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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 10633–10656 of 19,041 articles for “up”

Habitual Absenteeism in the Judiciary: When Health Issues Mitigate Penalties

The Supreme Court clarifies when illness can mitigate the penalty for habitual absenteeism, balancing employee welfare with the public trust doctrine.

Right to Counsel in Criminal Appeals: Due Process Beyond the Trial Court

The Supreme Court rules that the right to counsel extends to appeals, and gross lawyer negligence can excuse a missed appeal.

Marital Consent Is Key: Spousal Rights in Property Sales Under Article 124

Supreme Court voids a husband's sale of conjugal property without his wife's consent, explaining Article 124 of the Family Code.

Writ of Possession After Foreclosure: What Buyers at Auction Must Know

The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.

Debt Default by a Court Employee: Upholding Ethical Conduct in the Judiciary

A Philippine Supreme Court ruling shows that a court employee's unpaid debt is not just a private matter but conduct unbecoming a public servant.

Piercing the Corporate Veil: Personal Jurisdiction Over Sole Proprietorships in Philippine Courts

Philippine Supreme Court clarifies that sole proprietorships lack juridical personality, requiring suits against the owner personally for proper jurisdiction.

Marijuana Transportation AND Knowledge Upholding Convictions Under THE Dangerous Drugs ACT

Insurer's Inaction on Insurance Application: When Silence Means Approval

Supreme Court rules insurer's prolonged inaction on a group life insurance application amounts to approval, protecting insured parties from prejudice.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

Illegal Dismissal of Seafarers: Overtime Pay and Contractual Rights in the Philippines

Philippine Supreme Court ruling on seafarer illegal dismissal, salary for unexpired contract, and guaranteed overtime pay.

Memorandum Decisions and Due Process: When Adopting a Lower Court's Ruling Is Constitutional

The Supreme Court explains when a memorandum decision that adopts a lower tribunal's findings satisfies constitutional due process requirements.

Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination

Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Ethical Standards for Judges and Lawyers: Dismissal and Suspension for Gross Immorality

Supreme Court dismisses judge and suspends him from law practice for extramarital affair, reaffirming strict ethical standards for the judiciary and bar.

Upholding Judicial Efficiency A Judges Suspension FOR Repeated Delays IN Case Resolution

Protecting the Vulnerable: Statutory Rape and the Weight of a Child's Testimony

The Supreme Court affirms a statutory rape conviction, explaining why a six-year-old victim's testimony can suffice despite minor inconsistencies.

Ombudsman’s Disciplinary Authority: Ensuring Compliance and Immediate Execution

The Supreme Court affirms the Ombudsman’s full disciplinary power and the immediately executory nature of preventive suspension orders.

Rape Conviction Affirmed: Credibility of Child Victim and Damages Under RA 9346

The Supreme Court affirms a statutory rape conviction based on the credible testimony of a six-year-old victim, and adjusts penalties and damages.

Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements

Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.

Clerks of Court Must Uphold Procedural Rules and Avoid Ignorance of the Law

A clerk of court who accepts fatally defective motions violates basic procedural rules and faces administrative liability for ignorance of the law.

Plea Bargaining in Criminal Cases: When Courts Must Approve the Deal

The Supreme Court clarifies when trial courts must approve plea bargaining deals, using a Sandiganbayan case involving a municipal employee.

Striking a Balance When Employee Misconduct Doesnt Warrant Dismissal

Philippine Supreme Court ruling on when a court employee's overstepping of duties constitutes simple misconduct, not grounds for dismissal.

Self-Defense Rejected: How the Supreme Court Affirmed a Murder Conviction in People v. Villa

The Supreme Court affirmed a murder conviction in People v. Villa, ruling that self-defense failed because the accused was the aggressor and treachery qualified the killing.

Sheriff Dismissed for 4-Year Delay in Executing Writ and Misconduct

Supreme Court dismisses sheriff for gross neglect of duty and grave misconduct over delayed writ execution and mishandled sheriff's expenses.