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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 14713–14736 of 19,045 articles for “up”

Judicial Authority and Limits: A Judge's Jurisdiction After Temporary Reassignment

Explaining the Supreme Court's ruling on a judge's notarial powers, the limits of judicial authority, and the importance of following SC Circular No. 1-90.

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

Murder Conviction and Sentencing in the Philippines: The Leoncio Lawa Case

How the Supreme Court affirmed a murder conviction and death penalty, explaining treachery, evident premeditation, and alibi in Philippine law.

Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines

A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.

Rape Charge Reduced to Acts of Lasciviousness Under the Child Abuse Law

When the prosecution failed to prove carnal knowledge, the Supreme Court convicted the accused of acts of lasciviousness under the Child Abuse Law instead of rape.

Contractual Obligations Prevail: Bank's Right to Offset Debts Despite Trustee-Beneficiary Claims

Supreme Court ruling on when a bank may validly apply a borrower's funds to settle debts, even amid trustee-beneficiary claims.

Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth

The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.

Upholding Contractual Obligations THE Importance OF Book Value IN Share Purchase Agreements

Child Witness Testimony in Murder Cases: When a Child's Word Can Convict

When can an eight-year-old's testimony convict in murder cases? The Supreme Court explains the rules on child witness credibility.

Notarial Duties: Judges Must Certify Lack of Lawyers and Remit Fees to Avoid Sanctions

Philippine Supreme Court ruling on judges acting as notaries public ex officio, their certification duties, and fee remittance requirements.

Due Process in Lawyer Discipline: Formal Investigation Required Before Sanctions

Supreme Court remands lawyer disciplinary case to IBP for formal investigation, underscoring that due process requires a full hearing before sanctions.

Judicial Accountability: The Duty of Judges to Decide Cases Promptly

Philippine Supreme Court holds judges accountable for undue delay in deciding cases, citing the constitutional duty to resolve matters within prescribed periods.

When a Child Testifies: Lessons from People v. Avendaño on Witness Credibility

The Supreme Court explains when a child's testimony is credible and how trial courts should weigh it in homicide cases.

The Particularity Requirement Balancing Privacy and Law Enforcement in Search Warrants

Supreme Court acquits in credit card fraud case, ruling that items not listed in a search warrant and not in plain view cannot be seized or used as evidence.

Judicial Temperament: Upholding Impartiality and Avoiding Bias in Court Proceedings

A judge's dismissal for gross misconduct and ignorance of law underscores the need for judicial temperament, impartiality, and restraint.

Conspiracy Unmasked When Silence Implies Guilt IN Murder AND Kidnapping Cases

The Supreme Court explains how circumstantial evidence and silence can establish conspiracy in murder and kidnapping cases.

Rape Conviction Intact Hymen AND THE Nuances OF Attempted VS Consummated Rape Under Philippine LAW

Philippine Supreme Court clarifies that an intact hymen does not negate consummated rape, and distinguishes attempted from consummated rape.

Judicial Accountability: The Duty to Decide Cases Promptly and the Price of Gross Inefficiency

The Supreme Court fined a retired judge P50,000 for gross inefficiency after he failed to decide 49 cases within the reglementary period.

Rape Conviction Affirmed: Why Victim Credibility and Corroborating Evidence Matter

Supreme Court affirms rape conviction, highlighting victim credibility, corroborating medical evidence, and mandatory civil indemnity in sexual assault cases.

Breach of Trust in Employment: When Loss of Confidence Justifies Termination

Explaining when Philippine employers may validly dismiss employees for breach of trust, based on a Supreme Court ruling on cashiers and tellers.

Union Registration Validity and Challenges in Philippine Labor Context

Philippine Supreme Court clarifies that a registered union's legal personality cannot be collaterally attacked in certification election cases.

Judicial Efficiency: Resolving Motions Within Prescribed Deadlines

The Supreme Court reminds judges that delaying motions beyond 90 days is gross inefficiency, as shown in Visbal vs. Buban.

Court Employee Reprimanded for Willful Failure to Pay Just Debts

The Supreme Court holds a judiciary employee liable for willful failure to pay debts, stressing that court personnel must uphold integrity in both public and private conduct.

Upholding Integrity: Court Employees' Duty to Safeguard Public Funds

A clerk of court's negligence in handling a cash bond leads to liability for simple neglect of duty, reinforcing the high standards of integrity required of court personnel.