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 745 articles for taking

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Project Employment vs Regular Employment: Security of Tenure in Construction

The Supreme Court clarifies when construction workers are project employees, not regular employees, and their rights to wages and benefits.

Just Compensation and Legal Interest in Expropriation: What Property Owners Should Know

Philippine Supreme Court clarifies interest rates on unpaid just compensation in expropriation cases, protecting property owners' rights.

Probable Cause in Toll Bypass Cases: Theft of Telephone Services Under Philippine Law

Explore the Supreme Court's ruling on probable cause for theft in toll bypass operations, clarifying what constitutes unlawful taking of telephone services.

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

Bypassing Justice: Defining Theft in Telecommunications and Probable Cause

The Supreme Court clarifies when toll bypass operations constitute theft and how courts review prosecutorial findings of probable cause.

Just Compensation for Improvements in Expropriation: The Replacement Cost Rule

Philippine Supreme Court clarifies how courts must value improvements in expropriation cases, requiring evidence of replacement cost under RA 8974.

Mortgagee in Good Faith: Protecting Lenders in Real Estate Transactions

Learn how the Supreme Court protects mortgagees in good faith who rely on Torrens titles, and what this means for lenders.

Workplace Conduct: Upholding Decorum Among Court Employees in the Philippines

The Supreme Court reminds court personnel that professionalism and decorum are non-negotiable, fining two employees for a workplace altercation.

Judicial Misconduct When Ex Parte Orders Exceed Legal Boundaries

The Supreme Court held a judge liable for gross ignorance of the law for issuing an ex parte TPO that improperly awarded child custody.

Expropriation and Just Compensation: Protecting Property Rights in Road Widening Projects

Learn how Philippine law protects property owners in expropriation cases, ensuring just compensation for land taken for road widening projects.

Just Compensation and Due Process in Agrarian Reform: Valuing Land at the Time of Taking

The Supreme Court rules that just compensation for agrarian reform land must be valued at the time of taking, not at outdated dates, and that gross undervaluation violates due process.

Mastermind Liability When Inducement Leads to Robbery and Carnapping

When a mastermind induces others to commit robbery and carnapping, Philippine law holds them fully liable for all consequences.

Judicial Misconduct When Solemnizing Marriages Goes Wrong

Two judges fined P40,000 each for sham wedding solemnization. Learn the rules on judicial marriage officiation.

Just Compensation and Landowner Rights Beyond DAR Valuation in Agrarian Reform

The Supreme Court clarifies that courts, not administrative agencies, have final say on just compensation for agrarian reform lands.

Eminent Domain and Just Compensation: Valuing Property at the Time of Taking

Explaining the Supreme Court ruling that just compensation for expropriated property is valued at the time of taking, not when the complaint is filed.

Just Compensation in Expropriation: Timing and Evidence Under Philippine Law

Philippine Supreme Court clarifies when just compensation is reckoned and what evidence trial courts must consider in expropriation cases.

Lease Perfection vs Performance: Hilltop Market Case on Conditions and Estoppel

When does a lease begin? The Supreme Court clarifies the difference between conditions for perfection and performance in Hilltop Market.

Traffic Violations and Negligence: When Driving on the Wrong Lane Determines Liability in Collisions

Philippine Supreme Court ruling on how traffic violations like wrong-lane driving establish negligence and liability in vehicle collisions.

Breach of Trust: Defining Qualified Theft in Employment Relationships

The Supreme Court clarifies when employee theft becomes qualified theft, punishing breach of trust with reclusion perpetua.

Supreme Court Affirms Negligence Ruling in Vehicle Collision Insurance Subrogation Case

Supreme Court affirms CA ruling holding driver negligent in highway collision, upholding insurer's subrogation claim for vehicle repair costs.

Conspiracy and Rape: When Bystanders Become Co-Principals in Group Sexual Assault

Explaining the Supreme Court ruling that a person who aids or abets rape through acts like recording or preventing rescue can be liable as a co-principal.

When Forcible Abduction Is Absorbed by Rape: Key Ruling on Complex Crimes

The Supreme Court clarifies when forcible abduction with rape is actually simple rape, and explains the governing rules on victim testimony and damages.