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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 10153–10176 of 19,041 articles for “up”

Corporate Authority: When Can a President Bind a Corporation Without a Board Resolution

Philippine Supreme Court clarifies when a corporate president can sign pleadings and bind the company without a board resolution.

Breach of Contract vs Illegal Dismissal: When Labor Arbiters Have Jurisdiction

The Supreme Court clarifies when a breach of contract claim falls under labor arbiter jurisdiction in U-Bix v. Hollero.

Treachery and Unlicensed Firearms Raise Murder Penalty in Philippine Law

Philippine Supreme Court ruling on how treachery and unlicensed firearms affect murder liability, penalties, and damages.

When Can You Challenge a Default Judgment: Annulment and Due Process Explained

Learn when a default judgment can be annulled in the Philippines, including grounds like extrinsic fraud and lack of jurisdiction, based on a Supreme Court ruling.

Certiorari Denied: Why Skipping a Motion for Reconsideration Kills Your Appeal

Skipping a motion for reconsideration before filing a Rule 65 certiorari petition can be fatal. Learn the rules from a 2008 Supreme Court case.

Certification Against Forum Shopping: The High Cost of Non-Disclosure

Failure to disclose a related case in a certification against forum shopping can lead to indirect contempt. Learn from this Philippine Supreme Court ruling.

Public Office Ethics Improper Firearm Discharge AND Limits OF Misconduct Claims

Philippine Supreme Court ruling on constructive dismissal, retirement age, and limits of employer misconduct claims.

Homicide and Self-Defense: Burden of Proof and Mitigating Circumstances

A Philippine Supreme Court ruling explains why self-defense must be proven by the accused and how courts assess voluntary surrender and damages in homicide cases.

Upholding Court Dignity Limits to Criticism in Legal Advocacy

Court explains how criticism of judges must remain respectful; reckless attacks undermine judicial integrity and may be penalized.

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Ensuring Impartiality Upholding Raffle Rules IN Court Case Assignments

When Lawyers Issue Bouncing Checks: Administrative Liability Under Philippine Law

A lawyer who issues worthless checks faces suspension even after full payment. Learn the rules from a Supreme Court administrative case.

Honesty Matters: Dismissal for False Statements in Government Job Applications

The Supreme Court ruled that false declarations in a Personal Data Sheet constitute dishonesty and falsification, warranting dismissal from government service.

When Lawyers Fall Short: Disbarment for Gross Immoral Conduct

The Supreme Court disbarred a lawyer for abandoning his wife and children to cohabit with another woman, reaffirming that good moral character is a continuing requirement for membership in the bar.

Supreme Court on Homicide Conviction and Credibility of Witness Testimony

The Supreme Court upholds a homicide conviction, explaining how courts weigh witness credibility and medical evidence in criminal cases.

When a Counsel's Negligence Endangers Property: Balancing Technical Rules and Substantive Justice

A Supreme Court ruling shows that procedural lapses in an appellant's brief may be excused, but a drugstore's negligent dispensing of medicine still invites liability.

Judicial Admissions: When a Lawyer's Statement Binds the Client in Lease and Contract Disputes

Supreme Court ruling on judicial admissions, binding statements, and liability in contract disputes involving lost cargo and damages.

Tax Assessment Validity: Balancing Revenue Collection and Taxpayer Rights in Evidence Disputes

The Supreme Court clarifies that illegally obtained documents do not automatically invalidate tax assessments, balancing BIR collection powers with taxpayer protections.

Upholding Ethical Conduct Court Employee Penalized FOR Discourteous Behavior AND Misconduct

The Supreme Court ruled that a court employee's discourteous behavior and misconduct warrant disciplinary action, reaffirming strict ethical standards for judiciary personnel.

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

The Supreme Court explains the difference between valid buy-bust entrapment and a mere frame-up in drug cases, and what evidence convicts.

Lawyer Disbarred for Gross Immoral Conduct: Abandoning Wife and Children

Supreme Court disbars lawyer who abandoned his wife and 12 children to cohabit with another woman, ruling gross immoral conduct warrants the ultimate penalty.

Self-Defense and Treachery: Proving Guilt Beyond Reasonable Doubt in Philippine Criminal Law

How the Supreme Court rejected self-defense and upheld treachery in a murder conviction, explaining the burden of proof on accused persons.

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

Just Compensation for Power Line Easements: Full Market Value, Not 10% Cap

Philippine Supreme Court clarifies that power line easements may require full market value compensation, not the statutory 10% cap.