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.

Showing 217240 of 372 articles for clear and convincing evidence

When the Government Must Prove Its Case: Reversion, Free Patents, and the Regalian Doctrine

A Supreme Court ruling on when the government can cancel a free patent and revert land to the public domain.

Upholding Land Titles When Government Reversion Claims Fail

When can the government cancel a free patent and revert land to the public domain? The Supreme Court explains the limits of reversion actions.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Dismissal of Administrative Complaint Against Court Interpreter: Burden of Proof in Administrative Cases

Administrative complaints require substantial evidence; mere allegations and assumptions are insufficient to hold court personnel liable for misconduct.

When a Missing Marriage License Doesn't Void a Marriage: Sevilla v. Cardenas

The Supreme Court explains when a missing marriage license does not automatically make a marriage void, and why proof matters.

When Fear Is Not Enough: Unlawful Aggression in Philippine Self-Defense Cases

Philippine law requires actual unlawful aggression for self-defense claims. Learn what counts and what does not under the Revised Penal Code.

Presumption of Regularity Protecting Judges From Baseless Charges and Harassment

Learn how the presumption of regularity shields judges from baseless administrative charges and protects judicial independence.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Employee Termination: Just Cause and Due Process Under Philippine Law

The Supreme Court clarifies the standards for valid employee termination in the Philippines, focusing on just cause and due process requirements.

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Peaceful Assembly in the Philippines: Know Your Rights and Permit Requirements After Bayan v. Ermita

The Supreme Court upheld the permit requirement for rallies but struck down the Calibrated Preemptive Response policy. Learn your rights.

Forcible Entry in the Philippines: Why Prior Possession Wins Cases

Learn how prior physical possession, not ownership, decides forcible entry cases in the Philippines, guided by Dumo v. Espinas.

Absence of Mutual Agreement Nullifies Sale of Vessels: A Philippine Contract Law Primer

Explore when a contract of sale is void for lack of consent, using a Philippine Supreme Court case as a guide.

Reconstitution of Lost Titles: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

The Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title, emphasizing that strict evidentiary standards must yield to practical realities.

Piercing the Corporate Veil: Clarifying Liability for Subsidiary Obligations

Philippine Supreme Court clarifies when a parent corporation may be held liable for its subsidiary's obligations, and when it cannot.

Reconstitution of Lost Titles and Agrarian Reform: Strict Compliance and Beneficiary Rights

Explore the Junio v. Garilao ruling on land reclassification, CARP exemptions, and why strict compliance matters in agrarian reform cases.

Due Process and Illegal Dismissal: Why Employers Bear the Burden of Proof in Termination Cases

Philippine Supreme Court clarifies procedural rules on indispensable parties in illegal dismissal cases and the employer's burden of proof.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Proof and Sources

A look at the Supreme Court's ruling on judicial reconstitution of lost titles, clarifying the hierarchy of evidence under RA 26.

Self-Defense vs. Vengeance: Defining the Limits of Justifiable Force in Philippine Law

The Supreme Court clarifies when the defense of another justifies force, and when it becomes criminal vengeance under Philippine law.

Accountability in Public Office: Good Faith Is Not a Free Pass in Malversation Cases

A look at Melchor v. Gironella on administrative liability, good faith, and the burden of proof in public office.

Piercing the Corporate Veil: When Corporate Officers Face Personal Liability in Estafa Cases

When can a corporate officer be personally liable for estafa? The Supreme Court clarifies the limits of corporate personality and criminal liability.

Reconstituting Lost Land Titles: Supreme Court Clarifies Standards for Judicial Reconstitution

Supreme Court clarifies the rules and evidence needed to reconstitute a lost or destroyed land title under Republic Act No. 26.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.