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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 14353–14376 of 19,062 articles for “up”

Patent Infringement and the Doctrine of Equivalents: Beyond Literal Claim Language

Philippine Supreme Court explains when the doctrine of equivalents applies in patent infringement cases, using Smith Kline Beckman v. Tryco Pharma as guide.

Public vs Private Funds: Defining AFP-RSBS and the Reach of Anti-Graft Laws

The Supreme Court clarifies when military pension funds are public funds, affecting Sandiganbayan jurisdiction over graft cases.

Oral Extrajudicial Confession Alone Cannot Prove Guilt Beyond Reasonable Doubt

Supreme Court acquits accused in robbery with homicide case, ruling an uncorroborated oral extrajudicial confession is insufficient to prove guilt beyond reasonable doubt.

Possession vs Ownership: How Courts Decide Land Disputes in the Philippines

Philippine Supreme Court explains when possession, not ownership, decides land disputes—and why evidence quality matters more than quantity.

Treachery vs. Evident Premeditation: Distinguishing Murder and Rape in Philippine Law

Learn how the Supreme Court distinguished treachery from evident premeditation in murder, and why charging documents matter in rape cases.

Challenging NTC Rules: Courts, Not Just Agencies, Can Hear Validity Cases

Supreme Court ruling clarifies that courts have jurisdiction to review NTC regulations issued under quasi-legislative power, without exhausting administrative remedies.

Upholding Attorney Accountability Disciplinary Action FOR Neglect OF Duty AND Deceit

Philippine Supreme Court ruling on lawyer discipline for neglect of duty and deceit, emphasizing ethical standards and client protection.

Equity Powers Ensuring Fairness in Contract Rescission Despite Procedural Gaps

Philippine Supreme Court ruling on how courts may order deposit of funds during rescission cases to prevent unjust enrichment.

Tax Exemption for Educational Institutions: The Actual, Direct, and Exclusive Use Rule

Philippine Supreme Court clarifies that tax exemption for educational institutions requires actual, direct, and exclusive use of property, and that disputes must first go through administrative remedi

When a Search Warrant Fails: Probable Cause in Illegal Firearm Cases

Philippine Supreme Court explains why a search warrant for illegal firearms was void—no probable cause on lack of license—and seized items inadmissible.

Acquisitive Prescription vs Succession: How Heirs Keep Land Ownership in the Philippines

Philippine Supreme Court explains when prescription and laches cannot defeat inheritance rights over family land.

Bouncing Checks and the Limits of Criminal Liability Under BP 22

The Supreme Court clarifies when payment before notice of dishonor acquits a drawer, and the fine limits under BP 22.

Rape Conviction Upheld Despite Inconsistencies in Victim's Testimony

Philippine Supreme Court affirms rape conviction, explaining why minor inconsistencies in testimony don't destroy credibility and what constitutes carnal knowledge.

Judicial Employee Misconduct: Court Integrity Hinges on Proper Conduct

A Supreme Court ruling on court employees accepting money outside their duties, and why proper conduct upholds judicial integrity.

Upholding Impartiality: The Supreme Court on Fair Case Raffling and Judicial Integrity

The Supreme Court affirms COA's ban on auditors receiving local government allowances, preserving audit independence and integrity under RA 6758.

Upholding Judicial Efficiency: Judges Must Observe Session Hours and Avoid Unnecessary Delays

Supreme Court admonishes judge for absenteeism and delays, reaffirming strict session hours and prompt case disposition as judicial duties.

Rape in Philippine Law: Why Full Penetration Is Not Required

The Supreme Court ruled that the slightest entry of the male organ into the labia consummates rape, and that age in statutory rape must be strictly proven.

Fiduciary Duty and Accountability: The Consequences of Violating Court Circulars on Fund Management

A clerk of court who released a bail bond without a written court order was fined for violating Supreme Court Circular No. 50-95.

Buy-Bust Operations and Proving Illegal Drug Sales Beyond Reasonable Doubt

The Supreme Court explains how prosecution can prove illegal drug sales beyond reasonable doubt in buy-bust operations, and why frame-up defenses often fail.

Rape Credibility of a Minor Victim and the Defense of Impotency

In People v. Manahan, the Supreme Court upheld a rape conviction of a 12-year-old girl, ruling on witness credibility, delayed reporting, and the defense of impotency.

Illegal Dismissal: Full Back Wages Despite Subsequent Employment

Philippine Supreme Court ruling: illegally dismissed employees get full back wages, even if they found other work during the dismissal period.

Presidential Authority to Reorganize Government Agencies: Balancing Efficiency and Employee Rights

The Supreme Court explains when the President may validly reorganize executive agencies and what protections employees retain during streamlining.

Rape Conviction Upheld: Victim Credibility, Threats, and Intimidation in Philippine Law

Philippine Supreme Court affirms rape conviction, explaining why a victim's credible testimony and threats of death outweigh claims of normal behavior.

Forged Signatures and Faulty Sales: Protecting Spousal Rights in Property Transfers

A forged deed by a married man without his wife's consent is void; buyers must verify occupancy before purchasing property.