court ruling on witness credibility, affidavit-testimony inconsistencies, and penalties for rape by sexual intercourse and sexual assault.

From Public Land to Private Right: Establishing Land Ownership Through Acquisitive Prescription

How long possession of alienable public land can ripen into private ownership, explained through a 2007 Supreme Court ruling.

Fixed-Term Employment: Employers Cannot Terminate Before Contract Expiry Without Just Cause

Philippine Supreme Court ruling on fixed-term employment: employers cannot terminate workers before contract expiry without just cause, even with waiver clauses.

Upholding Contractual Obligations: The Validity of a Special Power of Attorney in Property Transfers

A Supreme Court ruling clarifies jurisdiction in property disputes, the statute of frauds, and rights of first refusal in Philippine real estate law.