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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 9289–9312 of 19,040 articles for “up”

Respecting Final Judgments: The Imperative of Closure in Legal Proceedings

Explore the Supreme Court's ruling in Ibasco v. PDCP on finality of judgments, timely appeals, and the limits of injunctive relief in foreclosure cases.

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Credibility of Eyewitness Testimony in Murder Convictions: People v. Dela Cruz

The Supreme Court affirms a murder conviction based on eyewitness testimony, explaining rules on credibility, alibi, treachery, and damages.

Writ of Possession Denied When Third Party Holds Property Adversely to Mortgagor

Supreme Court clarifies when a bank cannot get a writ of possession after foreclosure—when a third party holds the property under an adverse title.

Forged Signatures and Fraud: Establishing Liability for Estafa Through Falsification

How the Supreme Court affirmed a conviction for estafa through falsification when forged bank encashment slips were used to withdraw another's funds.

Circumstantial Evidence in Rape Cases: Proving Guilt Beyond Reasonable Doubt

The Supreme Court explains how circumstantial evidence can establish rape beyond reasonable doubt, even when the victim was unconscious during the assault.

When Falsified Encashment Slips Lead to Estafa: Lessons from People v. Domingo

The Supreme Court affirms a conviction for estafa through falsification of commercial documents, clarifying the elements and penalties involved.

Dereliction OF Duty Upholding Public Service Standards IN THE Judiciary

Dismissal for Absence Without Leave: Upholding Public Service Integrity

Court stenographer dropped from rolls for prolonged AWOL and unauthorized foreign travel. Learn the rules on absences without leave in Philippine public service.

Second Chance Appeals: COMELEC's Duty to Allow Correction of Election Fee Payments

A Supreme Court ruling clarifies when corporate officers may be held personally liable for a corporation's unpaid obligations under the Corporation Code.

Abandonment of Duty, Unauthorized Absences, and the Doctrine of Dropping From the Rolls

Philippine Supreme Court explains when a court employee may be dropped from the rolls for AWOL and unauthorized foreign travel.

Delayed Delivery and Rescission Rights in Pre-Selling Condominium Contracts

The Supreme Court held that a developer's failure to deliver a pre-selling condominium unit on time entitles the buyer to a refund of payments with interest.

Right of Way Cannot Be Acquired by Continuous Use Alone; Title or Written Agreement Required

Philippine Supreme Court ruling: easement of right of way is discontinuous, cannot be acquired by prescription or mere continuous use.

Upholding Integrity: Dismissal of Court Personnel for Fraudulent Retirement Benefit Release

The Supreme Court dismissed and disciplined court personnel who facilitated the fraudulent release of a dismissed judge's P1.55-million retirement gratuity.

Due Process and Representation: The Solicitor General's Role in Criminal Appeals

A criminal appeal decided without the Solicitor General's participation violates due process. The Supreme Court explains why.

Upholding Ethical Standards: Dismissal for Lascivious Acts and Workplace Misconduct

Court employee dismissed for kissing a co-worker and reporting drunk. The Supreme Court affirms strict ethical standards for judiciary personnel.

Corporate Officer Liability for Bad Faith Under Section 31 of the Corporation Code

When can corporate officers be personally liable for corporate obligations? The Supreme Court explains bad faith and gross negligence under Section 31.

Habitual Absenteeism in the Philippine Judiciary: What the Supreme Court Says

Explore how the Supreme Court treats habitual absenteeism among judges and court personnel, and the disciplinary consequences under Philippine law.

Supreme Court on Sandiganbayan Appeals: Credibility Findings Bind Review

Learn how the Supreme Court limits appeals from the Sandiganbayan to questions of law, and why witness credibility findings are conclusive.

Protecting the Vulnerable: Rape Conviction Upheld for Abuse of a Mentally Retarded Woman

Supreme Court affirms rape conviction of a man who sexually abused a mentally retarded woman, clarifying rules on witness credibility and insanity defenses.

Chain of Custody in Drug Cases: When Substantial Compliance Suffices for Conviction

Explaining the Supreme Court's ruling in People v. Rusiana on chain of custody, substantial compliance, and conviction for illegal sale of drugs.

Temperate Damages in Construction Breach: When Proof of Loss Falls Short

Philippine Supreme Court explains when courts award temperate damages instead of actual damages in construction contract breaches.

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Gender Equality in Retirement: Challenging Discriminatory Collective Bargaining Agreements

When can a flight attendant challenge a discriminatory retirement age in court? The Supreme Court clarifies jurisdiction over CBA provisions.