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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 4273–4296 of 19,038 articles for “up”

Dying Declarations and Abuse of Superior Strength: Homicide, Not Murder, in People v. Santillan

The Supreme Court clarifies when a dying declaration is admissible and when numerical superiority does not amount to abuse of superior strength.

When a Judge's Business Dealings Amount to Conduct Unbecoming a Judge

The Supreme Court fined a judge P5,000 for selling rice to court employees, ruling it violated judicial conduct rules on financial dealings.

Curfew Laws and Minors' Rights: Balancing State Protection and Individual Freedoms

The Supreme Court upholds juvenile curfew ordinances in Quezon City, Manila, and Navotas, balancing state protection with minors' rights.

Hierarchy of Courts and Locus Standi When Constitutional Issues Override Procedural Rules

Explaining when the Supreme Court allows direct petitions despite the hierarchy of courts and relaxed standing rules in constitutional cases.

PD 242 and Intra-Government Tax Disputes: Who Decides When BIR Faces Another Agency?

Supreme Court clarifies that PD 242 governs disputes solely between government entities, giving the DOJ Secretary jurisdiction over BIR-PSALM VAT cases.

Just Compensation and Landowner Rights Beyond DAR Valuation in Agrarian Reform

The Supreme Court clarifies that courts, not administrative agencies, have final say on just compensation for agrarian reform lands.

Historical Truth vs National Reconciliation: The Supreme Court Ruling on Marcos' Libingan ng mga Bayani Burial

The Supreme Court upheld President Duterte's decision to bury Ferdinand Marcos at the Libingan ng mga Bayani, ruling it a political question beyond judicial review.

When Banks Can Refuse Payment: B.P. 22 and Bank Closure in Cu v. SB Corp.

Supreme Court ruling on B.P. 22 liability when a bank is closed by the Monetary Board and placed under PDIC receivership.

Prior Possession Prevails in Forcible Entry: Key Lessons from Spouses Fahrenbach v. Pangilinan

The Supreme Court explains why prior physical possession, not ownership, decides forcible entry cases, and why tacking possession does not apply.

Illegitimate Children’s Rights: Mother’s Surname and Parental Authority in the Philippines

The Supreme Court clarifies that illegitimate children use their mother’s surname and are under her sole parental authority, voiding a father’s unilateral birth registration.

Seafarers Disability Claims: Proving the Link Between Work Conditions and Illness

Explaining the Supreme Court's ruling in Atienza v. Orophil Shipping on work-relatedness, compensability, and the 120-day rule for seafarers' disability claims.

Compromised Chain of Custody Safeguarding Rights in Drug Cases

When police break the chain of custody in drug cases, the Supreme Court will acquit. Learn the rules from People v. Ceralde.

Insurance Subrogation: Establishing Insurer's Rights Against Third-Party Carriers

Philippine Supreme Court clarifies when insurers can recover from carriers via subrogation, and when presenting the insurance policy is required.

Sheriff's Duty to Properly Handle and Liquidate Funds in Court-Ordered Actions

Philippine Supreme Court clarifies sheriffs must deposit execution expenses with the Clerk of Court, not receive direct payments.

Barangay Conciliation Residency Requirements FOR Filing Court Cases IN THE Philippines

Understand the residency requirements for barangay conciliation before filing court cases in the Philippines, explained through a recent Supreme Court ruling.

Tax Sale Deposit Rule: When Section 267 of the Local Government Code Does Not Apply

Supreme Court clarifies when the Section 267 deposit requirement for tax sale challenges does not apply, remanding Beaumont case for trial.

Seafarer Disability Claims and the 240-Day Rule: What the Supreme Court Says

Learn how the 240-day rule and medical assessments shape seafarer disability claims under Philippine law.

Proving Land Ownership: Registration, Possession, and Government Approval

The Supreme Court clarifies what it takes to register public land: proof of possession since 1945 and DENR Secretary-approved classification.

Breach of Contract of Carriage: When Moral Damages Require Fraud or Bad Faith

Philippine Supreme Court clarifies when injured bus passengers may recover moral damages for breach of contract of carriage—only upon proof of fraud or bad faith.

Dismissal for Misconduct: When Employee Disrespect Justifies Termination

Explaining when an employee's disrespectful conduct toward a superior constitutes serious misconduct justifying dismissal under Philippine labor law.

Chain of Custody Imperative: Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect, underscoring that strict compliance with Section 21, RA 9165 is vital to preserve evidence integrity.

Homeowners Association Elections: Clarifying Final Judgments and Upholding Order

Supreme Court explains when a final judgment may be clarified in homeowners association election disputes, upholding the Office of the President's clarificatory resolution.

Burden of Proof in Illegal Dismissal: Employer's Duty vs. Security Guard's Claim

Who bears the burden of proof in illegal dismissal cases? The Supreme Court clarifies the rules on voluntary resignation vs. constructive dismissal.

Vicarious Liability: When Employers Are Liable for Employee Torts

Philippine Supreme Court clarifies when employers are vicariously liable for employee torts under Article 2180, and how due diligence in selection and supervision can defeat liability.