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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 11929–11952 of 19,062 articles for “up”

Breach of Contract Rescission and the Importance of Proving Payment

A buyer who claims full payment must prove it with credible evidence; the Supreme Court explains rescission under Article 1191.

Execution of Judgment in Intra-Corporate Disputes: Ensuring Compliance with Dispositive Portions

The Supreme Court clarifies that execution of judgment must strictly follow the dispositive portion, ensuring compliance in intra-corporate disputes.

Upholding DUE Process When Loss OF Trust Must BE Substantiated IN Employment Termination

Agency vs Assignment: Who Is the Real Party in Interest in Contract Disputes

Philippine Supreme Court clarifies when a representative is an agent rather than an assignee, and who may sue on a contract.

Foreshore Lease Preference: Riparian Rights vs. Reclamation in Philippine Land Law

Supreme Court ruling on whether a littoral owner retains preferential right to lease foreshore land that has been reclaimed by another applicant.

Upholding Integrity Penalties for Dishonesty in Daily Time Records Within the Philippine Judiciary

The Court holds that falsifying daily time records is grave dishonesty, warranting dismissal from the judiciary.

Judicial Restraint vs Workplace Conduct: Defining Boundaries of Authority and Decorum in the Philippine Judici

A Supreme Court ruling on a judge's abuse of authority and a clerk's misconduct clarifies decorum standards for all judiciary personnel.

When Court Officials Clash: Professional Conduct in the Philippine Judiciary

A Supreme Court ruling on a judge and clerk's public quarrel, and what it means for decorum in the judiciary.

Union Rights vs Managerial Prerogatives: Defining Supervisory Roles in Labor Law

Philippine Supreme Court clarifies who counts as a supervisory employee eligible to join a union, and the proper remedy for appealing labor decisions.

Dishonesty Beyond Duty: Upholding Dismissal in PAGCOR Case

The Supreme Court ruled that dishonesty need not be work-related to justify dismissal from government service, affirming PAGCOR's dismissal of a branch manager.

Breach of Contract: Enforcing Penalty Clauses in Government Projects

Explaining when penalty clauses bind contractors in government projects, based on a Supreme Court ruling on DBP and PD 1594.

Solidary Liability of Overseas Employment Agencies in Illegal Dismissal Claims

When can a Philippine recruitment agency be held solidarily liable with a foreign employer for illegal dismissal? The Supreme Court clarifies the limits.

When a Seafarer's Quitclaim and Delay Bar Disability Claims: The Famanila Case

The Supreme Court explains when a seafarer's quitclaim is valid and how prescription periods bar late disability claims.

Breach of Contract When Fault Is Shared: Losses Lie Where They Fall

Philippine Supreme Court ruling on shared fault in contract breach—losses stay with the party that suffers them. Learn the rules.

Dishonesty and Due Process: When Breach of Trust Justifies Termination

Supreme Court affirms dismissal of sales clerk for unauthorized scrap metal sale, clarifying just cause and due process in Philippine labor law.

Repatriation and Citizenship: Strict Requirements for Reacquiring Filipino Citizenship

Philippine Supreme Court clarifies strict requirements for repatriation under RA 8171, including political or economic necessity and proper procedure.

Aliens Cannot Recover Funds for Land Bought in a Filipino's Name

Supreme Court rules an alien who bought Philippine land in a Filipino spouse's name cannot claim reimbursement, upholding the constitutional ban on foreign land ownership.

Quitclaims and Retirement Benefits: Protecting Employees From Unfair Waivers

Philippine Supreme Court rules quitclaims cannot waive judgment awards if payment covers only retirement benefits. Learn the safeguards.

Custody Rights and Habeas Corpus in Philippine Child Custody Disputes

The Supreme Court clarifies when habeas corpus is proper in custody disputes and how the tender-years rule applies.

Situs of Service Determines Income Tax Liability for Nonresident Aliens in the Philippines

Philippine Supreme Court rules that for nonresident aliens, income tax depends on where services are actually rendered, not where the payor resides.

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.

Res Judicata: How a Final Judgment Prevents Relitigation of the Same Issue

Learn how res judicata bars relitigation of settled issues, using a Philippine Supreme Court case on a disputed deed of donation.

MCIT Grace Period for Reopened Banks: The Manila Banking Corporation Ruling

Supreme Court clarifies when a bank that reopens after receivership starts its four-year MCIT grace period under the Tax Code.

Tenancy vs Ownership: When Claiming the Land Defeats Tenant Status

Supreme Court clarifies when a person cannot claim both tenancy and ownership over agricultural land, and which court has jurisdiction.