From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 14401–14424 of 19,287 articles for “eme”

Moral Ascendancy in Incestuous Rape: How a Father's Power Overcomes a Victim's Will

The Supreme Court explains why moral ascendancy, not just physical force, overcomes a victim's will in incestuous rape cases.

Treachery in Philippine Law: When a Sudden Attack Becomes Murder

The Supreme Court explains how a sudden, unexpected attack from behind constitutes treachery, qualifying a killing as murder under Philippine law.

Summons Served Court Jurisdiction Established Despite Procedural Flaws

Philippine Supreme Court clarifies when defective summons service still gives courts jurisdiction over defendants, and when default orders are improper.

Co-Ownership Rights: Possession and Rent Obligations Under Philippine Property Law

Philippine Supreme Court clarifies co-owner rights to possession and rent before partition, citing Civil Code provisions in De Guia v. Abejo.

Abandonment vs Illegal Dismissal: Protecting Employee Rights in the Philippines

When does absence become abandonment? The Supreme Court clarifies the rules on illegal dismissal and employee rights in Samar ca v. Arc-Men Industries.

Lost Cargo Liability: Fire Does Not Excuse Common Carrier's Negligence

Philippine Supreme Court rules fire is not an exempting cause under the Civil Code, holding carriers liable for lost cargo.

Self-Defense in Philippine Law: When Killing a Brother Is Justifiable Homicide

The Supreme Court explains when killing in self-defense is justified under Philippine law, using the Cano brothers' fatal confrontation as a case study.

Regulating Monopolies in Public Transportation: Balancing Public Interest and Free Enterprise

The Supreme Court upholds LTFRB's two-group insurance system for PUVs, ruling that regulated monopolies are allowed when public interest requires.

When a Deed of Sale Is Really an Equitable Mortgage: Cruz v. Cruz

The Supreme Court explains when a purported deed of sale is actually an equitable mortgage, protecting borrowers from losing property for a fraction of its value.

Stepfather’s Deceit: Defining Rape and Protecting Children Under Philippine Law

A Supreme Court ruling clarifies that slightest penile penetration consummates rape, and digital penetration is sexual assault.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending

When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.

Neglect of Duty: Accountability for Process Servers in the Philippine Judiciary

A Supreme Court ruling clarifies the difference between simple and gross neglect of duty for court process servers, and the limits of executive judges' disciplinary powers.

Donation Propter Nuptias Under the Old Civil Code: Acceptance Not Required for Validity

Supreme Court explains why donations by reason of marriage under the Old Civil Code need no formal acceptance, and why the action to annul the title prescribed.

Upholding Legal Ethics: Dishonoring Checks as Attorney Misconduct

A Supreme Court ruling shows how a lawyer's dishonored checks for hospital bills constitute grave misconduct warranting suspension from practice.

Loan Agreements and Real Estate Mortgages: The Necessity of Actual Fund Transfer

A loan is perfected only upon actual delivery of funds. Checks that are never cashed do not complete a loan or its mortgage.

Exhaustion of Judicial Remedies Before Administrative Complaints Against Judges

Philippine doctrine: administrative complaints against judges for unjust judgments require prior exhaustion of judicial remedies like appeal or certiorari.

Judicial Efficiency Sanctions for Undue Delay in Resolving Pending Motions

The Supreme Court fined a judge P5,000 for a 20-month delay in resolving motions, reaffirming that prompt disposition is a judicial duty.

Weaponizing Intimacy: Rape With a Firearm and the Limits of the Sweetheart Defense

The Supreme Court affirms a rape conviction despite the sweetheart defense, ruling that intimacy never justifies sexual violence with a deadly weapon.

Buy-Bust Operations and the Presumption of Regularity in Drug Cases: People v. Lee Hoi Ming

The Supreme Court upheld a shabu conviction in People v. Lee Hoi Ming, affirming how buy-bust operations and the presumption of regular police duty work in drug cases.

Credibility of Rape Victim's Testimony Can Sustain Conviction Without Corroborating Medical Evidence

Philippine Supreme Court ruling explains why a rape victim's credible testimony alone can convict, even without corroborating medical evidence.

Res Gestae Exception: Admissibility of Spontaneous Statements in Philippine Homicide Cases

Learn how the Supreme Court applied the res gestae exception to admit a victim's spontaneous statement identifying his assailant in a homicide case.

Rape Conviction and Penalties Under RA 8353: Lessons from People v. Olaybar

The Supreme Court clarifies statutory rape and sexual assault penalties, and the evidentiary weight of a child victim's testimony.

Parental Authority vs Child's Rights: Rape by a Father and the Limits of Criminal Allegations

Father convicted of raping his 14-year-old daughter twice; Supreme Court affirms guilt but reduces death penalty to reclusion perpetua for procedural defects in the information.

When Authority Restrains Defining Arbitrary Detention IN THE Philippines

The Supreme Court clarifies that mere employees cannot be held liable for illegal recruitment absent proof of knowledge and active participation.