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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 13633–13656 of 19,062 articles for “up”

Control Test vs Independent Contractor: Manila Water Ruling on Labor-Only Contracting

Supreme Court explains when a contractor is labor-only, not independent, and when workers become regular employees under Philippine labor law.

Can Employers Withhold Wages for Loan Guarantees or Training Bonds? SC Says No

Philippine Supreme Court rules employers cannot withhold wages or benefits as lien for car loan guarantees or training expenses. Learn the limits.

Fatal Stabbing Affirming Conviction Despite Questions of Superior Strength

Supreme Court affirms murder conviction for fatal stabbing, ruling treachery absorbed abuse of superior strength and rejecting alibi defenses.

Sheriffs Duty Upholding Execution OF Court Orders AND Presumption OF Regularity

Serving Time Before Deportation: Criminal and Immigration Law Intersect

Philippine Supreme Court clarifies that convicted aliens must serve their prison sentence before deportation under the Immigration Act of 1940.

Age and Relationship as Essential Proofs for Qualified Rape Conviction in the Philippines

The Supreme Court explains why minority and relationship must be both alleged and proven before the death penalty for qualified rape can be imposed.

When Public Service Meets Financial Benefit: Balancing Compensation for Water District Board Members

The Supreme Court clarifies the limits on compensation for water district board members under PD 198, balancing strict rules with good faith.

Transfer of Employees Is a Valid Managerial Prerogative Unless Done in Bad Faith

The Supreme Court explains when an employee transfer amounts to constructive dismissal and when it is a valid exercise of management prerogative.

Employee Transfers Management Rights VS Constructive Dismissal Claims

When is a transfer a valid management prerogative and not constructive dismissal? The Supreme Court explains in Mendoza v. Rural Bank of Lucban.

Prescription Does Not Bar State Reversion of Public Land Illegally Acquired

Philippine Supreme Court clarifies that prescription and laches do not bar the State from reverting public land fraudulently titled, even after many years.

Waiver of Rights: The Importance of Asserting Your Right to Cross-Examine Witnesses

Learn why failing to cross-examine witnesses and perfect an appeal on time can be fatal to your case, based on a Philippine Supreme Court ruling.

Rape and the Shadow of a Bolo: Establishing Intimidation as Qualified Rape

The Supreme Court explains when a bolo turns rape into a qualified offense, and why the death penalty was reduced to reclusion perpetua.

Silence Is Not Consent: Rape by Intimidation and the Limits of a Guilty Plea

A Philippine Supreme Court ruling explains why a victim's silence and fear do not equal consent, and why a guilty plea in a capital case needs more than a warning.

Confessions and the Death Penalty: Ensuring Voluntariness in Rape-Homicide Cases

The Supreme Court affirms a death sentence for rape-homicide, explaining the required "searching inquiry" into guilty pleas and the weight of voluntary confessions.

When a "Duplicate Original" Becomes a Technicality: Velasco v. Court of Appeals

The Supreme Court clarifies when a "duplicate original" copy satisfies appeal requirements, and when dismissal for technicality becomes grave abuse of discretion.

Rape and Consent: Examining the Boundaries of Sexual Assault in the Philippines

The Supreme Court affirms a rape-with-homicide conviction, clarifying how force and lack of consent are established in Philippine law.

Intimidation Over Resistance Rape Conviction Upheld Despite Lack of Physical Injury

Supreme Court affirms rape conviction, ruling that intimidation can overcome the need to prove physical resistance or injury in a sexual assault case.

Shareholder Rights vs PCGG Authority: Jurisdiction in Corporate Disputes Involving Government Assets

Supreme Court clarifies Sandiganbayan jurisdiction limits in corporate disputes involving sequestered assets and stockholder pre-emptive rights.

Intent to Kill, Conspiracy, and Premeditation in Philippine Murder Cases

The Supreme Court explains how intent to kill, conspiracy, and evident premeditation are proven in murder cases, using a 2004 Bacolod double-attack case.

Conflict of Interest Upholding Ethical Standards for Court Sheriffs

Explaining how the Supreme Court disciplines court sheriffs for conflict of interest and misconduct, setting ethical standards.

Judge Dismissed and Suspended from Law Practice for Gross Immorality in Extramarital Affair Case

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, imposing a three-year suspension from law practice.

When Can a Local Government Close a Business? Due Process Limits on Municipal Power

The Supreme Court clarifies that municipalities may regulate businesses through closure only with due process, even when taxes are unpaid.

VAT Exemption for Subic Bay Freeport Enterprises: Direct vs Indirect Tax Liabilities

Supreme Court clarifies that Subic Bay Freeport enterprises cannot claim VAT refunds on purchases since VAT is an indirect tax.

Treachery and Self-Defense: Examining the Boundaries in a Homicide Case

A Supreme Court ruling in a 1995 stabbing case clarifies how Philippine courts evaluate self-defense claims and the qualifying circumstance of treachery.