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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 8809–8832 of 19,040 articles for “up”

Breach of Trust Employee Dismissal Upheld for Unauthorized Sale of Company Assets

Supreme Court rules on when unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

Self-Defense vs Murder: Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in murder cases, focusing on unlawful aggression as its primordial element.

Breach of Public Trust: Accountability for Mismanaged Court Funds in the Philippines

The Supreme Court affirms COA's power to disallow irregular allowances and expenses of government officials, upholding public purpose requirements.

Sheriffs' Duty of Care in Implementing Writs: Lessons from Tomboc v. Velasco

When a sheriff demolishes the wrong property, who pays? The Supreme Court clarifies sheriffs' duty of diligence in writ implementation.

Balancing Justice and Procedure: When Technicalities Yield to Equity in Appeals

The Supreme Court clarifies when procedural rules prevail over equitable arguments in criminal appeals involving the Ombudsman.

When Can Courts Relax Procedural Rules? The Go v. Chaves Appeal Ruling

The Supreme Court reinstates an appeal dismissed on technical grounds, explaining when courts may relax procedural rules in the interest of substantial justice.

Stepfather Convicted of Statutory Rape and Acts of Lasciviousness

The Supreme Court affirms the conviction of a stepfather for statutory rape and acts of lasciviousness against his minor stepdaughter, clarifying penalties and damages.

When Death and Procedural Choices End Criminal Complaints: The ABS-CBN v. Ombudsman Case

Explaining how the Supreme Court applied the Bayotas rule on death of respondents and why procedural choices in filing claims can affect criminal complaints.

Condonation by Reelection Does Not Cover Appointive Officials, Supreme Court Rules

The Supreme Court held that the condonation doctrine, which spares reelected officials from liability for prior misconduct, does not extend to appointive officials.

When Oversight Falters: Judicial Error and the Limits of Discretion in Public Office

The Supreme Court clarifies that the condonation doctrine applies only to reelected elective officials, not to reappointed appointive officers found guilty of simple neglect of duty.

Conspiracy and Kidnapping for Ransom: Defining the Boundaries of Criminal Liability in the Philippines

Philippine Supreme Court ruling on conspiracy in kidnapping for ransom cases, explaining when co-accused share criminal liability and how courts prove agreement.

Entrapment or Illegal Inducement: The Fine Line in Buy-Bust Operations

The Supreme Court clarifies when a buy-bust operation is valid entrapment versus instigation, and why the chain of custody still matters.

Kidnapping for Ransom: Conspiracy and Defense of Duress Under Philippine Law

Philippine Supreme Court clarifies conspiracy and duress defenses in kidnapping for ransom cases, affirming convictions of co-accused.

Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights

Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.

Breach of Contract: The Necessity of Specificity in Contractual Violations

Philippine Supreme Court ruling on why a party terminating a contract must specify which provisions were violated, or face liability for breach.

Midnight Appointments and the Judiciary: The De Castro Ruling on the Constitutional Ban

The Supreme Court explains why the ban on midnight appointments does not apply to judicial posts, including the Chief Justice.

Trademark Rights in the Philippines: Prior Use vs. Registration Explained

Philippine Supreme Court ruling on whether trademark rights come from prior use or registration, and why distributors cannot own the marks they sell.

Executive Power vs Legislative Authority: Redefining Agency Functions and Security of Tenure

The Supreme Court upholds the President's power to reorganize executive agencies, clarifying limits on security of tenure claims.

Cyber Harassment: Defining Violence Against Women Through Digital Means in the Philippines

The Supreme Court ruled that sending a manipulated nude photo via cellphone constitutes violence against women under R.A. 9262, even as a single act.

Protecting the Vulnerable: Upholding Convictions in Statutory Rape Cases Despite Familial Settings

The Supreme Court affirms a stepfather's statutory rape conviction, ruling that a child victim's failure to resist or shout does not negate rape.

Reversion of Public Land: Only the Government Can Sue

The Supreme Court rules that only the government, through the Office of the Solicitor General, may file an action for reversion of public land.

When Pawnshops Were Exempt From VAT: TFS, Inc. v. CIR

A 2010 Supreme Court ruling cancelled a pawnshop's deficiency VAT assessment and relaxed procedural rules to prevent unjust enrichment.

Establishing Illegal Dismissal: The Employee's Burden to Prove Dismissal First

Employees must first prove they were dismissed before employers must justify termination. A Supreme Court ruling explains the evidence required.

Agency and Authority: Why a Written Mandate Is Paramount in Real Estate Sales

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.