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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 7321–7344 of 19,039 articles for “up”

Grave Neglect of Duty in Public Office: The Samson De Leon Case

When does a public official's inaction become grave neglect of duty? The Supreme Court clarifies the standard in this administrative law case.

Stare Decisis in Indigenous Land Claims: Upholding Prior Rulings on the Busol Watershed

The Supreme Court applies stare decisis to reverse an injunction favoring indigenous land claims in the Busol Watershed, following an earlier ruling.

Gross Receipts Tax and the 20% Final Withholding Tax on Bank Income

The Supreme Court has ruled that the 20% final withholding tax on a bank's passive interest income forms part of its gross receipts for gross receipts tax purposes.

Abandonment vs. Illegal Dismissal: Employer's Burden of Proof in Philippine Labor Law

When does absence become abandonment? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases.

Burden of Proof in Cargo Shortage Claims: When Arrastre Operators Escape Liability

Explaining the Supreme Court ruling on cargo shortage claims, the burden of proof, and when arrastre operators may avoid liability.

Challenging Residency Claims: The Supreme Court on Election Eligibility

A candidate's one-year residency requirement for local office demands clear proof of domicile, not just property ownership or voter registration.

Protecting Seafarers: Upholding Disability Claims Despite Company Doctor's Assessment

Supreme Court rules seafarers can dispute company-designated physician's fitness assessment with independent medical evidence, protecting their disability claims.

Confessions and Conspiracy: Probable Cause in the Batasan Bombing Case

The Supreme Court explains why a co-accused's confession alone cannot establish probable cause for conspiracy in the Batasan bombing case.

Good Faith and Land Titles: Protecting Innocent Purchasers in Real Estate Disputes

When is a bank a mortgagee in good faith? The Supreme Court clarifies the rules on forged deeds and land titles.

SEP Clearance and the Limits of Certiorari: When Administrative Action Is Not Quasi-Judicial

The Supreme Court clarifies when an SEP Clearance from the Palawan Council is an administrative act, not a quasi-judicial one, and why certiorari is the wrong remedy.

Entrapment vs Instigation in Illegal Drug Sales: Key Distinctions from a Philippine Supreme Court Ruling

The Supreme Court distinguishes entrapment from instigation in drug cases, explaining why a buy-bust arrest remains valid when criminal intent originates from the accused.

Double Jeopardy and Speedy Trial Rights in the ASEAN Street Lighting Case

Explaining the Supreme Court's ruling on double jeopardy, speedy disposition, and amended informations in Braza v. Sandiganbayan.

Finality of Judgment vs Newly Discovered Evidence in Homicide Cases

When a conviction becomes final, can newly discovered evidence reopen the case? The Supreme Court explains the limits.

Technical Malversation: Intent Not Required for Illegal Use of Public Funds

Supreme Court clarifies that illegal use of public funds under does not require intent, only the diversion of funds to another public purpose.

Deceit and Syndicated Estafa: Distinguishing Simple Estafa From Large-Scale Swindling

Philippine Supreme Court clarifies when fraud against a bank is simple estafa, not syndicated estafa under PD 1689.

Circumstantial Evidence and Conspiracy in Robbery with Homicide: People v. Lamsen

How the Supreme Court upheld convictions for robbery with homicide based on eyewitness testimony, circumstantial evidence, and conspiracy.

Treachery in Criminal Law: Ensuring Justice for Unexpected Attacks

The Supreme Court explains treachery as a qualifying circumstance in murder, using a 2013 case to clarify sudden, unprovoked attacks.

Judicial Accountability vs Erroneous Judgments: Protecting Judicial Independence in the Philippines

Philippine Supreme Court ruling on judicial accountability, erroneous judgments, and the constitutional protection of judicial independence.

Dual Office Holding: Constitutional Limits on Executive Appointments

Supreme Court rules Cabinet members cannot hold concurrent offices, even temporarily, under Section 13, Article VII of the Constitution.

Unsigned Contracts and Oral Plan Changes: When Additional Construction Costs Are Recoverable

Philippine Supreme Court ruling on when contractors can recover extra costs from unsigned contracts and orally approved plan revisions.

Retrenchment Validity: Balancing Employer Prerogative and Employee Security of Tenure

The Supreme Court clarifies the requisites for valid retrenchment and when quitclaims bar illegal dismissal claims in Pepsi-Cola v. Molon.

Supervisory Status and Union Formation: Defining the Rights of Capatazes in Labor Law

The Supreme Court rules capatazes are supervisory employees who may form their own union separate from rank-and-file workers.

Trademark Infringement: Why Likelihood of Confusion Is the Core Element

The Supreme Court acquits a jeans tailor of trademark infringement, explaining why likelihood of confusion is the heart of the offense.

Due Process vs Valid Dismissal: Balancing Employee Rights and Employer Authority in Termination Cases

The Supreme Court clarifies the requisites for valid retrenchment, distinguishing authorized causes from procedural due process in termination cases.