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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.

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Showing 3769–3792 of 19,036 articles for “up”

Ombudsman's Discretion in Evaluating Criminal Complaints: Key Lessons from Espaldon v. Buban

The Supreme Court clarifies that the Ombudsman's discretionary dismissal under Section 20 of R.A. 6770 applies only to administrative, not criminal, complaints.

Electricity Disconnection: Utility's Duty to Inspect and Provide Notice

When can a distribution utility disconnect electric service? The Supreme Court clarifies the duty to inspect meters and give proper notice.

Unlicensed Contractors and Unfulfilled Promises: Recouping Losses From Defective Renovations

Learn how Philippine law treats defective renovation work by unlicensed contractors and the remedies available to homeowners seeking compensation.

Kidnapping and Serious Illegal Detention: Victim's Testimony as Primary Evidence

In People v. Fajardo, the Supreme Court ruled that a victim's credible testimony alone can convict kidnappers, even without confessions.

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

Child Abuse Conviction for Lascivious Acts Against a Minor Under RA 7610

The Supreme Court clarifies when lascivious acts against a child constitute child abuse under RA 7610, not just acts of lasciviousness.

Affidavit of Recantation: When Does It Reverse a Conviction

The Supreme Court explains when a complainant's recantation can overturn a conviction and why courts view retractions with suspicion.

When Legal Interest Begins on Construction Claims: Lessons from Yamauchi v. Suñiga

The Supreme Court clarifies when 6% legal interest accrues on construction damage awards and how courts determine temperate damages.

Reasonable Doubt in Drug Cases: The Three-Witness Rule and Chain of Custody

Supreme Court acquits drug suspect over broken chain of custody and missing witnesses—explaining Section 21, RA 9165 requirements.

Third Party Interference: Protecting Exclusive Distributorship Rights in the Philippines

The Supreme Court clarifies when third parties can be liable for interfering with exclusive distributorship contracts under Philippine law.

Freedom TO Travel Safeguarding Constitutional Rights Against Administrative Overreach

The Supreme Court strikes down DOJ Circular No. 41 for infringing the constitutional right to travel, reaffirming that only law, not administrative fiat, may restrict it.

Speedy Disposition of Cases: Balancing Rights and Preventing Unjustified Delays

The Supreme Court clarifies when delay violates the right to speedy disposition, using the balancing test to weigh prosecution conduct and accused's actions.

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Sheriffs Overreach: Defining the Boundaries of Official Duty and Ethical Conduct

A Supreme Court ruling clarifies when a sheriff's actions exceed official duty, imposing administrative liability for abuse of authority.

Dropping From THE Rolls Upholding Accountability IN Public Service Through Removal FOR Unexcused Absences

Psychological Incapacity in Marriage: Proving the Burden for Annulment

The Supreme Court clarifies the burden of proof for annulment based on psychological incapacity under Article 36 of the Family Code.

Compromised Integrity: Navigating the Chain of Custody in Drug Cases

The Supreme Court acquits a drug suspect over unjustified lapses in the chain of custody, underscoring strict compliance with Section 21 of RA 9165.

Judicial Efficiency vs Personal Hardship: Striking a Balance in Administrative Liability

The Supreme Court clarifies when personal hardships can and cannot excuse a judge's delay in deciding cases, imposing a P15,000 fine for gross inefficiency.

How Philippine Courts Assess Credibility and Consent in Rape Cases

A look at how the Supreme Court evaluates witness credibility, consent, and damages in rape convictions, using People v. Bugna.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Defense of Relatives and Unlawful Aggression in Philippine Criminal Law

The Supreme Court clarifies when defense of relatives justifies a killing and why unlawful aggression is its indispensable requirement.

Breach of Trust Defining Qualified Rape in Familial Abuse Cases

A Supreme Court ruling clarifies when a father's rape of a minor daughter constitutes qualified rape, carrying the penalty of reclusion perpetua.

Diminished Liability Distinguishing Homicide From Murder Based ON Proof OF Superior Strength

The Supreme Court explains when the qualifying circumstance of abuse of superior strength applies—and when it does not.

Supreme Court Upholds Strict Rules on Certiorari Petitions in Labor Cases

Learn how the Supreme Court enforces strict rules on certiorari petitions and what this means for legal practitioners and clients.