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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 12169–12192 of 19,062 articles for “up”

Strikes and Lockouts: Balancing Workers' Rights and Employer Interests in Labor Disputes

The Supreme Court clarifies the rules on illegal strikes, work slowdowns, and the distinct penalties for union officers versus ordinary members.

Fraudulent Conveyance: When Property Sales Defeat Creditors' Rights

Philippine Supreme Court explains when a property sale is fraudulent against creditors and when creditors can rescind.

Due Process Prevails in Property Disputes: When a Writ of Possession Cannot Be Enjoined

The Supreme Court clarifies when a writ of possession in extrajudicial foreclosures is ministerial and when due process protects third-party possessors.

Upholding Corporate Governance: The Limits of SEC Intervention in Church Disputes

When can courts reorganize a management committee created by the SEC? The Supreme Court clarifies the limits of regulatory intervention in corporate disputes.

When Counsel's Error Binds the Client: Lessons from Tan v. Court of Appeals

A client is bound by counsel's mistakes, including missed appeal deadlines. Philippine Supreme Court ruling on finality of judgments.

Breach of Warranty vs Waiver: Marine Insurance Policy Disputes in the Philippines

Philippine Supreme Court clarifies breach of warranty, waiver, and insurer liability in marine insurance disputes under the Insurance Code.

When Is the Accused the Culprit? Assessing Witness Credibility in Homicide Cases

How Philippine courts weigh witness credibility in homicide cases, explained through the Supreme Court's ruling in Bricenio v. People.

Reconstitution of Titles: Verifying Authenticity and Protecting Property Rights

Philippine Supreme Court clarifies judicial reconstitution of lost titles under RA 26, emphasizing owner's duplicate authenticity and jurisdictional requirements.

Upholding Integrity: Disciplining Court Employees for Misconduct Outside Official Duties

The Supreme Court suspended a court stenographer for one year for moonlighting, showing judiciary staff may be disciplined for acts outside their official duties.

Employer Liability When an Employee's Crime Becomes the Company's Debt

Philippine Supreme Court ruling on employer subsidiary liability for crimes committed by employees, and when companies must answer for employee misconduct.

Untangling Tax Assessment Appeals: Deadlines and Excusable Neglect

A bank missed the 30-day window to appeal its tax assessment to the CTA. The Supreme Court explains why deadlines are jurisdictional and when relief is unavailable.

Execution Pending Appeal in Election Cases: When "Good Reasons" Are Not Enough

The Supreme Court clarifies when execution pending appeal in election cases is allowed and why "good reasons" must be clearly established.

Ombudsman's Power to Impose Administrative Penalties: A Defining Ruling

The Supreme Court clarifies the Ombudsman's disciplinary authority—whether it can directly impose penalties or only recommend them.

Reformation of Contract: When Does the Prescription Period Begin?

Philippine Supreme Court clarifies when the 10-year prescriptive period for reformation of contract starts—not from execution, but from discovery of the mistake.

Limits of Administrative Rulemaking: Can Implementing Rules Expand a Law's Scope?

The Supreme Court clarifies that implementing rules cannot expand a law's scope, upholding DepEd Order No. 1, Series of 2003.

NPC Franchise Tax Case: Local Governments Can Tax Government Corporations

The Supreme Court ruled that provinces may impose franchise tax on government-owned corporations like NPC under the Local Government Code.

Seafarers Are Contractual Employees: What This Means for Benefits Claims

Supreme Court clarifies that seafarers are contractual, not regular, employees—affecting 13th month pay and disability benefits claims.

COSLAP Jurisdiction: When Can the Commission Settle Land Disputes

The Supreme Court clarifies the limited jurisdiction of COSLAP over land disputes, distinguishing it from DARAB's agrarian cases.

Sellers Beware: Ethical Duties When Assigning Property Rights You Don't Fully Own

A lawyer-seller assigned a townhouse he hadn't fully paid for. The Supreme Court suspended him for three years, reminding sellers of their ethical duties.

Double Jeopardy in the Philippines: Understanding the Limits of Appealing Acquittals

The Supreme Court clarifies when double jeopardy attaches in Philippine criminal cases, using a Sandiganbayan conditional arraignment case as the focal point.

Ombudsman's Power to Impose Administrative Penalties: Not Just a Recommendation

The Supreme Court clarifies that the Ombudsman can directly impose administrative penalties, not merely recommend them, under the Constitution and RA 6770.

When a Plea Does Not Bar Re-Arraignment: Double Jeopardy and Defective Informations

The Supreme Court explains when a conditional arraignment and an amended information do not trigger double jeopardy protections in Philippine criminal procedure.

Employee Termination: Just Cause and Due Process Under Philippine Law

The Supreme Court clarifies the standards for valid employee termination in the Philippines, focusing on just cause and due process requirements.

Banking Insolvency: When the Central Bank Can Close an Insolvent Bank

The Supreme Court upholds the Central Bank's power to close insolvent banks, explaining the legal meaning of insolvency and the limits of judicial review.