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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 14689–14712 of 19,045 articles for “up”

The Perils of Premature Enforcement: Upholding Jurisdictional Boundaries in Contract Disputes

Philippine Supreme Court ruling clarifies when execution pending appeal is proper, who decides if an appeal is dilatory, and the limits of trial court authority.

The Torrens System Under Fire: Protecting Land Titles From Collateral Attack in Property Disputes

The Supreme Court reaffirms that Torrens titles cannot be collaterally attacked, requiring a direct action to cancel them.

Treachery Defined: How Sudden Attack Establishes Guilt Beyond Reasonable Doubt in Murder Cases

The Supreme Court explains treachery as sudden, unexpected attack and clarifies rules on unlicensed firearms, penalties, and damages in murder cases.

Due Process in Land Disputes: Why Fair Resurveys Matter for Property Owners

The Supreme Court reminds courts that relocation surveys in land disputes must respect due process—both parties need notice and representation.

Accountability in Public Service: Delay in Remittance of Funds and Its Consequences

The Supreme Court rules on grave misconduct for delayed remittance of fiduciary funds by court personnel, emphasizing strict accountability in public service.

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.

Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases

The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.

Withdrawing a Criminal Appeal: When the Supreme Court May Allow It

The Supreme Court explains when a convicted person may withdraw an appeal, and why it granted withdrawal in a rape case despite the prosecution's opposition.

Co-Ownership and Unauthorized Sales: Property Rights Under Article 493

A co-owner may sell only their own share. Learn how the Supreme Court protected heirs' rights in Coronel v. Constantino.

Self-Defense vs. Unlawful Aggression: When Homicide Is Not Murder in Philippine Law

The Supreme Court clarifies when a killing is homicide, not murder, and why a weak self-defense claim fails in this Philippine case.

Corporate Rehabilitation Stockholder Approval: When a Majority Vote Suffices

Philippine Supreme Court clarifies when corporate rehabilitation petitions need only majority stockholder approval, not two-thirds vote.

Executive Power vs Legislative Domain: Defining Reorganization Authority in Philippine Sports Governance

A 2003 Supreme Court ruling on EO 81 clarifies the President's power to reorganize the Executive Branch and transfer agency functions.

Protecting the Vulnerable: Upholding the Death Penalty for Rape of a Child Under Seven

The Supreme Court affirms the death penalty for the rape of a six-year-old child, clarifying rules on child testimony and proof of age.

Unlawful Arrests and Illegal Drug Evidence: Safeguarding Constitutional Rights

When police act on tips without warrants, arrests and drug evidence may be invalid. Learn from a Supreme Court ruling.

Incestuous Rape: Proving Each Count Beyond Reasonable Doubt

The Supreme Court clarifies that in incestuous rape cases, each separate charge must be proven beyond reasonable doubt, not just the overall pattern of abuse.

Certifying Authenticity Attorneys Responsibility AND THE Limits OF Notarial Power

A lawyer who certifies true copies of documents notarized by another commits gross misconduct, the Supreme Court rules.

Judicial Conduct: Withdrawing a Complaint Does Not Bar Investigation of Erring Court Personnel

Learn how the Supreme Court ruled that withdrawing a complaint does not stop disciplinary action against erring court personnel or lawyers.

Limits on Pre-Proclamation Controversies: Challenging Ballot Box Security in the Philippines

The Supreme Court held that missing padlocks on ballot boxes are not a valid pre-proclamation issue, limiting challenges to the face of the election returns.

Upholding Due Process: Strict Adherence to Summary Procedure Timelines in Philippine Courts

Philippine courts must strictly follow summary procedure timelines. Learn how the Supreme Court enforces these deadlines to ensure speedy justice.

Eyewitness Identification and Proof Beyond Reasonable Doubt: People v. Limpangog

The Supreme Court acquits an accused where eyewitness identification is unreliable, reaffirming that the prosecution must prove identity beyond reasonable doubt.

Rape Convictions: Each Count Needs Separate Proof Beyond Reasonable Doubt

The Supreme Court clarifies that each rape count is a distinct crime requiring separate proof, acquitting the accused on one count.

Treachery and the Element of Surprise: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains how sudden, unprovoked attacks constitute treachery, qualifying killings as murder and frustrated murder.

Agency and Real Estate Sales: The Necessity of Written Authority

Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.

Distinguishing Murder from Kidnapping: Intent to Kill vs Deprivation of Liberty in Philippine Law

Philippine Supreme Court clarifies the line between murder and kidnapping, focusing on intent to kill versus deprivation of liberty.