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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 18241–18264 of 19,046 articles for “up”

Common Carriers and Fortuitous Events: When Is a Carrier Liable for Passenger Injury

Philippine Supreme Court explains when a tire blowout is not a fortuitous event and why common carriers face a presumption of negligence in passenger injury cases.

Judicial Misconduct Case: Upholding Impartiality and Competence in Philippine Courts

A Supreme Court ruling on a court employee's neglect of duty underscores the high standards of ethics and competence required in the Philippine judiciary.

Gross Negligence of Counsel: When It Nullifies a Judgment in the Philippines

Philippine Supreme Court explains when a lawyer's gross negligence can void a judgment, and why final judgments protect innocent buyers.

Self-Defense vs. Alibi: The Burden of Proof in Philippine Criminal Law

The Supreme Court explains why self-defense and alibi failed in People v. Jagolingay, and what it takes to prove these defenses.

Sheriff Misconduct: When Can a Sheriff Be Held Liable

Learn when Philippine sheriffs can be held liable for misconduct in property execution, based on Supreme Court rulings.

Security of Tenure vs Presidential Prerogative Reinstatement After Acquittal

Explore the Supreme Court ruling on project employee security of tenure, illegal dismissal, and back wages in SODECO v. NLRC.

Consent Is Key: Understanding Rape and Consensual Sex in Philippine Law

The Supreme Court explains why lack of consent defines rape, using a robbery-with-rape case to clarify the law.

Dismissal FOR Grave Misconduct Upholding Decency IN Public Service

Project vs Regular Employee: What Brahm Industries Teaches About Valid Dismissal

The Supreme Court clarifies the difference between project and regular employees, and the due process required for lawful dismissal in the Philippines.

Judicial Immunity and the 90-Day Rule: When Judges Face Liability for Delay

Philippine Supreme Court clarifies that judges are immune from suit for erroneous decisions, but delay in deciding cases within 90 days is administrative liability.

Illegal Dismissal: Proving Regular Employment and Due Process in Termination

Learn how the Supreme Court protects employees from illegal dismissal when employers fail to prove just cause and observe due process.

Upholding Ethical Standards in Public Service: Lessons from a Clerk's Neglect of Duty

A Supreme Court ruling on a court clerk's neglect of duty underscores the high ethical standards demanded of every public servant in the Philippines.

Probationary Employment in Philippine Schools: Contract Terms and Termination Rights

Understand probationary employment rules in Philippine schools, including contract terms, termination rights, and recent Supreme Court guidance.

Habitual Absenteeism of Government Employees: Penalties and Lessons from a Supreme Court Ruling

Habitual absenteeism is a grave offense for Philippine government employees. Learn the rules, penalties, and key lessons from a landmark Supreme Court case.

Strikes and Return-to-Work Orders: Balancing Labor Rights and Employer Interests in the Philippines

Philippine Supreme Court ruling on strikes, return-to-work orders, and the delicate balance between labor rights and employer interests.

Overriding Commissions After Retirement: Employee Rights in the Philippines

Philippine Supreme Court ruling on whether employees can claim commissions earned before retirement but paid after. Learn the rules.

Perfecting Appeals and Timelines in Philippine Labor Cases: The PAL v. Brillantes Guide

Learn how the Supreme Court resolved PAL v. Brillantes, balancing strict appeal timelines, labor law, and equitable justice.

Eyewitness Testimony and Reasonable Doubt: When Identification Fails in Philippine Criminal Cases

The Supreme Court acquits in People v. Galera, showing how shaky eyewitness identification and inconsistent testimony create reasonable doubt.

Project Employee vs Regular Employee: Security of Tenure Under Philippine Labor Law

Learn how the Supreme Court distinguishes project from regular employees and protects workers' security of tenure under Article 280 of the Labor Code.

Conditional vs. Absolute Sale: How Philippine Courts Determine True Property Ownership

Philippine courts look beyond contract labels to determine if a sale is absolute or conditional. Learn the key rules from a landmark Supreme Court case.

Rape Conviction: Slightest Penetration Suffices; Escape Injuries Count

Philippine Supreme Court clarifies that slight penetration consummates rape, and injuries from escaping the assault are chargeable to the rapist.

Perfecting Land Titles: Vested Rights and Corporate Land Ownership in the Philippines

Understand how the Supreme Court ruled on vested rights, corporate acquisition of public lands, and the limits of land ownership claims.

Contract to Sell Rescission: When Installment Buyer Protections Do Not Apply

Philippine Supreme Court clarifies when Republic Act 6552 protections do not apply and how contract to sell rescission works under Civil Code.

Rescinding a Contract to Sell in the Philippines: When Is a Notarial Act Required?

Philippine Supreme Court clarifies when Republic Act No. 6552's notarial requirement applies to rescinding a contract to sell real property.