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 360 articles for constitution

Real Property Tax: Who Is the Actual User in a BOT Agreement?

Philippine Supreme Court ruling on real property tax exemption under a Build-Operate-Transfer agreement and who qualifies as actual user.

Rehabilitation Petitions Technical Insolvency AND Creditors Rights IN Corporate Recovery

Philippine Supreme Court clarifies when a technically insolvent corporation may file for rehabilitation and how creditor rights are affected.

Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case

The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.

Dishonesty in Public Office: The Price of False Entries and Delayed Deposits

A cashier's false cashbook entry and delayed bank deposits amount to dishonesty, warranting dismissal from government service.

When 'In Lieu of All Taxes' Does Not Mean Local Tax Exemption: Smart Communications v. City of Davao

The Supreme Court ruled that a franchise's "in lieu of all taxes" clause covers only national taxes, not local franchise taxes.

Crediting Government Service for Retirement: Defining the Scope of the Civil Service and Compensation

The Supreme Court clarifies which government services count for retirement benefits, distinguishing full-time civil service from part-time and non-chartered positions.

Jurisdictional Boundaries Resolving Labor Disputes Involving Government Chartered Corporations

A Supreme Court ruling clarifies that labor disputes in government-owned or controlled corporations with original charters fall under the Civil Service Commission, not the NLRC.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Official Duty vs. Discourtesy: When Public Officials Cross the Line

The Supreme Court clarifies that public officials cannot hide behind official duty to justify discourtesy, reaffirming public office as a public trust.

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Judicial Accountability: Judges and Court Personnel Held Liable for Undue Delay and Misconduct

Supreme Court holds retired judge liable for undue delay in deciding 23 cases and clerk of court for issuing false certification.

Restrictive Custody in the PNP: Balancing Discipline and Liberty

The Supreme Court explains when restrictive custody of police officers under investigation is lawful and not a ground for habeas corpus.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Barangay Official Removal: Due Process and Immediate Execution Under the Local Government Code

Learn how the Supreme Court clarified that decisions removing barangay officials are immediately executory, despite the right to appeal.

Reversion of Land Titles: Public Domain vs Private Claims in the Philippines

Supreme Court ruling on when certificates of title over public domain land, including timberlands, are void and subject to reversion.

Military Pension and Citizenship: The Parreño Ruling on PD 1638

Retired AFP officers who lose Filipino citizenship can have their pensions terminated under PD 1638, as upheld in Parreño v. COA.

Good Faith in Property Transactions: Protecting Innocent Purchasers Under the Torrens System

When a notarized special power of attorney turns out forged, who keeps the land? The Supreme Court explains good faith under the Torrens system.

Suing the Government: Understanding State Immunity in the Philippines

A pharmaceutical company's bid dispute clarifies when government officials can be sued despite state immunity.

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

When Is a Buy-Bust Operation Legal in the Philippines? Key Rules from People v. Nicolas

Philippine courts uphold buy-bust operations as valid drug enforcement, even without prior surveillance. Learn the essential elements and your rights.

Habeas Corpus as a Remedy for Excessive Penalties: Understanding Sentence Reclassification in the Philippines

When can habeas corpus challenge an excessive penalty? The Supreme Court clarifies the limits of sentence reclassification under R.A. 8353.

Exclusivity Clauses in Philippine Contracts: When Are They Valid?

Exclusivity clauses are not automatically invalid restraints of trade in the Philippines. They are enforceable when reasonable and tied to legitimate business interests.

Malicious Prosecution in Estafa Cases: When a Criminal Complaint Becomes a Tort

The Supreme Court clarifies when filing an estafa complaint without probable cause constitutes malicious prosecution, making the complainant liable for damages.