From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 5689–5712 of 19,293 articles for “eme”

Bail and Judicial Discretion: Limits in Philippine Criminal Proceedings

The Supreme Court clarifies when judges may grant bail in capital offenses and the limits of judicial discretion in criminal cases.

Upholding Ethical Standards: An Attorney's Duty to Avoid Delaying Tactics in Legal Proceedings

The Supreme Court suspends a lawyer for three months for employing dilatory tactics, reaffirming the duty to avoid delaying legal proceedings.

Buy-Bust Operations: Convictions Upheld Despite Procedural Lapses in Drug Seizures

The Supreme Court affirms drug convictions despite procedural lapses, ruling that substantial compliance with Section 21 preserves evidence integrity.

Rescission Rights When A Compromise Agreement Fails to Protect Labor Rights in the Philippines

When can workers rescind a compromise agreement? The Supreme Court clarifies rights under Article 2041 of the Civil Code.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

Illegal Dismissal Requires Both Just Cause and Due Process: Noblado v. Alfonso

The Supreme Court clarifies that dismissal without just cause and due process is illegal, entitling workers to backwages and separation pay.

Loan Transfers and Corporate Rehabilitation: Clarifying Creditor Rights in Philippine Law

Supreme Court ruling on whether loan sale proceeds deposited with a creditor are covered by a loan transfer during corporate rehabilitation.

When an Employer's Right to Discipline Becomes Abuse of Rights: PCIB v. Gomez

The Supreme Court rules on when an employer's disciplinary actions cross the line into abuse of rights, clarifying civil court jurisdiction over damages claims.

Dismissal of Main Action Dissolves Ancillary Relief: Understanding Provisional Remedies in Philippine Law

When a main case is dismissed, what happens to the preliminary injunction it carried? The Supreme Court explains in United Alloy v. UCPB.

Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages

The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.

Treachery in Criminal Law: The Crucial Element of Deliberate Intent

Sudden attacks do not always amount to treachery. The Supreme Court explains when deliberate intent is required.

Finality Prevails: Understanding the Limits of Annulment of Judgment in the Philippines

Philippine Supreme Court clarifies when annulment of judgment is available, distinguishing lack of jurisdiction from errors in exercising jurisdiction.

Positive Identification and Alibi in Murder Cases: Lessons from People v. Cuesta

The Supreme Court explains when positive identification prevails over alibi and why sudden attacks do not always amount to treachery.

Guardian Convicted of Qualified Rape and Acts of Lasciviousness Against Minor

Supreme Court affirms conviction of a guardian for qualified rape of his 11-year-old ward, explaining key rules on statutory rape, delay in reporting, and damages.

Charter Party Agreements: How They Determine Carrier Status in Maritime Law

Philippine Supreme Court ruling on how time charter parties can convert common carriers into private carriers, affecting liability.

Navigating Corporate Disputes Ensuring Proper Court Assignment FOR Shareholder Rights

The Supreme Court clarifies that intra-corporate disputes wrongly raffled to a regular RTC branch should be transferred, not dismissed.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Disbarment for Gross Immorality: When a Lawyer’s Private Conduct Ends the Legal Career

The Supreme Court disbars a Court of Appeals clerk for an adulterous affair, reaffirming that lawyers must uphold high moral standards in private life.

Upholding Judicial Accountability: Failure to Decide Cases and Its Consequences for Judges and Court Personnel

A Supreme Court ruling reminds judges and court staff that misconduct and failure to follow lawful directives carry the ultimate administrative penalty.

Seafarer Death Benefits: Proving Suicide as a Defense Against Employer Liability

The Supreme Court explains when an employer may escape liability for seafarer death benefits by proving suicide as a willful act.

Discovery Rights in Administrative Proceedings: Balancing Efficiency and Due Process

The Supreme Court clarifies when modes of discovery may be denied in administrative cases, balancing efficiency with due process in PHIC proceedings.

Trademark Infringement Mootness Doctrine and the Dissolution of Preliminary Injunctions

When a final judgment on the merits is rendered, an ancillary preliminary injunction dissolves, rendering appeals on the writ moot.

Stare Decisis in Retrenchment Cases: When Prior Rulings Bind Similar Claims

The Supreme Court applies stare decisis to deny reconsideration in a retrenchment case, affirming that identical issues and parties with common interest are bound by prior rulings.

Incestuous Rape: Upholding Parental Moral Ascendancy and Protecting Minor Victims

Philippine Supreme Court affirms rape conviction of a father figure, clarifying force, minority as aggravating circumstance, and damages.