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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 15697–15720 of 19,062 articles for “up”

Double Jeopardy Bars Prosecution Appeal to Increase Penalty After Conviction

Philippine Supreme Court rules prosecution cannot appeal to increase a convicted accused's penalty—doing so violates the constitutional right against double jeopardy.

Behest Loans, Prescription, and Ombudsman Discretion in Anti-Graft Cases

The Supreme Court clarifies the discovery rule for behest loan offenses and the Ombudsman's broad discretion to dismiss complaints lacking probable cause.

Chattel vs Real Property: How Mortgage Classification Affects Foreclosure Rights

Philippine Supreme Court ruling on when machinery is chattel or real property, and why classification determines what a mortgage covers.

Premature Execution Judgment Required Before Enforcing Court Orders

Philippine Supreme Court rules that a writ of execution requires a final judgment, voiding premature enforcement in David v. Velasco.

Premature Execution: Why a Writ Without Final Judgment Is Void

Philippine Supreme Court clarifies that a writ of execution requires a final judgment. Learn from David v. Velasco why premature enforcement is void.

Transporting Illegal Drugs Knowledge IS NOT Required FOR Conviction

The Supreme Court clarifies that transporting illegal drugs is malum prohibitum—knowledge of the drugs is not required for conviction.

Burden of Proof in Customs Forfeiture Cases: The Requirement of Actual Fraud

Philippine Supreme Court clarifies that customs forfeiture requires proof of actual fraud, not mere negligence or honest mistake.

When a Guilty Plea in a Rape Case Fails: The Searching Inquiry Requirement

The Supreme Court vacated a death sentence because the trial court failed to conduct a searching inquiry into a guilty plea. Learn the mandatory rules.

Perfecting Stock Transfers: Delivery and Indorsement Are Key to Ownership

Philippine Supreme Court clarifies that a deed of assignment alone does not transfer stock ownership—delivery and indorsement of certificates are essential.

Surety's Solidary Liability: The True Extent of Guarantees in Philippine Law

Philippine Supreme Court clarifies when a "guarantee" becomes a suretyship, making the surety solidarily liable with the principal debtor.

Eyewitness Testimony and Conspiracy in Murder: Lessons from People v. Aquino

The Supreme Court affirms murder convictions based on credible eyewitness identification and conspiracy, explaining when alibi fails and how treachery is proven.

Fixed-Term Contracts and Permanent Status for Private School Teachers

A fixed-term contract does not by itself make a private school teacher permanent. The Supreme Court explains when tenure actually attaches under the Manual of Regulations.

Positive Identification Trumps Alibi in Murder Conviction of Sleeping Victim

Supreme Court affirms murder conviction, ruling that credible eyewitness identification prevails over alibi and denial in Philippine criminal law.

Lifting Default Orders: Balancing Justice and Timeliness in Land Registration

Philippine Supreme Court ruling on when courts may lift a general default order in land registration cases, requiring proof of fraud, accident, or excusable neglect.

Rape Conviction Upheld: Force and Intimidation in Consensual Relationships

The Supreme Court affirms rape convictions, ruling that force and intimidation are relative and can exist even without a weapon, especially when the victim is young and alone.

Conspiracy and the Absence of Self-Defense: Collective Criminal Liability in Group Attacks

Philippine Supreme Court ruling on conspiracy, self-defense claims, and collective liability in group attacks resulting in murder.

Protecting Innocent Mortgagees: Good Faith and Reliance on Torrens Titles in the Philippines

Philippine Supreme Court ruling on how innocent mortgagees who rely on Torrens titles are protected, even when the mortgagor's title was fraudulently obtained.

Positive Identification Trumps Weak Defenses in Homicide Conviction

Learn how the Supreme Court distinguished homicide from robbery with homicide, and why positive identification defeated weak defenses in this Philippine case.

When Church Expulsions Bind Civil Courts: The Finality Rule in Religious Corporation Disputes

Philippine Supreme Court ruling on religious corporation member expulsions, due process, and the binding effect of final SEC decisions.

Attorney Negligence Upholding Diligence AND Accountability IN Legal Representation

A lawyer's failure to file an appellant's brief led to a one-year suspension, reinforcing the duty of diligence in legal representation.

Laches and Land Registration: When Delay Bars Legal Recourse in Property Disputes

The Supreme Court explains how laches can bar a party from attacking a land registration decree, even on jurisdictional grounds.

Robbery With Rape and Forcible Abduction: Lessons From People v. Napud

A 2001 Supreme Court ruling explains why the absence of physical injuries does not defeat a rape charge, and how robbery with rape is punished.

Compromise Agreements Upholding Party Autonomy IN Contract Disputes

Philippine Supreme Court clarifies that rescission of a contract for sale of real property requires judicial or notarial act, not mere letter.

Rape and Robbery Conviction: Victim Testimony and Penalties for Heinous Crimes

Philippine Supreme Court ruling on rape and robbery with rape, victim testimony credibility, alibi defense, and penalties under RA 7659.