From the library

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.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 11185–11208 of 19,041 articles for “up”

Upholding Employer Authority: Willful Disobedience and Seafarer Dismissal in the Philippines

Philippine Supreme Court ruling on willful disobedience as valid cause for seafarer dismissal, with due process indemnity explained.

Procedural Lapses and Employee Reinstatement: Balancing Justice and Technicalities in Labor Disputes

A Supreme Court ruling on how procedural lapses in labor cases should not defeat substantive justice, and the rules on immediate reinstatement pending appeal.

Judicial Accountability: A Judge’s Duty to Expedite Case Resolutions and Supervise Court Personnel

The Supreme Court reminds judges of their duty to expedite case resolutions and supervise court personnel, emphasizing accountability in administrative proceedings.

Jurisdictional Estoppel When Active Participation Bars Jurisdictional Challenges

The Supreme Court rules that active participation in SEC proceedings bars later jurisdictional challenges, and clarifies the mandatory tender offer rule.

Mandatory Tender Offers and Indirect Acquisitions: Protecting Minority Shareholders

The Supreme Court ruled that indirect acquisitions triggering control of a public company are subject to the mandatory tender offer rule.

Rape Conviction Affirmed: Force, Not Consent, Decides Gang Rape Case

Supreme Court affirms gang rape convictions, ruling that force was present despite defense claims of consent and victim's reputation.

Mandatory Tender Offers Protecting Minority Shareholders In Indirect Acquisitions

Philippine Supreme Court ruling that indirect acquisitions triggering control of a public company require a mandatory tender offer.

Protecting the Vulnerable: Rape of a Mentally Retarded Person and the Weight of Eyewitness Testimony

The Supreme Court affirms rape conviction where a mentally retarded victim was sexually assaulted, relying on eyewitness testimony and medical evidence.

Barangay Official Removal: Due Process and Immediate Execution Under the Local Government Code

Learn how the Supreme Court clarified that decisions removing barangay officials are immediately executory, despite the right to appeal.

Independent Assessment Prevails: Dismissal Based Solely on DOJ Resolution Is Grave Abuse of Discretion

Philippine Supreme Court rules trial courts must independently assess evidence before granting motions to withdraw information, not merely adopt DOJ resolutions.

Ombudsman's Power to Discipline: Not Merely Recommendatory Under Philippine Law

The Supreme Court clarifies that the Ombudsman's disciplinary authority over public officials is direct and enforceable, not merely recommendatory.

Reconstitution of Lost Titles: Supreme Court Clarifies Standards in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies rules on reconstitution of lost certificates of title, balancing strict compliance with practical realities of destroyed land records.

Clerk of Court Liability for Lost Evidence: Custody Duties Explained

When a clerk of court loses evidence in his custody, the Supreme Court clarifies administrative liability for unauthorized transfers.

Habeas Corpus and Deportation: When Courts Overstep Immigration Authority

A Supreme Court ruling on when courts may not interfere with Bureau of Immigration deportation orders through habeas corpus petitions.

Tax Refund Claims Strict Compliance Prevails Over Liberal Interpretation

The Supreme Court affirms that tax refund claims require strict compliance with the written claim requirement, rejecting liberal interpretation.

Just Compensation in Agrarian Cases: Courts Must Follow DAR Valuation Formula

Philippine Supreme Court reminds courts that just compensation in agrarian reform cases must follow the DAR formula, not merely adopt neighboring land prices.

Just Compensation in Agrarian Reform: The Mandatory DAR Valuation Formula

Philippine Supreme Court ruling on just compensation in agrarian reform, explaining why courts must apply the DAR valuation formula under RA 6657.

Rape Conviction Upheld: Intimidation and Consent in Familial Abuse Cases

Philippine Supreme Court clarifies how intimidation works in rape cases involving family members, upholding a brother-in-law's conviction for two counts of qualified rape.

Psychological Incapacity in Marriage Nullity: Burden of Proof and Evidence Rules

Philippine Supreme Court clarifies psychological incapacity evidence rules under Article 36 Family Code, including burden of proof and expert testimony requirements.

Establishing Landlord-Tenant Relationship: The Core of Ejectment Suits in the Philippines

A landlord-tenant relationship is essential in ejectment cases. The Supreme Court explains who may file an unlawful detainer suit.

Prior Possession vs Ownership: Resolving Property Disputes in the Philippines

Philippine Supreme Court clarifies the distinction between forcible entry, accion publiciana, and accion reivindicatoria in property disputes.

Lowest Bidder Rights: When a Bidder Is Entitled to a Government Contract

The Supreme Court clarifies that being the lowest bidder does not automatically entitle a bidder to a government contract award.

Fortuitous Events and Loan Obligations: DBP vs. Spouses Calina

A typhoon destroyed a financed fishing boat, but the borrowers still had to repay their loan. The Supreme Court explains why.

Presidential Authority and Government Reorganization Scope and Limitations

The Supreme Court affirms the President's broad power to reorganize executive departments, citing constitutional control, statutory grants, and good faith requirements.