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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 15025–15048 of 19,045 articles for “up”

Supreme Court Affirms Insurer's Subrogation Claim in Quasi-Delict Case

The Supreme Court upholds an insurer's right to recover damages from a negligent driver and his employer, clarifying rules on quasi-delict liability and traffic violations.

Eyewitness Testimony vs Alibi: Lessons from People v. Mejares

In People v. Mejares, the Supreme Court affirmed a murder conviction, showing why positive eyewitness identification defeats alibi and denial in Philippine criminal law.

Employee vs Independent Contractor: How the Control Test Decides Labor Disputes

Philippine Supreme Court clarifies the control test in distinguishing employees from independent contractors, using a movie theater painter's illegal dismissal case.

Treachery in Criminal Law: Ensuring Justice for Victims of Unexpected Attacks

How the Supreme Court defined treachery in a Christmas Day killing, and why evident premeditation needs more than mere threats.

Rape and Incest: Consanguinity as an Aggravating Factor in Philippine Sexual Abuse Cases

Philippine Supreme Court ruling on incestuous rape, where a father's conviction was upheld but death penalty reduced to reclusion perpetua.

Custodial Responsibility Deliberate Failure to Return a Minor and the Boundaries of Trust

The Supreme Court clarifies when a custodian's failure to return a minor becomes a crime under Article 270 of the Revised Penal Code.

Sheriffs Duty to Give Reasonable Notice Before Eviction: The Manuel Case

When can a sheriff be liable for damages in an ejectment case? The Supreme Court explains the duty to give reasonable notice before enforcing a writ of execution.

Prescription and Laches Do Not Bar Registered Owners' Rights Under Torrens Title

Philippine Supreme Court ruling explains why prescription and laches cannot defeat a registered owner's rights under the Torrens system.

Victim Testimony in Philippine Criminal Cases: Why Credibility and Physical Evidence Decide Guilt

Philippine courts weigh witness credibility and physical evidence heavily. Learn how the Supreme Court affirmed convictions based on these factors.

Certiorari Denied: Why the Wrong Appeal Mode Kills Your Case

Learn why the Supreme Court dismissed a petition for certiorari as a wrong remedy, and how choosing the right appeal mode matters.

Union Registration and Legal Personality in Certification Election Cases

A union must strictly comply with registration requirements to gain legal personality for certification elections. The Supreme Court explains the rules.

Incestuous Rape: Moral Ascendancy as Intimidation and General Dates in Informations

Philippine Supreme Court ruling on incestuous rape clarifies moral ascendancy as intimidation and the validity of general dates in criminal informations.

Finality of Compromise Agreements: Binding Share Valuation in Corporate Disputes

Philippine Supreme Court ruling on compromise agreements, finality of appraisals, and binding share valuation in corporate disputes.

Union Registration Mixed Composition Bars Legal Standing In Labor Disputes

A union with mixed supervisory and rank-and-file members lacks legal personality to file petitions in labor disputes.

The Weight of Eyewitness Testimony: Positive Identification vs. Alibi in Murder Cases

How the Supreme Court weighed eyewitness identification against alibi and duress claims in a murder case, affirming convictions.

Preventive Suspension Limits and Employee Rights in Philippine Administrative Law

When can a 90-day preventive suspension be extended? The Supreme Court clarifies employee rights and the limits of disciplinary authority.

When Police Officers Face Summary Dismissal: Due Process and the Limits of Extraordinary Remedies

A police officer's summary dismissal for extortion upheld despite dismissal of criminal case; certiorari and mandamus cannot substitute for appeal.

Delayed Remittances Upholding Honesty AND Integrity IN Public Office

A clerk of court was fined for delayed remittances of judiciary funds, underscoring the high standard of honesty and integrity in public office.

Credibility in Rape Cases: How Minor Inconsistencies Don't Undermine Conviction

Philippine Supreme Court ruling on how minor inconsistencies in a rape victim's testimony do not defeat conviction when credibility is established.

Reasonable Doubt Prevails When Inconsistencies and Recanted Testimony Lead to Acquittal in Rape Cases

When a rape victim's testimony has material inconsistencies, plus evidence of frame-up and a recanted affidavit, reasonable doubt may compel acquittal.

Circumstantial Evidence Sufficiency Convicting Accused IN Rape With Homicide Cases

When can circumstantial evidence convict in rape with homicide? The Supreme Court explains the rules in People v. Gannaban.

Statutory Rape: Why Pleading Qualifying Circumstances in the Information Matters

A Supreme Court ruling shows why prosecutors must allege both the victim's minority and relationship to the accused to justify the death penalty.

Incestuous Rape: Why Explicit Allegations Matter for the Death Penalty

The Supreme Court acquits a stepfather of rape, stressing that material inconsistencies in the victim's testimony and evidence of frame-up defeat conviction.

Limits of Employer Discipline: Union Office Rules and Employee Rights

Supreme Court ruling on when an employee's violation of company rules may still not justify dismissal, balancing management authority and union rights.