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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 7369–7392 of 19,039 articles for “up”

Bank Officer Liability for Fraudulent Export Transactions: The Dy Case

When can a bank officer be held solidarily liable for fraud? The Supreme Court explains conspiracy and approval of irregular transactions.

Mortgage Without HLURB Approval: Buyer Protection in Condominium Sales

Philippine Supreme Court clarifies that a mortgage lacking HLURB approval is void only against the unit buyer, not the developer and bank.

Forum Shopping and Fair Play: Why Employers Cannot Raise New Defenses on Appeal

Supreme Court rules employers cannot raise lack of employer-employee relationship for the first time on appeal after actively participating in labor proceedings.

Probable Cause vs Evidentiary Weight: The DOJ Secretary’s Review Power Delineated

The Supreme Court clarifies when the DOJ Secretary oversteps by weighing evidence in a preliminary investigation, not just determining probable cause.

Reckless Driving vs. Employee Rights: When Can a Driver Be Dismissed?

A bus driver's dismissal for reckless driving and dishonesty was upheld, but the employer still paid damages for skipping the twin-notice rule.

Redundancy Dismissal: Employers Must Prove Justification, Not Just Declare It

Philippine Supreme Court clarifies that employers cannot simply declare redundancy—they must present substantial proof to justify dismissal.

Bank Officer Liability for Fraudulent Export Transactions: The Dy Case

Supreme Court ruling on bank officer liability for approving fraudulent export transactions with non-negotiable bills of lading.

Easement vs Expropriation: Just Compensation for Right of Way Under Philippine Law

Supreme Court clarifies that statutory caps on easement fees do not bind courts in determining just compensation for transmission line right of way.

Courts, Not Legislators, Set Just Compensation in Philippine Eminent Domain Cases

Supreme Court rules statutory caps like NPC's 10% easement limit cannot override judicial determination of just compensation.

Child Custody Not Permanent: SC Clears Judge Who Respected Child's Choice Over Prior Agreement

Supreme Court rules child custody judgments are not permanent; a child over 7 may choose a parent, overriding prior compromise agreements.

Protecting Children Upholding Justice IN Child Abuse AND Rape Cases Under Philippine LAW

A look at how Philippine courts decide rape cases, the weight given to credible victim testimony, and the rules on force, intimidation, and delay in reporting.

Chain of Custody in Drug Cases: What People v. Nacua Teaches About Safeguarding Evidence

In People v. Nacua, the Supreme Court acquitted a drug accused because police failed to follow the chain of custody rules under Section 21 of RA 9165.

Execution of Judgment Must Conform to the Dispositive Portion: The Golez v. Navarro Ruling

A writ of execution cannot add interest that the judgment never awarded. The Supreme Court explains how far a court may go in enforcing a final decision.

Forcible Entry: Prior Physical Possession Prevails Over Ownership Claims

In ejectment cases, actual possession beats paper title. The Supreme Court explains why forcible entry is about possession de facto, not ownership.

Party-List Accreditation Is Never Permanent: The LPGMA Doctrine on Continuous Qualification Review

Supreme Court clarifies that COMELEC can cancel party-list registration anytime; accreditation never becomes final and conclusive against the state.

Party List Accreditation: COMELEC's Power to Cancel Registration Explained

Supreme Court clarifies that COMELEC can cancel party-list accreditation even without prior opposition to registration, upholding its authority to ensure marginalized representation.

Determining Fair Compensation in Philippine Expropriation Cases: Key Lessons from Republic v. Heirs of Bautist

Learn how Philippine courts determine just compensation in expropriation cases, based on the Supreme Court's ruling in Republic v. Heirs of Bautista.

Certiorari Limits: When Courts Can Review Administrative Decisions

The Supreme Court clarifies when courts may review administrative findings in certiorari petitions, using a Sandiganbayan graft case as the vehicle.

False Designation of Origin: When "Made in Portugal" Labels Mislead Consumers

The Supreme Court's ruling in Uyco v. Lo clarifies when geographic labels on products constitute false designation of origin under Philippine trademark law.

Rape Conviction Affirmed: Delay in Reporting Does Not Negate Victim Credibility

Supreme Court affirms rape conviction, ruling that a victim's delay in reporting does not automatically discredit her testimony.

Land Reclassification and Agrarian Reform: Prior Local Government Authority Prevails

Local government reclassification of land before June 15, 1988 can exempt property from CARP coverage, as the Supreme Court clarified in Heirs of Luna v. Afable.

Master's Degree as Tenure Requirement: University of the East v. Pepanio and Bueno

Supreme Court rules college teachers without master's degrees cannot acquire regular or tenure status, affirming government regulations on faculty qualifications.

Perfecting Repurchase Agreements: The Necessity of Unqualified Acceptance in Real Estate Transactions

A Supreme Court ruling explains why a qualified acceptance of a repurchase offer is merely a counter-offer, not a perfected contract.

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

How sudden, unexpected attacks qualify killings as murder under Article 248 of the Revised Penal Code, explained through a 2013 Supreme Court ruling.