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 241264 of 631 articles for ched

Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough

The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.

Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory

The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.

Employer Liability for Vehicular Accidents: Proving Due Diligence in Hiring Drivers

Philippine Supreme Court clarifies employer liability for driver negligence, emphasizing documentary proof of due diligence in hiring and supervision.

Qualified Theft and Circumstantial Evidence: When Conviction Stands Without Direct Proof

The Supreme Court explains when circumstantial evidence suffices to convict for qualified theft, and how courts fix the value of stolen goods.

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

PEZA Tax Exemption: Instrumentality of National Government and Real Property Tax

Supreme Court rules PEZA is exempt from real property tax as an instrumentality of the national government, clarifying local taxing limits.

Prevailing Medical Opinion Resolving Seafarer Disability Claims Under Poea SEC

Philippine Supreme Court clarifies the 120-day vs 240-day rule in seafarer disability claims under the POEA-SEC.

Upholding Conviction in Drug Cases: The Importance of Timely Objections to Chain of Custody

Learn why raising chain of custody objections late in drug cases fails, and how timely objections protect accused persons under RA 9165.

Rape and the Incapacity to Consent: Protecting the Intellectually Disabled in Philippine Law

Philippine law treats rape as a violation of autonomy, especially when the victim cannot consent due to intellectual disability. This article explains the key ruling.

Navigating VAT Refund Timelines: How Premature Filing Can Still Succeed Under Equitable Estoppel

Philippine Supreme Court clarifies when premature VAT refund claims may still prosper under equitable estoppel from BIR Ruling No. DA-489-03.

Mergers and Documentary Stamp Tax: Clarifying Tax Obligations in Corporate Restructuring

The Supreme Court clarifies when documentary stamp tax applies to property transfers in corporate mergers under the National Internal Revenue Code.

Duplicate Originals as Evidence: When Photocopies Are Admissible in Philippine Courts

Philippine Supreme Court clarifies when duplicate originals are admissible evidence, reversing the Court of Appeals' exclusion of invoices in a collection case.

Upholding Search Warrants in Copyright Infringement Cases: Balancing Rights and Due Process

The Supreme Court clarifies when courts may quash search warrants in software piracy cases, and when they must uphold them.

Written Stipulation Is Key: Enforceability of Loan Interest Agreements in the Philippines

Philippine Supreme Court clarifies when 12% interest applies versus 6% in construction disputes, emphasizing written stipulations.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

When a Blessing Becomes an Illegal Marriage Ceremony: The Ronulo Case

The Supreme Court clarifies when a priest's blessing of a couple without a marriage license becomes an illegal marriage ceremony under Article 352 of the Revised Penal Code.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Falsifying Time Records: A Breach of Public Trust in the Philippine Judiciary

Court interpreter suspended six months for falsifying daily time records to attend law school. The Supreme Court rules on dishonesty, due process, and public accountability.

Quieting Title Over Public Land: Why Ownership Rights Are Required

The Supreme Court clarifies that an action to quiet title fails without legal or equitable ownership, especially over public land.

Formal Charges and Due Process in Philippine Administrative Law: The Salva v. Valle Ruling

Philippine administrative law requires a valid formal charge before dismissal. The Salva v. Valle ruling explains why.

Unjust Enrichment When Illegal Contracts Require Restitution

The Supreme Court explains when the in pari delicto doctrine yields to the public policy against unjust enrichment in illegal contracts.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.