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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 15121–15144 of 19,299 articles for “eme”

How Youth and Voluntary Surrender Affect Criminal Liability in the Philippines

A Supreme Court ruling clarifies when voluntary surrender is a mitigating circumstance and how self-defense claims are judged.

Constructive Dismissal vs. Abandonment: Protecting Employee Rights in the Philippines

The Supreme Court clarifies the distinction between constructive dismissal and abandonment in Globe Telecom v. Florendo-Flores, protecting employee rights.

Indefinite Lease Agreements Upholding Mutuality AND Preventing Unilateral Rent Hikes

When can a lessor raise rent on an indefinite lease? The Supreme Court explains mutuality and rent increase limits.

When Treachery Isn't Alleged: Murder Reduced to Homicide in People v. Emperador

Philippine Supreme Court ruling that treachery must be alleged in the information to qualify killing as murder, reducing conviction to homicide.

Reassessing Criminal Liability From Murder to Homicide Based on Evidentiary Standards

Philippine Supreme Court clarifies when murder may be reduced to homicide, emphasizing proof of treachery and evidentiary standards in criminal appeals.

Rape Intimidation Nullifies the Need for Physical Resistance

Philippine Supreme Court ruling explains how intimidation with a deadly weapon satisfies the force requirement in rape, negating the need for physical resistance.

Resolving Conflicting Supreme Court Decisions: The Doctrine of Law of the Case

When two Supreme Court divisions issue conflicting final rulings, the en banc resolves the impasse. Learn the law of the case doctrine.

Certiorari Dismissed: Grave Abuse of Discretion and Hierarchy of Courts in IP Disputes

Supreme Court clarifies that certiorari cannot correct errors of judgment, and direct resort to the Court violates the hierarchy of courts.

Security of Tenure Prevails: Land Sales Do Not Override Tenant Rights Under Agrarian Reform

Philippine Supreme Court ruling on how land sales cannot override tenant rights and security of tenure under agrarian reform laws.

Frame-Up Defense in Drug Cases: When Courts Uphold Police Testimony

Philippine Supreme Court explains why the frame-up defense rarely succeeds in drug possession cases and how courts assess police credibility.

Rape Conviction Affirmed: Force, Intimidation, and the Credibility of the Victim

The Supreme Court affirms a rape conviction, explaining how force and intimidation satisfy the elements of the crime under the Revised Penal Code.

Theft Conviction Affirmed: Eyewitness Testimony vs. Alibi in Philippine Law

Philippine Supreme Court ruling on theft conviction, eyewitness credibility, conspiracy, and alibi defenses explained in plain language.

Stay of Execution, Conflicting Supreme Court Rulings, and Employee Rights in the Philippines

When two Supreme Court divisions issue conflicting final rulings, which prevails? The En Banc clarifies the law of the case doctrine and its impact on property and employee rights.

Reviving the Pursuit of Justice: Prescription in Anti-Graft Cases and the Ombudsman's Duty

The Supreme Court clarifies prescription rules for anti-graft cases and the Ombudsman's duty to investigate, not dismiss, based on valid laws.

Untangling Behest Loans, Prescription, and the Ombudsman's Discretion in PCGG v. Desierto

The Supreme Court clarifies when behest loan cases prescribe and limits the Ombudsman's dismissal power in PCGG v. Desierto.

Death Penalty Moratorium: The Supreme Court's Stance on Legislative Influence and Execution

The Supreme Court rules that pending bills in Congress cannot justify staying death sentences, reaffirming the constitutionality of the death penalty.

Estafa Conspiracy, Acquittal, and Civil Liability: Key Lessons from a Philippine Supreme Court Ruling

A look at how the Supreme Court treated conspiracy in estafa, the effect of acquittal on civil liability, and the strict deadlines for appeals.

Rape Conviction Affirmed Despite Date Discrepancy Protecting Victims AND Ensuring Justice

Learn how the Supreme Court upheld a rape conviction despite a date discrepancy in the information, protecting victims and ensuring justice.

When Compadre Ties Cant Rewrite A Mortgage Upholding Contractual Agreements IN Foreclosure Cases

Interest Rate Clarity Ensuring Written Agreements Govern Loan Terms

The Supreme Court held that absent a written stipulation, a loan’s agreed interest rate stops at maturity, and 12% legal interest applies thereafter.

Positive Identification Over Alibi: How Philippine Courts Establish Guilt in Murder Cases

In a 2002 murder ruling, the Supreme Court explained why positive identification prevails over alibi and denial, and how damages for loss of earning capacity are computed.

Government Contracts Void When Bid Exceeds Congressional Appropriation

Supreme Court rules a winning bidder cannot compel a government agency to formalize a contract when the bid exceeds the amount appropriated by Congress.

Sale vs Promise to Sell: When Ownership Passes in Real Estate Deals

Philippine Supreme Court clarifies the difference between a contract of sale and a promise to sell, and when ownership actually transfers to the buyer.

Treachery and Criminal Liability: Ensuring Justice for Victims of Sudden Attacks in Philippine Law

The Supreme Court clarifies when treachery qualifies a killing as murder, the rules on warrantless arrests, and the consequences of failing to object to inadmissible evidence.