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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 12409–12432 of 19,062 articles for “up”

Automatic Review of Death Penalty Cases Cannot Be Waived by Appeal Abandonment

The Supreme Court rules the Court of Appeals erred in dismissing an automatic death penalty review due to the accused's failure to file a brief.

Clerk of Court Dismissed for Tampering Court Records and Concealing Ex Parte Proceedings

Supreme Court dismisses clerk of court for dishonesty after tampering with default orders and concealing ex parte proceedings in a civil case.

Rescission of Real Estate Sales: Understanding Breach of Contract and Third Party Rights in the Philippines

Philippine Supreme Court ruling on who may sue for rescission of real estate contracts, real party in interest rule, and implied trusts under Article 1448.

Unconscionable? How the Supreme Court Upholds COA's Power to Claw Back Overpayments

The Supreme Court affirms the COA's power to disallow payments, recover overpayments, and hold contractors liable under the principle of quantum meruit.

Breach of Public Trust: Court Employees Held Accountable for Mismanagement of Judiciary Funds

The Supreme Court dismisses two MTC employees for grave misconduct and dishonesty over misappropriated judiciary funds, reaffirming that public office is a public trust.

Sheriffs Must Execute Writs Ministerially Despite Third-Party Claims

Philippine Supreme Court rules sheriffs have ministerial duty to enforce writs; third-party claims require indemnity bond, not delay.

Sheriff Duties in Executing Writs: Notice to Vacate and Money Judgment Enforcement

Philippine Supreme Court clarifies sheriff duties on notice to vacate and enforcing money judgments in executions, citing Rule 39.

SSS Death Benefits for Legal Spouses: Separation Agreements and Beneficiary Rights

A look at how Philippine law treats legal spouses as SSS primary beneficiaries despite separation agreements, and the procedural lessons from a 2006 Supreme Court ruling.

Automatic Review of Death Penalty Cases Cannot Be Waived: People v. Flores

The Supreme Court rules that appellate courts cannot dismiss death penalty appeals for failure to file briefs, as review is mandatory.

Fiscal Autonomy of the Judiciary: Limits on DBM Control Over Court Positions

The Supreme Court affirms its fiscal autonomy and administrative supervision over court personnel, limiting DBM's power to alter judicial positions.

Due Process in Employee Dismissal: Philippine Supreme Court Case Analysis

Philippine Supreme Court ruling on illegal dismissal, loss of trust and confidence, and the employer's burden of proof in termination cases.

Telegram Delay Philippine Supreme Court Clarifies Liability FOR Communication Service Failures

Philippine Supreme Court rules on telecom liability for delayed telegram delivery, clarifying breach of contract, quasi-delict, and moral damages.

Independent Contractor OR Employee Philippine Supreme Court Clarifies Control Test IN Labor Disputes

Philippine Supreme Court clarifies the control test distinguishing independent contractors from employees in labor disputes, protecting worker rights.

Probable Cause and Warrants of Arrest: Safeguarding Your Rights in the Philippines

Understand probable cause and warrant issuance in Philippine criminal procedure, explained through the Supreme Court's ruling in De Joya v. Marquez.

How Minority Affects Criminal Liability: The Larrañaga Case on Privileged Mitigating Circumstances

The Supreme Court explains how the privileged mitigating circumstance of minority lowers penalties under the Revised Penal Code.

Supreme Court: No Waiver of Automatic Review in Death Penalty Cases

The High Court clarifies that death penalty cases undergo mandatory review, and the Court of Appeals cannot dismiss appeals for failure to file briefs.

Seafarer Death Benefits: Proving Work-Related Causation in Philippine Law

When can a seafarer's family claim death benefits? The Supreme Court explains the evidence needed to prove work-related causation.

Supreme Court Dismisses Sheriff for Dishonesty and Grave Misconduct

Learn how the Supreme Court upheld a sheriff's dismissal for dishonesty, extortion, and neglect—and what this means for court personnel integrity.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

When Can Someone Not a Party to a Contract Sue? The Real Party in Interest Rule

Philippine Supreme Court explains the real party in interest rule and when a non-party to a contract can sue for rescission.

Correcting Election Errors When Canvassers Reconvene After Proclamation

When can a board of canvassers reconvene to fix tally errors after a winner is proclaimed? The Supreme Court explains.

Bouncing Checks and Lawyer Discipline: When Professional Ethics Extend Beyond Legal Practice

A lawyer who issues bouncing checks for his corporation can be disciplined. The Supreme Court explains why.

Judicial Ethics and Procedural Rules: Lessons from Coca-Cola Bottlers v. Cabalo

A look at the Supreme Court's ruling on strict compliance with procedural rules in certiorari petitions and the importance of judicial ethics in the Philippines.

Dishonesty and Breach of Trust in Handling Court Exhibits: A Philippine Labor Law Guide

What Philippine jurisprudence says about dismissal for dishonesty and breach of trust, and how the Supreme Court treats due process in authorized-cause terminations.