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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 9937–9960 of 19,041 articles for “up”

Drug Sale Conviction Affirmed: Entrapment Evidence and Legal Presumptions in Shabu Cases

Supreme Court affirms drug sale and possession conviction, explaining buy-bust operations, entrapment evidence, and presumptions in Philippine drug cases.

Due Process in Employee Dismissal: Balancing Notice and Opportunity to Be Heard

Philippine Supreme Court clarifies the twin notice requirement in employee dismissal—opportunity to be heard, not actual hearing, is the essence of due process.

Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes

Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.

Lost Inheritance: Proving Kinship in Property Disputes

Philippine Supreme Court ruling on why heirs must prove kinship to claim inherited property, and the limits of Torrens title challenges.

Dropping from the Rolls for Unsatisfactory Ratings: Court Stenographer Case

Supreme Court affirms dropping a court stenographer from the rolls for two consecutive unsatisfactory performance ratings, citing public service demands.

Revocability of Irrevocable Powers of Attorney: Agrarian Reform Limits on Tenant Rights

Supreme Court clarifies when an irrevocable power of attorney over agrarian reform land may still be challenged and revoked.

Quasi-Delict Liability in Vehicular Accidents: What the Supreme Court Ruling Means

Learn how the Supreme Court applied quasi-delict rules in a vehicular accident case, clarifying negligence, vicarious liability, and damages.

Entrapment vs Instigation: When Buy-Bust Operations Are Valid in Philippine Drug Cases

Philippine Supreme Court explains the difference between valid entrapment and unlawful instigation in buy-bust operations, using Cruz v. People.

Statutory Rape: Protecting Children and Ensuring Due Process in Criminal Law

A father's conviction for statutory rape upheld, but due process requires every element—including relationship—be alleged in the information.

Ancestral Domain vs Public Land: Resolving Indigenous Land Claims in Forest Reservations

Supreme Court clarifies NCIP jurisdiction over ancestral land claims but upholds protection of forest reservations from private claims.

Retrenchment Requisites: When Economic Downturn Does Not Justify Dismissal

Philippine Supreme Court clarifies the strict requisites for valid retrenchment, including proof of losses and 30-day notice rules.

Treachery in Murder: What the Supreme Court Requires for Conviction

The Supreme Court clarifies treachery as a qualifying circumstance in murder, explaining what evidence proves it and why evident premeditation failed in this case.

Navigating Investment Incentives: The Finality of BOI Decisions and Appellate Procedure

The Supreme Court ruled that a denial of an income tax holiday by the Board of Investments must be appealed to the Court of Appeals, not the Office of the President.

Supervisory Negligence: Clerks of Court Held Accountable for Monitoring Court Funds

Philippine Supreme Court holds clerks of court liable for simple neglect of duty for failing to supervise a cashier who misappropriated court funds.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Who May File Libel Cases: City Prosecutor vs Provincial Prosecutor

Supreme Court rules on which prosecutor has authority to file libel Informations, and why a wrong prosecutor's filing is a fatal jurisdictional defect.

Substituted Service in Labor Cases: Balancing Due Process and Efficient Resolution

The Supreme Court clarifies the rules on substituted service in labor cases, balancing due process rights with the need for efficient resolution.

Documentary Stamp Tax: Passbooks for High-Interest Savings Accounts Are Taxable

The Supreme Court ruled that passbook-evidenced high-interest savings accounts are taxable certificates of deposit under the documentary stamp tax law.

Defining Regular Employment: The Case of Dealco Farms and the Comboys

The Supreme Court clarifies the test for regular employment under Philippine labor law, emphasizing the employer's business nature and the employee's role.

Breaking the Chain: How Involuntary Interruptions Allow a Fourth Term Despite Term Limits

The Supreme Court explains when an involuntary break in service resets the three-term limit for local officials under Philippine law.

Forged Deeds and Good Faith Purchasers: Protecting Land Ownership in the Philippines

The Supreme Court explains when a forged deed can still produce a valid title—and when buyers lose the protection of the Torrens system.

Attorney-Client Relationship and Disbarment: When Personal Transactions Do Not Trigger Professional Liability

Supreme Court clarifies that free legal advice incidental to personal dealings does not establish attorney-client relationship for disbarment purposes.

Drug Sale Conviction Upheld: Minor Inconsistencies Do Not Undermine Police Testimony

The Supreme Court affirms drug sale and possession convictions, ruling that minor inconsistencies in police testimony do not impair credibility.

Ombudsman's Discretion in Establishing Undue Injury in Anti-Graft Cases

Supreme Court explains when delay in resolving a complaint constitutes