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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 16921–16944 of 19,062 articles for “up”

Presumption of Guilt for Possession of Stolen Vehicle: The Duty to Explain

Philippine Supreme Court ruling on how possessing a stolen vehicle creates a presumption of guilt and the accused's duty to explain.

Proving Conspiracy Beyond Reasonable Doubt in Criminal Cases

When does joining a fray make one a conspirator? The Supreme Court clarifies the proof needed to establish conspiracy in criminal cases.

Vicarious Liability: Choosing Between Criminal and Civil Actions in Philippine Law

Philippine Supreme Court clarifies when an employer can be held liable for employee negligence and the rule against double recovery.

When a Guilty Plea Fails: Why Rape Convictions Were Remanded for Rearraignment

The Supreme Court set aside death sentences for rape because the trial court failed to conduct a proper searching inquiry into the guilty plea.

Regular vs Project Employee: Continuous Rehiring and Security of Tenure Under Philippine Labor Law

Philippine Supreme Court ruling on when project employees become regular employees through continuous rehiring, securing tenure under Article 280.

When Heirs Disagree: Judicial Partition Over Administration of an Estate

Philippine Supreme Court ruling explains when courts may convert estate administration proceedings into judicial partition among heirs.

Credibility in Rape Cases: Victim Testimony and Prior Abuse Under Philippine Law

Philippine Supreme Court ruling on rape conviction, victim credibility, and prior sexual abuse as evidence.

Forcible Abduction vs Rape: Distinguishing Intent and Evidence in Sexual Assault Cases

Philippine Supreme Court ruling on People v. Abalde clarifies statutory rape, force, intimidation, and evidence standards in sexual assault cases.

When a Project Employee Becomes Regular: The Imbuido Ruling on Continuous Rehiring

The Supreme Court explains when repeated fixed-term contracts convert a project employee into a regular employee entitled to security of tenure.

Rape, Intimidation, and Resistance: What the Law Requires in the Philippines

Philippine law does not require "tenacious" resistance in rape. A knife threat is intimidation enough. Learn the rules from a Supreme Court ruling.

Conspiracy and Intent: How Philippine Courts Establish Criminal Liability

A Supreme Court ruling clarifies how conspiracy and intent establish criminal liability, and why charging documents must state every qualifying circumstance.

Ethical Conduct Dismissal for Misconduct Stands Despite Complainant's Forgiveness

Philippine Supreme Court rules that administrative cases against court employees continue despite complainant's forgiveness or withdrawal, upholding dismissal for grave misconduct.

Heir Disputes: When Courts Can Order Partition Instead of Estate Administration

Philippine Supreme Court ruling on when heirs may partition an estate without full administration proceedings, and when courts may convert petitions.

Drunkenness and Misconduct: Upholding Ethical Standards in Public Service

A sheriff's habitual drunkenness, AWOL, and illegal firearm possession led to dismissal, reaffirming that public office is a public trust.

Loan or Trust: Resolving Estafa Charges in Investment Disputes

When does a failed investment become estafa? The Supreme Court clarifies the line between a simple loan and a criminal trust agreement.

Self-Defense and Alibi in Philippine Criminal Law: Lessons from People v. Caverte

A look at how the Supreme Court applied self-defense, alibi, treachery, and conspiracy rules in People v. Caverte.

VAT on Services: When "Trade or Business" Does Not Require Profit Motive

Philippine Supreme Court clarifies that VAT applies to services rendered for a fee even without profit motive. Learn the rules.

Treachery in Philippine Criminal Law: The Element of Surprise in Homicide Cases

How the Supreme Court distinguished treachery from a sudden, provoked attack in People v. Caverte, and what it means for murder charges.

Defining the Boundaries of Rape: Penetration vs Attempt in Philippine Law

The Supreme Court clarifies when rape is consummated versus merely attempted, requiring proof of penile entry into the labia.

Robbery With Homicide: Proving Conspiracy and Liability of All Participants

Philippine Supreme Court ruling on robbery with homicide, conspiracy liability, and the penalty of reclusion perpetua when no aggravating circumstances exist.

Self-Defense and Unlawful Aggression: The Limits of Justifiable Force in the Philippines

A Supreme Court ruling clarifies when self-defense applies, when it ends, and why unlawful aggression must be real and ongoing.

Deceptive Recruitment Establishing Guilt Beyond Reasonable Doubt IN Illegal Recruitment AND Estafa

How the Supreme Court upheld a conviction for illegal recruitment in large scale and estafa based on deceptive recruitment schemes.

Oral Partition and Estoppel: When Long-Standing Property Agreements Prevail

Supreme Court ruling on oral partition, estoppel, and long-standing property agreements in Philippine civil law.

Protecting the Vulnerable: Upholding the Testimony of Child Rape Victims in Philippine Law

The Supreme Court affirms a rape conviction based on the credible testimony of a mentally disabled minor, clarifying rules on evidence and procedure.