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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 13249–13272 of 19,062 articles for “up”

Certiorari as an Improper Substitute for a Lost Appeal: The Importance of Timely Filing

A Supreme Court ruling reminds litigants that certiorari cannot replace a lost appeal, and that probable cause in preliminary investigations rests on probability, not certainty.

Upholding Agrarian Reform Tenant Rights and Land Coverage Under CARP

A Supreme Court ruling affirms tenant rights and CARP coverage over titled agricultural land, rejecting corporate attempts to evade agrarian reform obligations.

Lis Pendens and Good Faith: When a Notice Is Not Enough to Protect Land Rights

A Supreme Court ruling explains when a notice of lis pendens cannot defeat a prior buyer in good faith.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Due Process in Administrative Cases: Suspension, Not Dismissal, for First-Time Inefficiency

Philippine Supreme Court clarifies that first-time inefficiency in public service warrants suspension, not dismissal, under Civil Service rules.

Unlawful Detainer and Estate Possession: Lessons from Umpoc v. Mercado

Philippine Supreme Court ruling on unlawful detainer, estate administrators' possessory rights, and unregistered deeds in ejectment cases.

Finality Prevails: No Appeal from Presumptive Death Declarations Under the Family Code

The Supreme Court clarifies that judgments in summary judicial proceedings for presumptive death under Article 41 of the Family Code are immediately final and executory, leaving no room for appeal.

Tenant's Right of Redemption: Protecting Farmers When Land Is Sold Without Notice

Philippine Supreme Court ruling on agricultural lessees' right to redeem land sold without notice under RA 3844.

Reconveyance Actions Protecting Land Ownership Despite Title Indefeasibility

Philippine Supreme Court clarifies that Torrens titles become indefeasible after one year, but reconveyance actions remain available to true owners.

Labor Unions and Taxpayer Standing in Constitutional Challenges: The AIWA Case

The Supreme Court dismissed labor unions' challenge to E.O. 185 for lack of standing, clarifying the rules on locus standi and judicial review.

Notarial Negligence: A Lawyer's Duty to Supervise and the Risks of Delegating Notarial Functions

The Supreme Court suspended a notary public for letting office secretaries handle his notarial duties, underscoring a lawyer's personal responsibility over notarization.

Compromise Agreements in Philippine Courts: When Settlements End Litigation

Philippine Supreme Court explains when compromise agreements are valid and binding, ending protracted litigation between parties.

Forum Shopping Dismissal: Redundant Suits to Prevent Conflicting Judgments

The Supreme Court explains when filing two derivative suits for the same underlying dispute constitutes forbidden forum shopping, leading to dismissal.

When a Settlement Waives Reinstatement: PNOC-EDC v. Abella on Labor Compromises

The Supreme Court explains when a compromise agreement in a labor case bars claims for reinstatement and how management transfers may be valid.

Surety vs Guarantor: Understanding Liability in Loan Agreements Under Philippine Law

Philippine Supreme Court clarifies the key difference between a surety and a guarantor, and why a surety cannot invoke defenses meant for the principal debtor.

When Can a Philippine Court Reopen a Case? Limits on Trial Court Discretion

The Supreme Court nullified the Sandiganbayan's reopening of a criminal case, ruling that trial courts abuse discretion when they flip-flop without cogent reasons.

Burden of Proof in Estafa: Proving Deceit Beyond Reasonable Doubt in Bouncing Check Cases

Postdated checks don't automatically mean estafa. The Supreme Court explains why deceit must be proven beyond reasonable doubt.

When Promises Corrupt Justice: Ethical Boundaries for Court Sheriffs in the Philippines

Philippine Supreme Court ruling on sheriffs' ethical duties, corruption, and the consequences of overstepping authority in court proceedings.

MTRCB Review Power Over TV Programs: The Inside Story Ruling on Freedom of Expression

Supreme Court affirms MTRCB authority to review all television programs, including public affairs shows, citing the Iglesia ni Cristo doctrine.

Res Judicata and Annulment of Titles: DBP v. La Campana Development Corporation

When does a prior final judgment bar a new case? The Supreme Court explains res judicata's limits in DBP v. La Campana.

Indispensable Parties and Representative Capacity in Property Disputes

Supreme Court ruling on indispensable parties, representative capacity to sue, and quieting of title actions in property disputes.

Retirement Benefits and Notional Salary: Employee Rights in Overseas Assignments

Philippine Supreme Court ruling on whether retirement benefits for overseas-assigned employees are based on notional or actual salary.

Breach of Trust Dismissal for Theft Within the Supreme Court: Etcuban v. Sulpicio Lines

When can an employer dismiss a fiduciary employee for loss of trust and confidence? The Supreme Court explains in Etcuban v. Sulpicio Lines.

Can a Voided Municipality Be Revived? Lessons from Andong, Lanao del Sur

The Supreme Court rules that a municipality voided in Pelaez cannot be revived without legislative action, even if it claims to exist.