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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 7657–7680 of 19,039 articles for “up”

Judge, Prosecutor, and the Disapproved Resolution: Balancing Judicial Discretion and Prosecutorial Independenc

A judge insisted a prosecutor produce a disapproved resolution. The Supreme Court clarifies the limits of judicial discretion in warrant issuance.

Upholding Agreements: The Decisive Impact of Admitted Extensions in Maritime Claims

How a carrier's failure to specifically deny an agreed extension period can defeat a prescription defense in maritime cargo claims.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Treachery's Shadow: Murder and Eyewitness Identification in the Anis Massacre

The Supreme Court affirms murder and attempted murder convictions from the 1999 Anis massacre, ruling on treachery and eyewitness identification.

Chain of Custody Safeguarding Drug Evidence in Philippine Law

The Supreme Court acquits a drug suspect when police fail to prove every link in the chain of custody of seized shabu.

Dragnet Clauses and Foreclosure: Defining the Limits of Mortgage Security in the Philippines

A bank cannot inflate a foreclosure redemption price using a dragnet clause. The Supreme Court explains the limits of mortgage security.

Double Jeopardy Prevails: Acquittal Stands Despite Alleged Errors in Evidence Appreciation

The Supreme Court reaffirms the rule against double jeopardy, holding that an acquittal cannot be appealed or reversed absent grave abuse of discretion.

Income Tax Returns: Balancing Confidentiality and Admissibility in Court

When can courts compel production of income tax returns? The Supreme Court clarifies the limits of confidentiality and the proper remedy.

Reasonable Doubt in Illegal Drug Possession: The Chain of Custody Rule Under Philippine Law

Why the Supreme Court acquitted two accused in a shabu possession case due to a broken chain of custody, and what this means for drug cases.

Corporate Rehabilitation Separate Juridical Personality Prevails Over Third Party Mortgages

Supreme Court clarifies that corporate rehabilitation stay orders do not cover properties owned by third-party mortgagors.

NHA Incentive Allowances Disallowed: When Government Compensation Rationalization Prevails

Supreme Court affirms COA disallowance of NHA incentive allowances, ruling that PD 1597 and RA 6758 repealed the NHA Board's power to grant them.

Disbarment for Conflicting Interests and Bribery: Upholding Ethical Standards in the Legal Profession

A prosecutor's disbarment for representing conflicting interests and bribery conviction underscores the high ethical standards required of lawyers.

CARP Landowner Rights After CLOA Issuance: Diamond Farms Case on Just Compensation and Beneficiary Possession

Supreme Court ruling on landowner rights, just compensation, and beneficiary possession under CARP after CLOA issuance in Diamond Farms v. Diamond Farm Workers.

Mandamus Cannot Compel a Mayor to Issue Business Permits: The Rimando Case

Philippine Supreme Court clarifies that issuing business permits is a discretionary, not ministerial, act—so mandamus cannot compel it.

Protecting Prior Land Rights: The Limits of Free Patents and Good Faith Purchasers

Philippine Supreme Court clarifies when free patents and good faith purchases can defeat prior land rights.

Perfecting Land Titles: The Burden of Proof in Land Registration Cases

A Supreme Court ruling clarifies the strict burden of proof in land registration, including possession periods and evidence of alienability.

Summary Judgment: When Failing to Refute Allegations Costs You the Case

Learn how failing to refute payment allegations led to summary judgment against the Villuga spouses in this Philippine Supreme Court ruling.

Interlocutory Orders: Why Immediate Appeals Can Derail Justice

Philippine Supreme Court explains why interlocutory orders cannot be appealed immediately, preventing delays and multiplicity of appeals in criminal cases.

Res Judicata and Foreclosure: When a Second Bite at the Apple Is Denied

The Supreme Court explains how res judicata bars a second case on the same foreclosure dispute, and clarifies appeal rules.

Entrapment vs Instigation: What Makes a Valid Drug Buy-Bust Operation

The Supreme Court explains the difference between entrapment and instigation in drug cases, and why a valid buy-bust operation leads to conviction.

Government Instrumentalities and Tax Exemption: Defining the Scope of Real Property Tax Obligations

The Supreme Court clarifies when a government entity with corporate powers is exempt from real property tax, distinguishing instrumentalities from GOCCs.

Finality of Judgments: Customs Bureau Bound by Interest on Seized Shipments

Supreme Court clarifies that final judgments, including interest awards, bind the Bureau of Customs on seized shipments.

Defining the Power of Control in Labor Disputes: The Legend Hotel Case

When is a hotel pianist an employee, not an independent talent? The Supreme Court clarifies the control test in illegal dismissal cases.

Acquisitive Prescription vs Torrens Title: Proving Land Registration Claims in Court

The Supreme Court clarifies when possession of public land can ripen into private ownership and registration under the Property Registration Decree.