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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 10777–10800 of 19,041 articles for “up”

Preliminary Mandatory Injunctions: Clear Right and Irreparable Injury Required

The Supreme Court explains when preliminary mandatory injunctions may issue, requiring clear rights and concrete proof of irreparable injury.

Certiorari Dismissed Untimely Appeals AND THE Finality OF Judgments

Explore how the Supreme Court upheld the dismissal of a Rule 65 petition, reinforcing the finality of judgments and the limits of certiorari.

Co-Ownership Consent and the Limits of Property Rights in the Philippines

One co-owner's consent cannot authorize construction on common property. The Supreme Court explains forcible entry rules in co-ownership disputes.

Finality of Judgments, Due Process, and Counsel's Negligence in Contract Rescission

A Supreme Court ruling on finality of judgments, due process, and counsel's negligence in a construction contract rescission case.

Timeshare Contracts and SEC Registration: What Buyers Should Know

Supreme Court clarifies that unregistered timeshare sales violate the Securities Act, and buyers may rescind such contracts.

Teachers Reassignment Balancing Rights AND Educational Needs

Explains when public school teachers may be validly transferred or reassigned, citing the Supreme Court ruling in Superintendent of City Schools v. Azarcon.

Register of Deeds Cannot Re-Annotate Liens Omitted from Reconstituted Titles

Supreme Court rules Register of Deeds lacks authority to re-annotate liens omitted from reconstituted Torrens titles; court petition required.

Navigating the Court Hierarchy When Directly Appealing to the Supreme Court in the Philippines

Philippine Supreme Court clarifies when direct petitions for certiorari are allowed, emphasizing the doctrine of hierarchy of courts.

Ejectment and the Torrens Title: Why a Church's Title Prevailed Over a Former Pastor's Claim

A Supreme Court ruling on ejectment, Torrens titles, and why procedural lapses may be excused to serve substantial justice.

Enforcing Contractual Obligations: Valid Payment and the Courts' Supervisory Role

When may a buyer rescind a timeshare contract? The Supreme Court clarifies registration rules, rescission periods, and appeal deadlines.

Upholding Property Rights: The Church's Right to Eject a Former Pastor

A pastor who stayed on church property after his license was revoked had to leave. The Supreme Court ruled the church's title prevails over self-serving claims.

BPI v. Reyes: Physical Evidence Prevails in Bank Deposit Dispute

Supreme Court explains preponderance of evidence in bank deposit disputes, ruling physical evidence outweighs bare testimony.

Hospital Liability for Consultant Doctors: The Doctrine of Apparent Authority

Philippine Supreme Court ruling on hospital liability for consultant physicians' negligence under apparent authority and corporate negligence doctrines.

Demurrer to Evidence: Insufficient Proof in Customs and Anti-Graft Cases Leads to Dismissal

When prosecution evidence fails to establish a prima facie case, a demurrer to evidence may lead to dismissal. The Supreme Court explains.

Dation in Payment: When Transferring Property Fully Settles a Debt

A bank accepted equipment as full payment of a loan, then sued for more. The Supreme Court explains when dation in payment extinguishes a debt.

Finality Prevails Withdrawing Appeal Bars Subsequent Modification of Judgment

Withdrawing an appeal makes a judgment final and executory. The Supreme Court explains why courts cannot later modify it.

Reasonable Doubt Prevails: Fair Trial Standards in Philippine Drug Cases

Supreme Court acquits drug suspect when buy-bust evidence is riddled with inconsistencies, reaffirming the presumption of innocence and the objective test.

Breach of Trust, Dishonesty, Misconduct, and Accountability in Public Service

The Supreme Court's ruling in Mangandingan v. Adiong on judicial misconduct, raffle manipulation, and accountability in public service.

Credibility of Witness Testimony in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on how victim credibility determines guilt beyond reasonable doubt in statutory rape cases.

Rape Conviction: Why Specificity in Criminal Charges and Evidence Matters

A look at People v. Zamoraga, where the Supreme Court affirmed a rape conviction, explaining how credible victim testimony and precise charges secure a guilty verdict.

Cohabitation and Ethical Standards: Defining Immorality in the Judiciary

Philippine Supreme Court clarifies when cohabitation by court employees amounts to grossly immoral conduct warranting administrative discipline.

Court Employee Dismissed for Gross Misconduct Over Bribe Demand

In Malabanan v. Metrillo, the Supreme Court held that resigning and a complainant's desistance do not bar administrative liability for gross misconduct.

Dishonored Checks AND Disciplinary Action Upholding Integrity IN Public Service

Rehabilitation Proceedings: The "Serious Financial Situation" Requirement for Corporate Recovery

Philippine Supreme Court clarifies the "serious situation test" for corporate rehabilitation petitions under the Interim Rules, citing Pryce Corporation v. Court of Appeals.