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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 14665–14688 of 19,062 articles for “up”

Foreclosure Sales: Filing an Appeal Does Not Stop a Writ of Possession

Philippine Supreme Court clarifies that an appeal against a writ of possession in extrajudicial foreclosures does not stay its implementation.

Assignment of Lease and Liability for Rental Arrears: A Philippine Supreme Court Ruling

When a lessee assigns a lease, does the assignee inherit unpaid rentals? The Supreme Court clarifies the rules on subrogation and debtor substitution.

When a Judge's Private Misconduct Becomes a Public Offense: The Aranas Case

The Supreme Court dismissed a judge for an extramarital affair and suspended him from law practice, clarifying ethical standards for judges and lawyers.

When Reckless Imprudence Causes Death: Penalties, Contributory Negligence, and Voluntary Surrender

The Supreme Court clarifies penalties for reckless imprudence resulting in homicide, when contributory negligence matters, and why voluntary surrender may not reduce the sentence.

Surety Bonds and Deficiency Claims: Why Evidence of Demand and Computation Matters

Philippine Supreme Court ruling on suretyship, deficiency claims, and the need for valid demand with clear computation of amounts owed.

Double Jeopardy and Reinstating a Dismissed Criminal Case: What the Supreme Court Says

When can a dismissed criminal case be reinstated without violating double jeopardy? The Supreme Court explains the rules on provisional dismissal.

Sheriff Dereliction of Duty: When Delayed Execution Violates Judicial Mandate

Philippine Supreme Court ruling on sheriffs' ministerial duty to execute writs promptly, with lessons on process server obligations.

Sheriffs Held Accountable for Neglecting Writs of Demolition

Philippine Supreme Court rules sheriffs must implement writs promptly; delays and procedural shortcuts draw fines for dereliction of duty.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

Procedural Rigor vs Substantial Justice: Upholding the Rules of Certiorari

The Supreme Court reminds litigants that procedural rules, including Rule 65 requirements, cannot be ignored even in cases with substantial merit.

Upholding Notarial Duties: Consequences for Improper Document Acknowledgment

A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.

Accountability for Conspiracy: Identifying Active Roles in Homicide Cases

A Supreme Court ruling explains how conspiracy in homicide is proven and why all participants share equal liability for the crime.

Dismissal for Illness: Employer Must Prove Disease Grounds and Due Process

Philippine Supreme Court ruling on when an employer may validly terminate an employee due to disease, and the separation pay owed.

Misrepresentation and Estafa: When Silence Isn't Golden in Property Sales

Philippine Supreme Court ruling on estafa under Article 316(2) RPC, the need for express misrepresentation, and civil liability for bad faith sales.

Mortgage Foreclosure Estoppel Prevents Claimants From Denying Prior Actions

Philippine Supreme Court ruling on how estoppel bars property claimants from questioning a mortgage foreclosure after prior inconsistent acts.

Breach of Contract: GSIS Liable for Failure to Return Title Despite Absence of Bad Faith

Philippine Supreme Court holds GSIS liable for breach of contract for failing to return a property title, even without bad faith. Learn the legal rules.

When Is a Deed of Sale Actually a Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of absolute sale may be presumed an equitable mortgage under Article 1602 of the Civil Code.

When a Sale Is Not an Equitable Mortgage: Lessons from Molina v. Flores

The Supreme Court explains when a deed of sale is a true sale and not an equitable mortgage, and why courts respect written contracts.

Co-Equal Court Rule: When a Spouse Cannot File a Separate Case to Nullify a Levy

Philippine Supreme Court explains why a spouse cannot file a separate case to nullify a levy made by a co-equal court, and when third-party claims apply.

Expiration of Redemption Rights: Failure to Consign Full Payment Voids Repurchase of Unregistered Land

Philippine Supreme Court ruling on why a defective consignation fails to redeem property sold with right to repurchase, and the risks of buying unregistered land.

False Promises, Broken Dreams: Illegal Recruitment and the Pursuit of Overseas Work

Illegal recruitment in large scale is a crime of economic sabotage. A Supreme Court ruling shows how false promises of jobs abroad destroy dreams.

Mortgage Release: Full Payment Trumps Bank's Restructuring Claim

Full payment of a loan obliges a bank to release the mortgage. The Supreme Court clarifies when a bank's restructuring claim fails.

Clerks of Court Cannot Charge Fees for Receiving Ex Parte Evidence

Supreme Court rules clerks of court cannot collect commissioner's fees for receiving ex parte evidence; reprimand issued in A.M. No. P-02-1594.

Treachery Defined: The Element of Surprise in Philippine Murder Cases

How the Supreme Court defined treachery in murder cases, requiring sudden, unexpected attack that leaves the victim unable to defend.