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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 16609–16632 of 19,045 articles for “up”

Burden of Proof in Rape Cases: Why Evidence Is Paramount in Philippine Courts

A Supreme Court ruling shows why proof beyond reasonable doubt, not outrage, determines rape convictions in the Philippines.

Entrapment vs Instigation: Avoiding Illegal Drug Charges in the Philippines

Explaining the difference between valid entrapment and unlawful instigation in Philippine drug cases, using a Supreme Court ruling.

Muslim Marriages Before the Muslim Code: Property Regime and Estate Settlement

Supreme Court clarifies which law governs property relations in Muslim marriages contracted before the Muslim Code, remanding estate case for further proceedings.

Suspension of Arraignment: Balancing Speedy Trial Rights With DOJ Review

When can a court suspend arraignment to await DOJ review? The Supreme Court explains the balance with speedy trial rights.

Double Jeopardy and Split Prosecution: Evalle v. People on Falsification and Theft

Supreme Court acquits accountant on double jeopardy grounds after State split one act into separate falsification and theft cases.

Rescission of Contract to Sell: Your Rights to Refunds and Interest in the Philippines

Philippine Supreme Court ruling on contract to sell rescission clarifies buyer's right to refund of installments and interest payments.

Frustrated Murder vs Homicide: The Decisive Role of Premeditation in Philippine Law

When does a killing become murder? The Supreme Court explains why evident premeditation is essential and how its absence downgrades frustrated murder to homicide.

Conspiracy and Criminal Liability in Group Violence: Lessons from People v. Barro

When multiple attackers kill together, conspiracy makes each equally liable. The Barro case explains how courts infer conspiracy.

Motion to Dismiss Trap: Why Filing One Can Waive Your Right to Claim Damages in Philippine Courts

Learn how filing a motion to dismiss in Philippine courts can waive your right to claim damages, based on a Supreme Court ruling.

Enforcing Court Orders: Why Sheriffs and Judicial Restraint Matter in Philippine Cases

A Philippine Supreme Court ruling on lease rescission, execution pending appeal, and the limits of a sheriff's power to enforce court orders.

Incestuous Rape: Why the Victim's Testimony Alone Can Convict a Father

The Supreme Court affirms a father's rape conviction based on the victim's credible testimony, explaining why medical findings and resistance are not required in incestuous rape cases.

Buy-Bust Operations in the Philippines: Rights, Realities, and What the Supreme Court Says

A look at how Philippine courts treat buy-bust operations in drug cases, the elements prosecutors must prove, and why the defense of frame-up rarely succeeds.

Trust Receipts and Estafa in the Philippines: Understanding Liability and Compliance

Learn how the Supreme Court clarified trust receipt violations, estafa liability, and probable cause in Metrobank v. Tonda.

Missed Deadlines Dismissed Appeals Understanding Docket Fees AND Counsels Duty IN Philippine Courts

Learn how unpaid docket fees and counsel's negligence can get an appeal dismissed, based on a Philippine Supreme Court ruling.

Protecting the Vulnerable: How Philippine Courts Validate Testimony in Rape Cases Involving Mental Disability

The Supreme Court affirms a rape conviction where the victim has a mental disability, explaining how courts assess such testimony and evidence.

Incestuous Rape: When a Father's Moral Ascendancy Counts as Intimidation

The Supreme Court affirms a father's rape conviction, ruling that a parent's moral ascendancy over a child substitutes for force and intimidation.

Upholding Procedural Rules: The Duty to Monitor Appeal Status and Retroactivity of Court Rules

The Supreme Court affirms that procedural rules apply retroactively and that counsel must monitor appeal status, even under old rules.

Good Faith and Falsification: When Honest Belief Defeats Criminal Intent in Public Documents

The Supreme Court in Layug v. Sandiganbayan ruled that good faith and absence of damage can defeat a falsification charge.

Security of Tenure in the Philippines: When Reassignment Becomes Constructive Removal

Philippine law protects civil servants from indefinite reassignments that violate security of tenure. Learn the rules from a Supreme Court case.

Mental Capacity and Witness Testimony: Protecting Vulnerable Victims in Philippine Rape Cases

Philippine Supreme Court ruling on mental retardates as credible witnesses in rape cases, with practical guidance for prosecutors and defenders.

Security of Tenure in Philippine Civil Service: When Reassignment Becomes Illegal Removal

Philippine Supreme Court ruling on when a government employee's indefinite reassignment violates security of tenure and constitutes constructive removal.

Are Tips Guaranteed Income? Understanding Employee Compensation in the Philippines

The Supreme Court clarifies when tips are part of an employee's compensation and when they are not, using a seafarer's case.

Credibility of Child Witnesses in Statutory Rape Cases: People v. Arco

The Supreme Court affirms a statutory rape conviction, clarifying how courts assess the credibility of a child witness's testimony.

Lawyer Suspended for Deceit in Client Property Dealings: A Lesson in Professional Trust

A Supreme Court ruling suspends a lawyer for one year for gross misconduct in handling a client's property, underscoring fiduciary duties.