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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 12001–12024 of 19,062 articles for “up”

Conditional Contracts to Sell: When Buyers' Payment Hinges on Sellers' Prior Mortgage Release

Philippine Supreme Court clarifies that in a contract to sell, buyers need not pay until sellers secure mortgage release, and rescission under Article 1191 does not apply.

Certiorari Limits: When Factual Errors Do Not Justify Supreme Court Intervention

The Supreme Court clarifies that Rule 45 certiorari cannot correct mere factual errors, only grave abuse of discretion.

Substandard Deliveries in Government Contracts: When Penalties Apply

A Supreme Court ruling clarifies when a milling contractor can be held liable for substandard rice deliveries under government contracts.

Management Prerogative vs Employee Rights: The Limits of Promotion Decisions

When does a supervisor's recommendation bind management? The Supreme Court clarifies the limits of management prerogative in promotion decisions.

Eminent Domain by LGUs: Why an Ordinance Is Required, Not Just a Resolution

Philippine Supreme Court rules a mere resolution cannot authorize a local government's expropriation; an ordinance is required under the Local Government Code.

Sheriffs Overreach Limits To Public Service And Ethical Conduct In The Philippine Judiciary

A sheriff who prepares demand letters for private parties exceeds his authority and commits misconduct, says the Supreme Court.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers' Rights

When is a sale with right to repurchase actually an equitable mortgage? The Supreme Court explains the legal presumption protecting borrowers.

Timeliness Matters: Questioning Labor Execution Orders Beyond the Deadline

A Supreme Court ruling on why workers who questioned a labor execution writ beyond the 10-day period lost their claim.

Torrens Title vs. Laches: When Delay Bars a Quieting of Title Claim

Philippine Supreme Court ruling on whether laches can bar a quieting of title action over registered land, and the limits of Torrens title protection.

Intestate Succession and Laches: Protecting Heirs' Rights to Family Property

Philippine Supreme Court ruling on heirs' rights to inherited property, extrajudicial settlement validity, and when laches cannot bar succession claims.

Contempt of Court and Administrative Dismissals: Balancing Executive Action and Judicial Process

When can a government official be cited for contempt for implementing an administrative dismissal pending appeal? The Supreme Court explains the limits.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Dual Citizens' Right to Vote: Residency and Absentee Voting Reconciled

The Supreme Court ruled that dual citizens under RA 9225 may vote as absentee voters under RA 9189, reconciling constitutional residency with overseas voting.

Motion to Defer Arraignment Denied: Understanding Grave Abuse of Discretion in Philippine Courts

When can a judge's refusal to postpone arraignment amount to grave abuse of discretion? The Supreme Court explains the limits of judicial discretion.

Huibonhoa v. Concepcion: Forum Shopping and Moot Petitions in Philippine Litigation

The Supreme Court denied a petition as moot and academic but clarified the test for forum shopping in the 2006 case of Huibonhoa v. Concepcion.

Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case

When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.

Estoppel Against the Philippine Government: When It Does Not Apply in Land Registration Cases

The Supreme Court clarifies when the government cannot be estopped from challenging void land registration judgments, even after decades of delay.

Real Property Tax Sales: Ensuring Proper Notice to Delinquent Owners

The Supreme Court clarifies the notice requirements for tax delinquency sales under P.D. 464, emphasizing strict compliance with statutory notice rules.

Forum Shopping and Mootness in Intra-Corporate Disputes: The Huibonhoa Case

The Supreme Court clarifies forum shopping tests and mootness doctrine in intra-corporate disputes, offering practical guidance for litigants and counsel.

Breach of Contract Upholding Rescission Rights in Land Sales

When a buyer defaults on a land sale agreement, the seller may validly rescind. The Supreme Court explains the limits of a buyer's right to demand execution of a contract.

Court System Dismissal Denials Forum Shopping and the Hierarchy of Courts

The Supreme Court explains when certiorari is proper, what forum shopping requires, and why litigants must respect judicial hierarchy.

Upholding Integrity in the Judiciary: Dishonesty and Misconduct Lead to Dismissal for Court Personnel

Clerk of Court dismissed for dishonesty, forgery, and misuse of public funds in violation of the Code of Conduct for Court Personnel.

Breach of Contract: Understanding Rescission in Real Estate Transactions

Learn how a defective foreclosure sale was voided by the Supreme Court and what it means for buyers and mortgagors.

Dismissal OF Baseless Charges Against Judge AND Sheriffs Upholding THE Presumption OF Regularity IN Official Duty Performance