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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 10993–11016 of 19,041 articles for “up”

Negligence vs Gross Negligence in Medical Malpractice: The Ilao-Oreta Standard

The Supreme Court clarifies the distinction between ordinary negligence and gross negligence in medical malpractice, and when damages may be awarded.

Jurisdiction Over Foreign Corporations and Proper Summons in Philippine Courts

Philippine Supreme Court clarifies when foreign corporations are "doing business" and how summons must be served on them.

Guilt Beyond Reasonable Doubt Affirming Conviction Despite Co-Conspirators' Acquittal

Conviction of one conspirator can stand despite acquittal of co-accused, as the Supreme Court affirms in People v. Dulay.

Eminent Domain and Just Compensation: Why Courts—Not Agencies—Fix Fair Value

Supreme Court clarifies that RTCs, not DAR adjudicators, have original jurisdiction over just compensation in agrarian expropriation cases.

When Landlocked Property Demands Passage: Establishing a Legal Right of Way in the Philippines

Philippine law allows landlocked owners to demand a right of way, but only after meeting four strict requirements. Learn the rules from a Supreme Court ruling.

Guilty Plea Improvidence Evidence Trumps Error IN Child Rape Case

Supreme Court clarifies when an improvident guilty plea in a capital offense does not invalidate a rape conviction.

Compressed Workweek Legality in the Philippines: Economic Downturn vs. Workers' Rights

The Supreme Court ruled that a company cannot cut workdays to three per week just because it suffered losses—financial hardship must be proven with convincing evidence.

The Fresh Period Rule: Reinterpreting Appeal Deadlines for Fair Adjudication

The Supreme Court clarifies the fresh period rule, allowing appeals within 15 days from denial of reconsideration, promoting substantial justice.

Bail and State Witness Rules in Murder and Parricide Cases: The Valerio Case

The Supreme Court clarifies when bail may be denied and when an accused may be discharged as state witness in murder and parricide cases.

Contractual Obligations and Third Party Rights in Property Lease Disputes

Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.

Salary Reclassification in Government: Actual Duties vs Official Position

Philippine Supreme Court ruling on whether actual duties or official position title governs government salary reclassification under EO 189.

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.

Upholding Integrity: Dishonesty in Public Service Leads to Dismissal

A court utility aide who stole and encashed a colleague's check is dismissed for gross dishonesty and grave misconduct, even after the complainant desisted.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Default Judgments in Ejectment Cases: Upholding Due Process and the Rules of Summary Procedure

Learn how the Supreme Court protects due process in ejectment cases, emphasizing strict adherence to procedural rules and the proper grounds for default judgments.

Rape Conviction Upheld Despite Victim's Mental Incapacity: People v. Constantino

The Supreme Court affirmed a rape conviction where the victim had the mental age of a child, clarifying that mental incapacity negates consent under Philippine law.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.

Debt-to-Equity Conversions and Stockholder Rights in Sequestered Corporations

The Supreme Court clarifies that ordinary courts lose jurisdiction over disputes involving sequestered corporations, which must be heard by the Sandiganbayan.

Reasonable Doubt and Prior Inconsistent Actions in Philippine Rape Cases

How the Supreme Court weighed credibility, prior sexual history, and the sweetheart defense in a rape conviction.

Government Liability When Illegal Land Seizure Requires Just Compensation

Supreme Court ruling on government liability for illegally seized property, default judgments, and limits on monetary awards.

Burden of Proof in Illegal Dismissal Cases: Employer's Duty to Certify Illness

In Duterte v. Kingswood Trading, the Supreme Court held the employer, not the worker, must prove that illness justified a dismissal.

Duterte v. Kingswood: Burden of Proof in Disease-Based Dismissals

Philippine Supreme Court clarifies that employers, not employees, must secure a health authority certification to validly terminate on disease grounds.

Mandatory Foreclosure: GFIs Must Verify Borrower Payments Before Proceeding

Supreme Court ruling on P.D. 385: government financial institutions must verify borrower payments before mandatory foreclosure.