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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 15577–15600 of 19,045 articles for “up”

Positive Identification Over Alibi: When Witness Testimony Prevails in Murder Cases

The Supreme Court explains why positive identification by eyewitnesses outweighs alibi and denial in murder cases, affirming a conviction for treachery.

Parental Authority and Rape: Why Minority Must Be Alleged in Qualified Rape Cases

A Supreme Court ruling explains why a father's conviction for raping his daughter was reduced from death to reclusion perpetua when her minority was not alleged.

Negligence and Evidence: How Philippine Courts Determine Liability in Quasi-Delict Cases

Learn how Philippine courts weigh evidence in quasi-delict cases, using Supreme Transliner v. Brazal to explain negligence and liability rules.

Judicial Ethics: Upholding Moral Standards and Avoiding Impropriety in the Judiciary

The Supreme Court fined a judge P40,000 for immorality and conduct unbecoming after he facilitated the employment of three minors as guest relations officers.

Intrafamilial Rape: Proving Guilt and the Nuances of Consent and Evidence

A father's rape conviction upheld on appeal, clarifying evidence rules, consent issues, and penalty requirements in incestuous rape cases.

Conviction Upheld on Circumstantial Evidence in Carnapping-Murder Case

The Supreme Court explains when circumstantial evidence suffices for conviction and why unproven aggravating circumstances mean reclusion perpetua, not death.

Credibility of Rape Victim's Testimony: Supreme Court on Conflicting Evidence and Behavioral Expectations

The Supreme Court affirms a rape conviction, explaining why a victim's testimony prevails over alibi and why resistance is not always required.

Navigating Force Majeure When Strikes Excuse Contractual Delays in Philippine Law

When do strikes excuse delayed delivery? The Supreme Court explains force majeure, good faith, and damages in government bidding.

Reasonable Doubt Prevails: Acquittal in Forcible Abduction and Rape Case Based on Inconsistent Testimony

Supreme Court acquits accused in forcible abduction with rape case, ruling that inconsistent testimony and lack of resistance failed to prove guilt beyond reasonable doubt.

Repealed Law Cannot Govern Licensure Exams: Lessons from Bordallo v. PRC

When a new law repeals an old one, examiners cannot apply the old passing rate. The Supreme Court explains why in Bordallo v. PRC.

Why Qualifying Circumstances Must Be Alleged in Rape Informations

The Supreme Court explains why failure to allege minority and use of a deadly weapon in a rape information downgrades the crime to simple rape.

Qualifying Circumstances in Rape: Why Specific Allegation in the Information Matters

The Supreme Court clarifies that qualifying circumstances like minority and use of a deadly weapon must be alleged in the information to justify the death penalty.

Intact Hymen Does Not Negate Rape: SC Upholds Conviction But Reduces Death Penalty

Supreme Court affirms rape conviction despite intact hymen, but reduces death penalty to reclusion perpetua for lack of qualifying circumstances.

Rape Conviction Upheld: Penetration, Not Hymen Damage, Is the Key

An intact hymen does not negate rape. The Supreme Court clarifies that slight penetration suffices for conviction.

Double Sale of Land: Why Prior Registration Alone Does Not Win Ownership

Philippine Supreme Court clarifies that in double sales of land, prior registration only prevails if the second buyer acted in good faith throughout.

Safeguarding Due Process: The Right to a Complete Preliminary Investigation

When an incomplete preliminary investigation leads to a warrant of arrest, the Supreme Court steps in to protect the accused's right to due process.

Dying Declarations and Witness Credibility: Reevaluating Guilt in Homicide Cases

Philippine Supreme Court clarifies rape conviction standards, intact hymen evidence, and proper death penalty application in People v. Dayna.

The Boundaries of Consent: Statutory Rape and the Exploitation of Minors in the Philippines

The Supreme Court's ruling in People v. Jalosjos clarifies that statutory rape applies regardless of consent, especially when minors are exploited.

On Duty or Off Target: Defining Course of Employment in Police Compensation Claims

The Supreme Court clarifies when a police officer's death is compensable under employees' compensation law, applying the 24-hour duty doctrine.

Positive Identification Trumps Alibi Upholding Conviction IN Multiple Murder Case

Moral Turpitude and Bouncing Checks: Disqualifying Election Candidates in the Philippines

The Supreme Court rules that conviction for violation of B.P. Blg. 22 (Bouncing Checks Law) involves moral turpitude, disqualifying candidates from public office.

Specific Tax on Stemmed Leaf Tobacco: Exemptions for Manufacturers Clarified

Supreme Court clarifies when stemmed leaf tobacco transfers between manufacturers are exempt from specific tax under the NIRC.

Judicial Responsibility in Ensuring Timely Justice and Efficient Court Management

When a judge blames lost court records for a two-year delay, the Supreme Court clarifies that efficient case management is a judicial duty.

Usury Under Scrutiny: How the Supreme Court Uncovers Hidden Interest in Loan Agreements

In First Metro Investment Corp. v. Este del Sol, the Supreme Court exposed underwriting and consultancy fees as cloaks for usurious interest in a 1978 loan.