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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 6049–6072 of 19,038 articles for “up”

Rape Through Sexual Assault: Protecting Children Beyond Gender

The Supreme Court affirms that men can be rape victims, ruling on sexual assault against a 10-year-old boy and the applicable penalty.

Seafarer Death Benefits After Contract Termination: What Employers Must Know

Supreme Court clarifies when death benefits apply under POEA contract—death must occur during employment term, not after pre-termination.

Death of Accused Pending Appeal: How It Extinguishes Criminal Liability in Drug Cases

The Supreme Court explains how an accused's death pending appeal extinguishes criminal liability, and why drug offenses carry no civil liability.

Distinguishing Agricultural Leasehold From Civil Law Lease: Security of Tenure in Philippine Agrarian Law

Philippine Supreme Court clarifies the difference between agricultural leasehold and civil law lease, and the security of tenure rights of tenants.

Rape Conviction Affirmed: Force, Moral Ascendancy, and Damages in Sibling Abuse Cases

Supreme Court affirms rape conviction of brother who assaulted his 14-year-old sister, clarifying force requirements and increasing damages to P300,000.

Presumption of Regularity in Drug Possession Cases and the Effect of an Accused's Death on Appeal

The Supreme Court explains how the presumption of regularity supports drug convictions, and why an accused's death pending appeal can moot a case.

Notarizing Without a Commission: Supreme Court Upholds Disciplinary Action Against Lawyers

The Supreme Court suspends a lawyer for two years and permanently bars him from notarial commission for notarizing documents without authority.

Broken Chain of Custody: Safeguarding Drug Evidence Integrity in Philippine Law

Philippine Supreme Court acquits drug suspect due to broken chain of custody, stressing strict evidence integrity rules under RA 9165.

The Weight of Witness Testimony in Philippine Murder Convictions

How positive eyewitness identification outweighs alibi and denial in Philippine robbery with homicide cases, explained through a Supreme Court ruling.

Notarizing Without a Commission: Supreme Court Upholds Strict Notarial Rules

The Supreme Court suspends a lawyer for two years and permanently bars him from notarial practice for notarizing documents without a valid commission.

SC Upholds Rape Conviction of Man Who Sexually Assaulted 10-Year-Old Boy

The Supreme Court affirms a man's conviction for raping a 10-year-old boy through anal insertion, clarifying that men can be rape victims and explaining the applicable penalties.

Writ of Possession for Subsequent Purchasers After Extrajudicial Foreclosure

The Supreme Court clarifies that a buyer who purchases foreclosed property from the auction winner may seek a writ of possession.

Equitable Estoppel and Tax Refund Claims: Understanding the San Roque Exception

The Supreme Court clarifies when taxpayers may file judicial VAT refund claims without waiting 120 days, citing equitable estoppel.

Grave Misconduct Requires Proof of Wrongful Intent, Not Just a Flawed Revaluation

When is a bad property valuation grave misconduct? The Supreme Court clarifies the evidence needed to hold public officers liable.

Breach of Contract and Trust: Obligations in Film Licensing Agreements

Philippine Supreme Court clarifies when a licensee may reject films and whether licensors owe fees to third-party owners in licensing deals.

Pregnancy and Employment: Protecting Women's Rights in the Philippine Workplace

A Philippine Supreme Court ruling on Saudia's pregnancy termination policy affirms that women cannot be dismissed for becoming pregnant.

Default Demand and Interest: Understanding Promissory Note Obligations in the Philippines

A Supreme Court ruling clarifies when a debtor is in default, how interest is computed, and what makes stipulated rates unconscionable.

Right of Way: Balancing Dominant Estate Needs and Servient Estate Rights in Philippine Law

Philippine Supreme Court clarifies how to determine the extent and indemnity for a legal easement of right of way under the Civil Code.

Venue Stipulations and Contract Validity: When a Forgery Claim Overrides an Exclusive Venue Clause

The Supreme Court rules that a complaint assailing a contract's validity—like forgery—is not bound by its exclusive venue stipulation.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Mining Rights vs Land Ownership: Reconstitution Rights Under Philippine Law

Supreme Court ruling clarifies that mining patent holders cannot seek reconstitution of land titles they do not own.

Reassessing Psychological Incapacity Expert Testimony in Philippine Marital Nullity Cases

The Supreme Court clarifies how expert testimony on psychological incapacity should be weighed in Philippine marriage nullity cases.

Chain of Custody in Drug Cases: Integrity of Evidence Prevails

Philippine Supreme Court ruling on chain of custody in drug possession cases, explaining why substantial compliance with Section 21 suffices.

Refund of Excess Withholding Taxes: Proving Entitlement Under Philippine Law

Philippine Supreme Court ruling on refund of excess creditable withholding taxes, the two-year prescriptive period, and evidence required.