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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 4657–4680 of 19,038 articles for “up”

Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights

Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.

Defining the Employer: Supreme Court Clarifies Independent Contractor vs Labor-Only Contracting

Supreme Court clarifies when a manpower agency is a true independent contractor and when the principal becomes the real employer.

Independent Contractor vs Labor-Only Contractor: Who Is the True Employer in Philippine Law?

The Supreme Court clarifies when a manpower agency is a true independent contractor and when a principal becomes liable as employer.

When a Corporation Sues Without Board Authority: The Real Party-in-Interest Rule

A corporation can only sue through its board of directors. The Supreme Court explains why an unauthorized complaint gets dismissed.

Maintaining the Status Quo: Upholding Preliminary Injunctions in Property Disputes

Learn when courts uphold preliminary injunctions in property disputes and why challenging final judgments through annulment of court processes fails.

Punctuality and Honesty: Upholding Integrity in the Philippine Judiciary

A murder conviction upheld on eyewitness testimony, clarifying treachery, conspiracy, and damages in Philippine criminal law.

Rehabilitation for Defaulting Corporations Upholding Economic Recovery

The Supreme Court clarifies that corporations in default may still seek rehabilitation under the Interim Rules, promoting economic recovery.

When Silence Isn't Golden: The Perils of Unchallenged Eyewitness Testimony in Murder Convictions

A Supreme Court ruling shows how unchallenged eyewitness testimony can seal a murder conviction, and why defense lawyers must test it.

Reinsurance and Attachment Bonds: Upholding Surety Validity Beyond Retention Limits

Supreme Court clarifies that attachment bonds exceeding a surety's retention limit remain valid when the excess is reinsured, explaining reinsurance contracts.

Quorum Quagmire: Can Non-Unit Owners Decide a Condo's Fate?

Supreme Court rules on quorum in condo meetings, membership of owner-developers, and who can sit on the board.

Beyond Words: The Limits of Free Speech in Workplace Dismissal Cases

When does an employee's insulting remark justify dismissal? The Supreme Court clarifies the line between serious misconduct and a momentary lapse.

Upholding Notarial Integrity: Consequences for False Certifications in the Philippines

A Supreme Court ruling on a lawyer permanently barred from notarial commission for notarizing without the party's presence, and what it means for notaries.

Dismissal for Gross Ignorance of Law: Upholding Ethical Standards in the Judiciary

A judge's dismissal from service for gross ignorance of the law in a hazing case, and what it means for judicial accountability.

Sheriff's Misconduct Leads to Dismissal for Unremitted Judgment Funds

The Supreme Court dismissed a sheriff for grave misconduct after he withheld P100,000 in collected judgment debt, reaffirming strict accountability for court officers.

Notarizing Without the Signatory: When a Lawyer's Carelessness Leads to a Permanent Notarial Ban

A lawyer who notarized a petition while the signatory was abroad was permanently barred from notarial commission. The Supreme Court explains why.

Insufficient Evidence Correcting Land Title Areas Requires More Than DENR Certifications

Correcting a land title's area needs competent evidence, not just DENR certifications. The Supreme Court explains the rules.

When a University President Is a Corporate Officer: Jurisdiction Over Dismissal Cases

The Supreme Court clarifies when a dismissed corporate officer's case belongs to regular courts, not labor tribunals, in Wesleyan University-Philippines v. Maglaya.

Union Registration Misrepresentation and Managerial Employees: Key SC Ruling

The Supreme Court clarifies when misrepresentation can cancel a union's registration and how managerial employee status affects labor union rights.

Double Sale of Land: Good Faith and Prior Registration Under Philippine Law

Philippine Supreme Court clarifies double sale rules: good faith and registration determine ownership of land sold twice.

Burden of Proof in Firearm-Related Murder: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on proving unlicensed firearm use in murder cases and the prosecution's burden of proof.

Accretion vs. Reclamation: Philippine Supreme Court Rules on Artificial Land Claims

Philippine Supreme Court clarifies that artificially filled land is not accretion under Article 457, settling ownership disputes over man-made extensions.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Security of Tenure for OFWs: Why Illegal Dismissal and Void Contracts Matter

A Supreme Court ruling affirms that overseas Filipino workers enjoy security of tenure, and contracts violating this right are void.

Corporal Punishment vs Child Abuse: Where Philippine Law Draws the Line

The Supreme Court clarifies when disciplining a child crosses into child abuse under RA 7610, using a whipping case as the benchmark.