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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 16993–17016 of 19,062 articles for “up”

Upholding Judicial Integrity: Dismissal for Conduct Unbecoming a Judge

Philippine Supreme Court ruling on when a judge's dismissal of criminal cases constitutes grave abuse of discretion.

Interpleader Actions: Procedure, Jurisdiction, and the Proper Remedy for Dismissal

Philippine Supreme Court clarifies interpleader procedure, jurisdiction, and why dismissal orders must be appealed, not challenged via certiorari.

Reckless Imprudence in Vehicular Accidents: Negligence and Penalty Rules

Philippine Supreme Court ruling on reckless imprudence in vehicular accidents, explaining negligence standards, proximate cause, and penalty imposition under Article 365.

Self-Defense and Unlawful Aggression: The Boundaries of Justifiable Force

When does a person have the right to use force to defend oneself? The Supreme Court clarifies the limits of self-defense in People v. Gaviola.

Lis Pendens and Oral Partition: Protecting Property Rights in Real Estate

Explaining how the Supreme Court upheld an oral partition and quitclaims, clarifying quieting of title and property rights.

Pacto de Retro Sale: Consolidation of Ownership and the Judicial Order Requirement

Philippine Supreme Court explains when a judicial order is needed to consolidate ownership in a pacto de retro sale, and when it is not.

Protecting Innocence: The Supreme Court's Stance on Child Rape and Child Witness Testimony

A five-year-old rape victim's testimony can convict. The Supreme Court explains child witness credibility and the death penalty for child rape.

Judicial Independence vs Executive Influence: Striking the Balance in Criminal Case Dismissal

When can a judge dismiss a criminal case on the prosecutor's recommendation? The Supreme Court clarifies the limits of judicial discretion.

Upholding Employers Right Valid Dismissal Based ON Loss OF Trust AND Confidence IN Safety Sensitive Roles

When can an employer validly dismiss a managerial employee for loss of trust and confidence? The Deles case explains the rule.

Clerks of Court Must Strictly Follow Rules on Handling Court Funds

Supreme Court reminds clerks of court and judges of strict rules on handling court funds, citing a case of suspension and fine for violations.

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

Philippine Supreme Court ruling explains how courts distinguish entrapment from frame-up in drug cases, and why buy-bust operations must be proven beyond reasonable doubt.

Agrarian Jurisdiction Ownership Disputes Fall Outside Darabs Purview

DARAB lacks jurisdiction over pure ownership disputes between parties with no tenurial relationship, as clarified by the Supreme Court.

Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained

Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.

Circumstantial Evidence in Robbery With Homicide: When Conviction Stands Beyond Reasonable Doubt

The Supreme Court explains when circumstantial evidence suffices to convict for robbery with homicide, and why flight and unexplained absence signal guilt.

Intoxication and Criminal Liability: Lessons from People v. Acaya

The Supreme Court clarifies how intoxication affects criminal liability, treachery, and penalties in a Philippine homicide case.

Positive Identification Prevails Over Alibi in Ambush Case: The Ditche Decision

In Ditche v. Court of Appeals, the Supreme Court affirmed that positive identification by credible eyewitnesses outweighs the weak defense of alibi.

When Murder Becomes Homicide: The Acaya Case on Treachery and Credibility

The Supreme Court explains when a killing is homicide, not murder, and how courts weigh witness credibility and physical evidence.

Rape by Induction: Establishing Guilt Beyond Reasonable Doubt in Philippine Law

Philippine Supreme Court explains how a person who induces another to commit rape can be held liable as a principal by induction.

Delayed Baggage Claims: When Airlines Avoid Moral and Exemplary Damages

Philippine Supreme Court ruling on when delayed baggage delivery triggers only limited damages, not moral or exemplary awards.

Protecting the Vulnerable: Rape of a Person with Mental Deficiencies and Victim Credibility

The Supreme Court affirms rape conviction where the victim has mild mental retardation, clarifying that mental deficiency does not undermine credibility.

Rape Conviction and the Importance of Specific Allegations: People v. Bayona

The Supreme Court reduced a father's death sentence for rape to reclusion perpetua because the informations failed to allege his relationship to the victim.

Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage

Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.

Judicial Efficiency Mandate: Prompt Resolution of Court Matters and Accountability for Delays

Philippine Supreme Court ruling on judges' duty to resolve matters promptly, with accountability for delays in court administration.

Speedy Disposition of Cases: Balancing Individual Rights and Public Justice in Preliminary Investigations

The Supreme Court clarifies that the right to speedy disposition of cases is flexible, requiring a balancing test that weighs individual rights against public justice.