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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 7729–7752 of 19,039 articles for “up”

Mortgage Rights vs Property Transfer: Foreclosure Options for Second Mortgagees

When a mortgaged property is sold to the first mortgagee, can the second mortgagee still foreclose? The Supreme Court explains the limits.

Shifting Legal Theories in Employer-Employee Disputes: Lessons from Duty Free Philippines v. Tria

Supreme Court ruling on when employers can change legal theories in illegal dismissal cases and the burden of proof for just cause.

When Can a Clerk of Court Refuse a Pleading? Ministerial Duty vs. Discretion

Philippine Supreme Court clarifies that clerks of court have a ministerial duty to receive pleadings; only judges may judge their sufficiency.

Defining Agrarian Disputes When Land Ownership Claims Fall Outside DARAB Jurisdiction

The Supreme Court clarifies that ownership disputes over land, absent tenurial arrangements, are not agrarian disputes and belong to regular courts.

Electoral Jurisdiction: When COMELEC’s Authority Ends and HRET Begins

The Supreme Court clarifies the boundary between COMELEC and HRET jurisdiction over election disputes involving proclaimed congressmen.

Balancing Development and Ecology: The Imperative of Environmental Impact Assessments in Reclamation Projects

The Supreme Court underscores the mandatory nature of environmental impact assessments and consultations in reclamation projects, balancing development with ecological protection.

Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?

The Supreme Court clarifies when the prescriptive period for anti-graft cases begins, using a landmark Marcos-era case.

Failure to Account for Trust Property as Evidence of Estafa

Philippine Supreme Court ruling on how failure to return property held in trust can prove estafa under Article 315 of the Revised Penal Code.

Electoral Tribunals Authority Challenging A Legislators Qualifications After Proclamation

The Supreme Court clarifies that once a congressional candidate is proclaimed, only the HRET, not COMELEC, may rule on qualifications.

Dishonesty in Civil Service Exams: Impersonation Leads to Dismissal and Perpetual Disqualification

The Supreme Court dismisses a court stenographer for letting someone take her Civil Service exam, ruling it is dishonesty with grave penalties.

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Forfeiture in Plunder Cases: Tracing Ill-Gotten Wealth and Protecting State Interests

Explaining how the Supreme Court upheld the forfeiture of assets traceable to plunder, including shares held by third parties, under RA 7080.

Moral Ascendancy and Rape Credibility: Lessons from an Incest Conviction

How the Supreme Court weighed a father's moral ascendancy over his daughter in affirming an incest rape conviction.

Expropriation for Socialized Housing: Balancing Public Needs and Private Property Rights

The Supreme Court clarifies the strict requirements local governments must meet before expropriating private land for socialized housing under R.A. 7279.

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Breach of Trust: Examining Guilt in Step-Parent Rape Cases Under Philippine Law

The Supreme Court affirms a stepfather's rape conviction, explaining how moral ascendancy and threats establish intimidation in incestuous rape.

Unauthorized Practice of Law and Judicial Ethics: Lessons from Ciocon-Reer v. Lubao

The Supreme Court clarifies when judges face administrative liability and penalizes a non-lawyer for unauthorized practice of law.

Torrens Title vs Claim of Inheritance: Resolving Land Ownership Disputes

When does a Torrens title prevail over a claim of inheritance? The Supreme Court clarifies jurisdiction rules in land disputes.

Determining the Reckoning Point for Unlawful Detainer Actions: The Significance of the Final Demand to Vacate

Philippine Supreme Court clarifies that the one-year period for unlawful detainer is counted from the last demand to vacate, not lease expiration.

Treachery and Witness Testimony: How Philippine Courts Establish Murder Beyond Reasonable Doubt

In People v. Dones, the Supreme Court affirmed a murder conviction based on a single eyewitness and explained when treachery qualifies a killing.

Reasonable Doubt Prevails: Illegal Possession of Dangerous Drugs and the Credibility of Testimony

In People v. Maraorao, the Supreme Court acquitted an accused after finding a glaring inconsistency in the arresting officer's testimony on who held the bag of shabu.

When the Ombudsman Cannot Appeal a Reversed Administrative Decision

The Supreme Court rules on the Ombudsman's lack of legal standing to appeal when its administrative decision is reversed on appeal.

Navigating Legislative Inquiries Upholding Senate Authority IN Corporate Mismanagement Probes