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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 7873–7896 of 19,039 articles for “up”

Understanding Statutory Rape and Qualified Rape in the Philippines: Insights from Arpon v. People

The Supreme Court's Arpon ruling clarifies statutory rape, qualified rape, and the need to prove each charge separately.

When a General Manager Is Not a Corporate Officer: Jurisdiction Over Illegal Dismissal Claims

The Supreme Court clarifies when a corporate officer is really an employee, and who has jurisdiction over dismissal disputes.

When Strikes Go Wrong: Illegal Dismissals and Union Security Clauses in the Philippines

Learn when terminating employees for union disloyalty is illegal, based on a Philippine Supreme Court ruling on certification elections and union security.

Union Security Clauses and the Freedom Period: When Dismissal for Disloyalty Fails

Philippine Supreme Court clarifies that signing a certification election petition during the freedom period is not union disloyalty justifying dismissal.

Government Employee Rights: Security of Tenure and Due Process in Revenue Target-Based Attrition

The Supreme Court upheld the Attrition Act's constitutionality, clarifying that revenue target-based removal of BIR and BOC employees does not violate security of tenure or due process.

When Court Errors Are Judicial, Not Administrative: Lessons from Tallado v. Racoma

The Supreme Court dismisses an administrative complaint against two RTC judges, clarifying that judicial errors must be challenged through appeals, not disciplinary cases.

Judicial Ethics: Sheriff Dismissed for Accepting Payoffs in Landmark Philippine Ruling

Supreme Court dismisses deputy sheriff for accepting kickbacks from a newspaper publisher in exchange for judicial notice assignments, reaffirming strict ethics for court personnel.

Illegal Dismissal vs Abandonment: Supreme Court Clarifies Employer's Burden of Proof

The Supreme Court clarifies the burden of proof in illegal dismissal cases and what constitutes abandonment of work.

Nogales v. People: When Obscene Files in Computers Are Forfeited Even Without Conviction

Supreme Court rules hard disks containing obscene materials are forfeited and destroyed under P.D. 969 even if criminal case is dismissed.

Just Compensation in Expropriation: Upholding Fair Market Value for Property Owners

Philippine Supreme Court affirms that just compensation in expropriation is based on fair market value, not tax or zonal valuations alone.

Ethical Boundaries for Court Employees: Simple Misconduct in the Philippines

A Supreme Court ruling on simple misconduct shows why court employees face exacting moral standards even in private life.

Accountability in Public Office: Understanding Malversation of Public Funds in the Philippines

The Supreme Court explains the elements of malversation of public funds and why restitution does not erase criminal liability for accountable officers.

Probationary Employee Rights: When Misclassification Makes You Regular From Day One

Learn how the Supreme Court protects probationary employees from unfair dismissal and when lack of clear standards makes you a regular employee.

Timely Transcript Submission: Court Stenographer Suspended for Delayed TSNs

Supreme Court suspends court stenographer for chronic TSN delays, underscoring that efficiency and compliance with Administrative Circular No. 24-90 are mandatory in the judiciary.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Destroyed Land Records

Supreme Court clarifies rules on reconstituting lost land titles when registry records were destroyed by fire, easing documentary requirements.

Reconstitution of Lost Titles: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies reconstitution of lost titles, ruling on evidence standards for owner's duplicate and ROD certifications under RA 26.

Disqualification vs. COC Cancellation: Timelines That Decide Election Cases

The Supreme Court clarifies the critical distinction between election disqualification petitions and petitions to cancel certificates of candidacy.

Bigamy Defenses, Double Jeopardy, and Private Prosecution: Key Lessons from Bangayan v. Bangayan

Explore the Supreme Court's ruling on bigamy, double jeopardy, and why only the Solicitor General can appeal an acquittal.

When Bank Officers Can Be Sued Personally: Lessons from Urban Bank v. Peña

The Supreme Court ruled that corporate officers cannot be held solidarily liable for corporate obligations without proof of bad faith or wrongdoing on their part.

Demurrage Recovery in the Philippines: How Subrogation Protects Payers

Learn how legal subrogation allows an indent representative to collect demurrage from a defaulting buyer, as ruled by the Supreme Court.

Personal Liability of Corporate Officers: When Are They Responsible for Company Debts

Philippine Supreme Court clarifies when corporate officers and directors can be held personally liable for corporate obligations and debts.

Reconveyance Action Is Imprescriptible When Owner Remains in Possession

Philippine Supreme Court ruling on when an action for reconveyance of property does not prescribe—key exception for owners in possession.

Establishing Filiation A Prerequisite FOR Child Support Claims IN THE Philippines

Philippine law requires proof of filiation before child support can be claimed. Learn the rules and legal process.

Unseen Crimes Unshakable Justice How Philippine Courts Use Circumstantial Evidence in Murder Cases

Philippine courts can convict of murder based on circumstantial evidence alone. Learn the rules and how the Supreme Court applies them.