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 17017–17040 of 19,062 articles for “up”

Rape Conviction Stands Despite Intact Hymen: Supreme Court on Penetration and Consent

The Supreme Court affirms a father's rape conviction despite an intact hymen, clarifying that full penetration is not required for consummated rape.

Retraction of Witness Testimony and Its Impact on Criminal Convictions

Philippine Supreme Court ruling on how recanted testimony is weighed in criminal cases, using a father's rape conviction as the key example.

Demand to Vacate: What Landlords Must Prove in Philippine Ejectment Cases

Philippine Supreme Court clarifies demand-to-vacate requirements in unlawful detainer cases, ruling on res judicata and landlord rights.

Navigating Reasonable Doubt When Conflicting Testimony Leads to Acquittal in Criminal Conspiracy

When a key witness contradicts himself, reasonable doubt arises. The Supreme Court acquits one accused in a murder case, clarifying conspiracy rules.

Recanted Testimony in Rape Cases: Credibility and Victim Protection

The Supreme Court clarifies how courts evaluate credibility in rape cases, including the role of recanted testimony and medical evidence.

Consent and Credibility in Rape and Forcible Abduction Cases: The Claudio Standard

The Supreme Court acquits in Claudio, stressing that prosecution must prove lack of consent beyond reasonable doubt in rape cases.

Bank Negligence in Clearing Checks: When Depositors Escape Liability

Supreme Court rules banks must follow clearing rules before allowing withdrawals, holding BPI liable for its own negligence in counterfeit check case.

Bank Liability for Negligence in Protecting Depositors in Foreign Currency Transactions

Philippine Supreme Court ruling on bank liability for negligence in foreign currency deposit withdrawals and the duty to protect depositors.

Minority and Murder: How a Minor’s Age Affects the Penalty for Murder in the Philippines

A 17-year-old convicted of murder saw his penalty reduced because of minority. The Supreme Court explains how age affects sentencing.

The Testimony of a Witness With Disabilities: Ensuring Justice and Fair Trial

How the Supreme Court upheld rape convictions based on a deaf-mute victim's credible testimony, affirming that disability does not disqualify a witness.

Rape Conviction Upheld Examining Force Intimidation AND THE Rights OF THE Accused

Balancing Justice and Procedure When Technical Rules Give Way

When a defective notice of hearing cost a man his appeal and his liberty, the Supreme Court showed when technical rules must yield to substantial justice.

Lis Pendens in Co-Development Disputes: Protecting Rights Over Real Property

When can a notice of lis pendens be registered? The Supreme Court clarifies in Viewmaster v. Maulit that co-development claims over land qualify.

Positive Identification and Witness Competency in Rape with Homicide Cases

How the Supreme Court affirmed that a witness with hearing and intellectual impairments can provide credible testimony in rape with homicide prosecutions.

Confirmation of Imperfect Title: Prior Possession of Forest Land Not Counted in 30-Year Requirement

Philippine Supreme Court rules that possession of forest land before its classification as alienable cannot be counted toward the 30-year requirement for confirmation of imperfect title.

Child Rape in the Philippines: What People v. Lomerio Teaches About Credible Testimony

A Philippine Supreme Court ruling on convicting a child rapist on the victim's testimony, the meaning of carnal knowledge, and how aggravating circumstances are weighed.

When Courts May Suspend Ejectment Proceedings: Balancing Possession and Ownership

Philippine Supreme Court explains the narrow exception when an ejectment case may be suspended pending an ownership action, and why equity matters.

Service of Summons on Corporations: Due Process and Jurisdictional Validity

When is service of summons on a corporation valid? The Supreme Court clarifies the rules on proper service, substantial compliance, and jurisdiction.

Orchestrating Death: Conspiracy and Accountability in Murder Cases

A Philippine Supreme Court ruling shows how a hacienda overseer who ordered killings was held liable as a principal under conspiracy doctrine.

Breach of Banking Duty: Bank Liable for Mortgage Fraud Due to Negligence in Identifying Impostors

Philippine Supreme Court holds bank liable for mortgage fraud when it failed to verify impostors' identity, applying the last clear chance doctrine.

Due Process in Labor Appeals: When the NLRC Must Rule on a Motion to Reduce the Appeal Bond

In Coral Point v. NLRC, the Supreme Court ruled that a motion to reduce the supersedeas bond must be resolved before an employer's appeal is dismissed.

Upholding Justice When Procedural Technicalities Give Way to Substantial Rights

A party who participates in irregular trial proceedings without objection cannot later question them to escape an adverse ruling.

Reversion of Fraudulent Land Titles: The State's Right to Reclaim Public Property

The Supreme Court affirms the State's power to revert fraudulently acquired public land, even after the one-year indefeasibility period.

Credibility of Rape Victim's Testimony: The Requisite Standard for Conviction

In rape cases, the victim's credible testimony alone can sustain a conviction. The Supreme Court explains the standard.