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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 481–504 of 529 articles for “erc”

Substitution of Plaintiff Denied: Why Counterclaims Matter in Philippine Civil Procedure

A look at Ang Kek Chen v. Judge Andrade and the rules on substitution of parties and counterclaims in Philippine civil procedure.

Supreme Court on Online Psychological Abuse Under RA 9262 and Cybercrime Law

The Supreme Court affirms a conviction for online psychological abuse under RA 9262 and raises the penalty for using social media under RA 10175.

Enforcing Foreign Judgments in the Philippines: Lessons from Oil and Natural Gas Commission v. Pacific Cement

A Philippine Supreme Court case clarifies when foreign judgments are enforceable and how courts interpret arbitration clauses in commercial contracts.

Paraphernal vs Conjugal Property: How Cadastral Court Findings Settle Ownership

A final cadastral court finding that a wife inherited land overcomes the presumption of conjugal property, the Supreme Court rules.

Piercing the Corporate Veil: When Parent Companies Face Liability for Subsidiary Labor Claims

Philippine Supreme Court explains when courts may disregard corporate fiction and hold related companies liable for labor violations.

Navigating Buy-Bust Operations in the Philippines: Rights and Repercussions

Learn how Philippine courts view buy-bust operations, the rules on arrest and evidence, and what the Sy Bing Yok case means for drug charges.

When Can a Claim Be a Compulsory Counterclaim? Lessons from Yulienco v. Court of Appeals

Philippine Supreme Court explains when a claim must be raised as a compulsory counterclaim, and when separate suits are allowed.

Hulidap Defense in Philippine Drug Cases: Why It Usually Fails

The Supreme Court explains why the "hulidap" defense rarely succeeds in drug cases and what accused persons must prove to overcome it.

Exercising Your Option to Purchase: Timeliness and Good Faith in Philippine Lease Contracts

Philippine Supreme Court ruling on option-to-purchase clauses in lease contracts, timeliness of exercise, good faith, and fair market value pricing.

Dismissal for Willful Disobedience: When Managerial Discretion Has Limits

Philippine Supreme Court clarifies when a managerial employee's exercise of discretion becomes willful disobedience justifying dismissal.

Grave Coercion vs. Illegal Detention: How Intent Shapes Philippine Criminal Liability

Philippine law distinguishes grave coercion from illegal detention by the accused's intent. Learn how the Supreme Court applies this test.

Grave Abuse of Discretion in Philippine Courts: When Certiorari Overcomes Lapsed Appeals

Explaining Bachrach v. Court of Appeals: when res judicata does not bar a separate action, and when certiorari may proceed despite a lapsed appeal.

Positive Identification Overcomes Alibi in Murder Conviction of Prison Inmates

Supreme Court affirms murder convictions of four inmates, ruling positive identification prevails over denial and alibi in prison killing.

Inheritance Rights of Nephews and Nieces: Proving Filiation and Overcoming Legal Presumptions

Can a death certificate block an ejectment suit? The Supreme Court clarifies provisional findings and inheritance rights of nephews and nieces.

Piercing the Corporate Veil: When Are Corporate Officers Personally Liable in the Philippines

Philippine Supreme Court clarifies when corporate officers may be personally liable and the limits of SEC jurisdiction over suspension of payments.

Protecting Loan Security: How Mortgagees Can Secure Insurance Claims in the Philippines

Learn how mortgagees can secure insurance proceeds under Philippine law, based on the Supreme Court's ruling in Rizal Commercial Banking Corp. v. Goyu & Sons.

When a Complaint Is Dismissed, Does the Counterclaim Fall With It?

A Philippine Supreme Court ruling explains when a compulsory counterclaim survives the dismissal of the main complaint — and when the defendant must object to keep it alive.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

Fixed vs Percentage Docket Fees: Annulment of Real Estate Contracts Qualifies for Fixed Fees

Philippine Supreme Court ruling on when annulment of real estate contracts warrants fixed docket fees rather than percentage-based fees.

The High Cost of Negligence: Why Banks Must Exercise Due Diligence in Mortgage Transactions

Philippine Supreme Court ruling on GSIS v. Salonga clarifies that banks and lending institutions cannot claim good faith by merely relying on titles.

Rape by a Stepfather: Overcoming the Presumption of Innocence

How Philippine courts weigh a young rape victim's testimony against a stepfather's denial, and why minor inconsistencies do not defeat a conviction.

Moral Character and Bar Admission: How a Hazing Conviction Was Overcome

The Supreme Court allowed a bar passer with a reckless imprudence conviction to take the oath, showing how rehabilitation and good conduct can overcome past misdeeds.

Positive Identification Overcomes Alibi in Philippine Criminal Law

How Philippine courts weigh positive identification against alibi in criminal cases, explained through a 1998 rape conviction.

Eyewitness Testimony Overcoming Delay AND Establishing Credibility IN Philippine Courts

A Philippine Supreme Court ruling on how delayed eyewitness testimony can still be credible and how damages are computed in murder cases.