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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 5137–5160 of 19,038 articles for “up”

Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR

When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.

Tax Suspension Bonds: When the CTA Must Hear the Taxpayer First

The Supreme Court clarifies when the Court of Tax Appeals may require a bond to suspend tax collection, and why a preliminary hearing is essential.

Misconduct in the Workplace: Defining the Boundaries of Trust and Employment

Philippine Supreme Court ruling clarifies when serious misconduct justifies dismissal and the evidentiary standard employers must meet.

Unlawful Detainer: Why Timely Action and Consistent Claims Matter

Learn how the Supreme Court in Reyes v. Heirs of Forlales clarified the one-year rule in unlawful detainer cases and the limits of mere tolerance.

Good Faith Possession Determining Rights AND Obligations IN Land USE Disputes

Philippine Supreme Court clarifies how good faith possession affects rights and obligations in land use disputes, citing Civil Code provisions.

Upholding Judicial Stability THE Limits OF CO Equal Court Jurisdiction IN Property Execution

Res Judicata in Agrarian Disputes: Identity of Parties and Causes of Action

When does a DARAB ruling bar a court case? The Supreme Court clarifies the requisites of res judicata, especially identity of parties and causes of action.

Negligence on the Road: When Employer Liability Intersects With Employee Conduct

A Supreme Court ruling on bus driver dismissals clarifies negligence as just cause, procedural due process, and the limits of settlement authority.

Dereliction of Duty and the Duty of Promptness in Resolving Cases Filed by Indigents

The Supreme Court clarifies when a prosecutor's delay in resolving an indigent's complaint amounts to gross neglect of duty.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.

Upholding Buy-Bust Operations and the Chain of Custody Rule in Drug Cases

The Supreme Court affirms a drug conviction, explaining buy-bust operations, chain of custody, and why procedural lapses did not free the accused.

Employer-Employee Relationship and Due Process in DOLE Labor Standards Cases

Supreme Court ruling on DOLE jurisdiction, employer-employee relationship requirements, and due process in labor standards enforcement.

Depositions Abroad: Balancing Convenience and Due Process in Philippine Civil Suits

The Supreme Court clarifies when a foreign plaintiff residing abroad may take deposition outside the Philippines for direct testimony in a Philippine civil case.

Forum Shopping: Simultaneous Appeal and Annulment of Judgment Constitutes Abuse

Philippine Supreme Court rules that pursuing an appeal and a petition for annulment of judgment simultaneously constitutes forum shopping and may warrant contempt.

Buy-Bust Operations: Where Entrapment Ends and Constitutional Rights Begin

The Supreme Court clarifies the line between valid entrapment in buy-bust operations and impermissible instigation, affirming a drug conviction under RA 9165.

Treachery in Criminal Law: How Philippine Courts Qualify a Killing as Murder

In People v. Avila, the Supreme Court explains when treachery qualifies a killing as murder, and why evident premeditation and abuse of superior strength failed.

Equitable Title Prevails: Understanding Ownership Through Deeds of Sale and Possession

Explore how the Supreme Court ruled that equitable title, not just a deed, determines ownership in quieting of title cases.

Navigating Property Disputes: The Crucial Role of Assessed Value in Determining Court Jurisdiction

The Supreme Court clarifies res judicata and jurisdiction rules in property disputes, emphasizing the importance of assessed value in determining which court has authority.

Indefinite Preventive Suspension Is Constructive Dismissal: Employee Rights in the Philippines

The Supreme Court rules that an indefinite preventive suspension beyond 30 days amounts to constructive dismissal, entitling the employee to backwages and separation pay.

Child Abuse vs Slight Physical Injuries: The Intent Requirement in Philippine Law

When does a slap on a child become child abuse under RA 7610, and when is it only slight physical injuries? The Supreme Court clarifies the role of intent.

Protecting the Vulnerable: Upholding Conviction in Statutory Rape Cases

Supreme Court affirms statutory rape conviction, explaining why a child victim's credible testimony suffices even without medical evidence of injury.

Disbarment for Deceit: Upholding Ethical Standards in the Legal Profession

The Supreme Court suspends a lawyer for immorality, clarifying that only the Court can discipline lawyers and that compliance must be actual.

Treachery in Multiple Shooting: How a Cascade of Violence Proved Guilt

When one sudden attack fells several victims, treachery may qualify each offense—explaining the Supreme Court's ruling in People v. Oandasan.

Judicial Impartiality: A Judge's Duty to Disqualify in Cases Involving Relatives

The Supreme Court clarifies when judges must disqualify themselves from cases involving relatives, even at the warrant stage.