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 318 articles for en banc

Clerk of Court Dismissed for Misappropriating Judiciary Funds: Sollesta v. Mission

Supreme Court dismisses a clerk of court for converting P171,450 in judiciary funds, ruling restitution does not erase administrative liability.

Dismissal for Dishonesty: Upholding Integrity in the Philippine Judiciary

A Court of Appeals employee who solicited P1 million for a favorable decision was dismissed. The Supreme Court reaffirms strict standards for court personnel.

Citizenship Reacquisition Completing Repatriation FOR Elective Office Eligibility

When must a repatriated citizen complete the requirements to run for local office? The Supreme Court explains.

Disbarment for Infidelity: Moral Standards in the Legal Profession

The Supreme Court disbarred a lawyer for marital infidelity, reaffirming that good moral character is a continuing requirement for all members of the bar.

Illegal Dismissal and Retirement Age: When Expiring Contracts Mask Unlawful Termination

Supreme Court clarifies when a "contract expiration" is really illegal dismissal, and why early retirement requires an employee's explicit consent.

Judge Dismissed and Suspended from Law Practice for Gross Immorality in Extramarital Affair Case

Supreme Court dismisses a judge for gross immorality over an extramarital affair and child, imposing a three-year suspension from law practice.

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

Failure of Election Petitions: COMELEC Discretion and the Evidentiary Bar

The Supreme Court clarifies when failure of election may be declared, and why mere allegations without evidence will not suffice.

Incestuous Rape: Consummation vs Attempt and Proving Carnal Knowledge Beyond Reasonable Doubt

The Supreme Court distinguishes consummated from attempted incestuous rape, stressing the prosecution's burden to prove carnal knowledge beyond reasonable doubt.

Upholding Electoral Integrity: COMELEC's Power to Correct Manifest Errors

The Supreme Court affirms COMELEC's authority to correct manifest errors in vote tabulation, prioritizing the people's will over technical objections.

Jurisdiction Over Civil Service Disputes: The CSC's Exclusive Role

Learn why the Civil Service Commission, not regular courts, has exclusive jurisdiction over personnel disputes involving government employees.

Cyber Libel Prescription: One Year from Discovery, Not Publication

Supreme Court clarifies cyber libel prescribes in one year from discovery by the offended party, not from publication, and settles unsigned resolution doctrine.

Habitual Tardiness in the Judiciary: Standards and Penalties for Court Employees

Explaining the Supreme Court's standards on habitual tardiness for judiciary employees, the penalties imposed, and practical compliance tips.

Navigating COMELEC's Authority: Division vs. En Banc in Pre-Proclamation Disputes

Learn how the Supreme Court ruled on COMELEC's division vs. en banc authority in pre-proclamation cases, citing Milla v. Balmores-Laxa.

Electoral Protests: COMELEC's Power to Correct Errors and the Essence of Due Process

Learn how the Supreme Court ruled on COMELEC's authority to correct canvass errors and what due process truly requires in election cases.

Judge Dismissed for Extramarital Affair: Gross Immorality in the Judiciary

Supreme Court dismisses judge for extramarital affair and child with another woman, ruling infidelity is gross immorality warranting removal from the bench.

When Contractors Overstate Work: COA's Audit Power and Quantum Meruit in Government Projects

The Supreme Court affirms COA's power to determine actual work accomplished and recover overpayments from government contractors under quantum meruit.

Cyber Libel Prescription: One Year from Discovery, Not Publication

The Supreme Court clarifies that cyber libel prescribes in one year from discovery, not publication, and settles the doctrinal value of unsigned resolutions.

Optional Retirement Rights and Labor Tribunals' Limits in Illegal Dismissal Cases

Supreme Court clarifies optional retirement requires explicit employee consent, and labor tribunals lack jurisdiction over tax refund claims.

Judicial Accountability: The Duty to Decide Cases Promptly and the Price of Gross Inefficiency

The Supreme Court fined a retired judge P50,000 for gross inefficiency after he failed to decide 49 cases within the reglementary period.

The Right to Confrontation: Why Live Testimony Matters in Philippine Criminal Trials

The Supreme Court vacated a rape conviction because prosecutors used transcripts from another trial instead of presenting live witnesses, violating the accused's right to confrontation.

Suggestive Identification Taints Conviction: Safeguarding Fair Trials in Philippine Criminal Law

The Supreme Court acquits a robbery-homicide convict because a suggestive mug shot tainted eyewitness identification, reaffirming the need for fair trials.

Dereliction of Duty and Dismissal: Upholding Integrity in Public Service

Supreme Court affirms dismissal of court utility worker for habitual absenteeism, insubordination, and conduct grossly prejudicial to the service.

Resolving Conflicting Supreme Court Decisions: The Doctrine of Law of the Case

When two Supreme Court divisions issue conflicting final rulings, the en banc resolves the impasse. Learn the law of the case doctrine.