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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 13753–13776 of 19,062 articles for “up”

Majority of All Members: How Comelec En Banc Votes Are Counted Under the Constitution

The Supreme Court abandoned its earlier ruling in Cua and held that the Comelec en banc must decide by a majority vote of all its members, not just those who deliberated.

Substantial Compliance in Certification Against Forum Shopping: Protecting Co-Owners' Rights

Philippine Supreme Court ruling on when one co-owner's signature on the certification against forum shopping substantially complies with procedural rules.

Robbery With Homicide: When Flawed Identification Leads to Acquittal

Explaining the Supreme Court's ruling in People v. Pineda on conspiracy, robbery with homicide liability, and the dangers of suggestive police identification.

Ombudsman's Discretion in Criminal Cases: Limits on Judicial Review

The Supreme Court in Perez v. Ombudsman explains why courts rarely overturn the Ombudsman's dismissal of criminal complaints, and where to file a challenge.

Accountability in Public Service: Negligence in Handling Court Funds and Property

A look at how the Supreme Court holds public officers accountable for negligence in managing court funds and property.

PAGCOR Franchise Limits, Delegation, and Mootness in Constitutional Challenges

The Supreme Court clarifies PAGCOR cannot delegate its franchise, and explains when constitutional challenges become moot.

Withdrawal of Tolerance: The Decisive Factor in Unlawful Detainer Cases

Philippine Supreme Court clarifies that withdrawal of tolerance, not non-payment of rent, determines jurisdiction in unlawful detainer cases.

Reasonable Doubt Acquittal Based on Circumstantial Evidence in Robbery Cases

The Supreme Court clarifies when circumstantial evidence suffices for conviction and when reasonable doubt requires acquittal in robbery cases.

Statutory Rape Conviction and the Strict Reading of Qualifying Circumstances in Informations

Philippine Supreme Court clarifies that qualifying circumstances like step-parentage must be precisely alleged in the information to justify the death penalty.

Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases

Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.

Lawyers Cannot Claim Ignorance of Basic Procedures to Abandon Client Obligations

Philippine Supreme Court rules a lawyer's claim of ignorance in filing a motion for reconsideration is no excuse for neglecting a client's case.

Upholding Notarial Duty Consequences For False Attestation In Legal Documents

Supreme Court revokes notary commission and suspends lawyer for notarizing a deed after the signatory had already died, underscoring strict notarial duties.

Zoning Law Prevails: Agrarian Reform Not Applicable to Lands Reclassified Before 1988

Land reclassified from agricultural to residential before the 1988 CARL is outside agrarian reform coverage, explains this Supreme Court ruling.

Upholding Migrant Workers Act: Courts Can't Stop Enforcement Without Proof of Harm

Supreme Court rules courts cannot enjoin enforcement of the Migrant Workers Act without clear proof of irreparable injury to those challenging it.

Rape and Moral Ascendancy: Penetration Not Required for Consummation

Philippine Supreme Court clarifies that full penetration is not required for consummated rape, especially when moral ascendancy substitutes for force.

Drug Cases and the Requirement to Allege Aggravating Circumstances in the Information

In Li Ka Kim v. People, the Supreme Court reduced a death sentence because the aggravating circumstance was not alleged in the Information. Here is what that means.

Arbitration vs Judicial Review: Defining the Boundaries of Contractual Disputes in the Philippines

When a contract contains an arbitration clause, can courts still hear constitutional questions? The Supreme Court clarifies the limits of jurisdiction.

Service of Pleadings in Appellate Courts: The Solicitor General's Exclusive Authority

In Salazar v. Romaquin, the Supreme Court clarified that the Solicitor General exclusively represents the People in appellate courts, making service on the Provincial Prosecutor ineffective.

Rape Conviction Upheld Despite Initial Charge of Illegal Detention: Protecting Victims' Rights

The Supreme Court clarifies that a conviction for rape can stand even when the information charged serious illegal detention with rape, protecting victims' rights.

When Judges Err in Good Faith: The Limits of Administrative Liability

Philippine Supreme Court clarifies that judges acting in good faith are not administratively liable for legal errors, but discourtesy to lawyers remains misconduct.

Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases

Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.

Upholding Ethical Conduct Disciplinary Action FOR Attorneys Issuing Worthless Checks

The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming that a lawyer's private misconduct can warrant disciplinary action.

Right to Speedy Disposition of Cases: A Cornerstone of Fair Trial in Philippine Law

The Supreme Court explains the right to speedy disposition of cases and why delays alone do not violate the Constitution.

Desistance Does Not Automatically Dismiss a Disbarment Case Against a Lawyer

A complainant's change of heart does not automatically end a disbarment case. The Supreme Court explains when dismissal is still proper.