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 379 articles for custody

Children's Surnames: Illegitimate Child's Right to Choose After Father's Recognition

Supreme Court rules an acknowledged illegitimate child may choose whether to use the father's surname; the father cannot compel it.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate Under RA 26

Supreme Court clarifies evidence needed to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Chain of Custody in Drug Cases: Why Integrity of Evidence Matters for Conviction

Philippine Supreme Court acquits drug suspect over police failure to follow Section 21, RA 9165 chain of custody rules.

Judicial Clemency: Balancing Mercy and Public Trust in the Philippine Judiciary

The Supreme Court denies a former judge's plea for judicial clemency, reaffirming that remorse and reformation must be proven, not merely claimed.

Buy-Bust Operations: Minor Inconsistencies Won't Save Drug Sellers From Conviction

The Supreme Court explains why minor inconsistencies in police testimony do not destroy a buy-bust case, and why frame-up defenses rarely succeed.

Airport Frisking and Drug Transportation: Upholding Convictions on Reasonable Searches and Chain of Custody

The Supreme Court affirms a drug transport conviction, ruling airport frisking is a valid search and the chain of custody of seized shabu was unbroken.

Forum Shopping and Protection Orders: Avoiding Conflicting Rulings in Custody Disputes

When a mother filed for a protection order in another court while a custody case was pending, the Supreme Court clarified the limits of forum shopping.

Judicial Independence: No CSC Clearance Required for Retiring Judiciary Employees

The Supreme Court rules that retiring judiciary employees need not secure CSC clearance for administrative cases, upholding judicial independence.

Chain of Custody in Drug Cases: Protecting Rights and Ensuring Justice

The Supreme Court acquits a drug suspect due to broken chain of custody, underscoring the need to protect accused rights.

Private Prosecutors in Perjury Cases: Upholding the Offended Party's Rights

Explaining when a private prosecutor may intervene in perjury cases, citing the Supreme Court's ruling in Lee Pue Liong v. Chua Pue Chin Lee.

Indispensable Parties: Why Government Agencies Must Be Included in Correction of Public Record Cases

The Supreme Court nullified a correction of birth date ruling because government agencies were not impleaded as indispensable parties. Learn the rules.

Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage

Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.

Chain of Custody in Drug Cases: Preserving Evidence Integrity Under RA 9165

The Supreme Court explains the chain of custody rule in drug cases and why minor procedural lapses do not automatically acquit an accused.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Chain of Custody in Drug Cases: Integrity Over Strict Compliance

The Supreme Court clarifies that substantial compliance with Section 21, RA 9165 suffices when the drug's integrity and evidentiary value are preserved.

When Courts Can No Longer Enforce Agreements: The Difference Between Entrapment and Instigation

Philippine Supreme Court clarifies when police buy-bust operations are legal entrapment versus illegal instigation, and why the distinction matters in drug cases.

Support Pendente Lite Orders Are Interlocutory: When Can They Be Appealed?

Philippine Supreme Court clarifies that support pendente lite orders are interlocutory and not appealable, explaining the proper remedy under Rule 65.

When a Drug Sale Isn't a Sale: Payment Must Be Completed for Conviction

The Supreme Court clarifies that illegal drug sale requires actual payment, not just delivery. Learn the key elements and why possession still leads to conviction.

Reasonable Doubt Acquittal in Drug Cases Due to Broken Chain of Custody

The Supreme Court acquits a drug suspect because police broke the chain of custody, explaining why procedural lapses matter.

Judicial Accountability: Upholding Procedural Rules in Annulment and Adoption Cases

A judge fined P10,000 for skipping mandatory no-collusion reports in annulments and adoption safeguards—a lesson in judicial accountability.

Chain of Custody in Drug Sale Convictions: What People v. Aneslag Teaches

The Supreme Court explains why preserving the integrity of seized drugs matters more than strict procedural compliance in drug cases.

Foreclosure vs Rehabilitation: When a Stay Order Takes Effect

A stay order in corporate rehabilitation does not undo a foreclosure completed before the petition. Ownership matters.

Breach of Trust: Employer May Dismiss for Misconduct Despite Acquittal

Philippine Supreme Court clarifies that an employee's acquittal in a criminal case does not bar dismissal for loss of trust and confidence.

Escheat Proceedings: Banks Must Notify Depositors Before Dormant Funds Are Transferred to the State

Philippine Supreme Court rules on banks' duty to notify depositors before dormant funds are escheated to the state, protecting depositor rights.