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 6985–7008 of 19,039 articles for “up”

Balancing Company Rules and Employee Rights: The Doctrine of Proportionate Penalty in Illegal Dismissal Cases

When does a company rule violation justify dismissal? The Supreme Court clarifies the doctrine of proportionate penalty in illegal dismissal cases.

Death of Accused Pending Appeal Extinguishes Criminal Liability and Civil Liability Ex Delicto

The Supreme Court clarifies that an accused's death before final judgment extinguishes criminal liability and civil liability arising from the offense.

Proving Illegal Dismissal: The Employee’s Initial Burden in Labor Cases

The Supreme Court clarifies the burden of proof in illegal dismissal cases and when dismissal for willful disobedience is lawful.

Moral Ascendancy in Rape Cases: Supreme Court Affirms Stepfather's Conviction

The Supreme Court affirms a stepfather's rape conviction, explaining moral ascendancy, victim-survivor credibility, and increased damages in G.R. No. 271812.

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

Res Judicata Bars Repeated Litigation Over Same Land Ownership

Philippine Supreme Court ruling explains how res judicata prevents endless litigation over the same property and title.

Dismissal for Loss of Confidence: When a Validly Dismissed Employee Cannot Claim Retirement Pay

The Supreme Court ruled that an employee lawfully dismissed for serious misconduct and loss of confidence cannot be awarded retirement benefits as a measure of social justice.

Tax Treaty Relief vs. BIR Rules: When Administrative Deadlines Cannot Defeat Treaty Benefits

Supreme Court rules that failure to file a prior tax treaty relief application with the BIR does not automatically forfeit a taxpayer's right to preferential rates under an international tax treaty.

Tax Treaty Benefits vs. BIR Rules: The Deutsche Bank Ruling on Prior Application

The Supreme Court clarifies that failure to comply with the BIR's prior application rule does not automatically bar tax treaty relief.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.

When a Trust Receipt Is Really a Loan: Acquittal in Estafa Cases

The Supreme Court acquits a corporate officer of estafa under the Trust Receipts Law, ruling that transactions the bank knew were not for resale are simple loans, not trust receipts.

Grave Negligence and Public Office Accountability for Improper Land Use in Infrastructure Projects

When can a city engineer be criminally liable for a public works project built on private land? The Supreme Court explains gross inexcusable negligence under R.A. 3019.

Trust Receipts vs Loans: When Intent Defines the Contract

Supreme Court clarifies when a trust receipt is really a loan, acquitting a corporate officer of estafa under PD 115.

Finality vs Fairness: How Illegal Dismissal Awards Are Computed Up to Final Judgment

The Supreme Court clarifies that backwages and separation pay in illegal dismissal cases are computed up to finality of judgment, not just the labor arbiter's decision date.

Barangay Election Protests: Finality of Decisions and Execution Pending Appeal

The Supreme Court clarifies the rules on execution pending appeal in barangay election protests, emphasizing finality and proper procedure.

Lawyer Admonished for Neglect of Client's Case: Upholding Competence and Diligence

A lawyer's failure to file a timely appeal leads to admonition, reinforcing the duty of competence and diligence under the Code of Professional Responsibility.

Local Union Disaffiliation Rights and Check-Off Dues Under Philippine Law

Philippine Supreme Court clarifies when a local union may disaffiliate from its mother federation and what happens to check-off dues.

Union Disaffiliation and Employee Rights in Collective Bargaining: A Philippine Supreme Court Ruling

Philippine Supreme Court ruling on a local union's right to disaffiliate from its mother federation and the effect on collective bargaining and check-off.

Speedy Trial vs Consolidation: Protecting the Accused's Rights

The Supreme Court rules that consolidating criminal cases cannot override an accused's constitutional right to a speedy trial.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Res Judicata Bars NHA From Relitigating Bad Faith in Land Expropriation Case

The Supreme Court rules that conclusiveness of judgment prevents the NHA from re-arguing ownership and bad faith issues already settled in prior final cases.

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Tearing Time Cards as Constructive Dismissal: Employer Accountability in the Philippines

Philippine Supreme Court rules that tearing an employee's time card constitutes constructive dismissal, entitling workers to backwages and separation pay.