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 490 articles for mandatory

Impeachment and the Dual Requirements of Filing and Referral in Philippine Law

Explains the Supreme Court's ruling on the two distinct requirements for a valid impeachment complaint under the Constitution.

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

Explaining People v. Presas on the chain of custody rule in drug cases—when lapses in procedure do not automatically break the prosecution's case.

Judicial Accountability When Archiving Cases Constitutes Gross Ignorance of the Law

A judge who archived criminal cases instead of forwarding them to the prosecutor was fined P30,000 for gross ignorance of the law.

Voluntary Arbitration vs. Labor Arbiter: Philippine Labor Dispute Jurisdiction

When does voluntary arbitration prevail over Labor Arbiter jurisdiction? The Supreme Court clarifies in University of the Immaculate Conception v. NLRC.

Proof of Service in Philippine Courts: Why Proper Documentation Matters

Learn how the Supreme Court's ruling on court fund mismanagement underscores the importance of proper documentation and accountability in Philippine courts.

Hotel Liability for Lost Vehicles: Necessary Deposits Under Philippine Law

When a hotel valet loses a guest's vehicle, who pays? Philippine law on necessary deposits and the Durban Apartments ruling explain.

Judicial Discretion vs Undue Favoritism: When Judges Face Administrative Liability

Explaining when judicial rulings constitute administrative offenses, based on the Supreme Court's dismissal of the complaint against CA Justices Roxas and Enriquez.

Illegal Strikes and Reinstatement: Balancing Rights and Responsibilities in Labor Disputes

Philippine law on illegal strikes and reinstatement: what workers and employers must know about protected concerted activity and its limits.

Navigating Government Procurement: The Imperative of Protest Compliance in Philippine Law

Philippine Supreme Court ruling on LRA v. Lanting Security clarifies mandatory protest rules under R.A. 9184 before courts can act.

Maritime Claims: Strict Interpretation of COGSA Prescriptive Period

Philippine Supreme Court clarifies the one-year COGSA prescriptive period for maritime cargo claims, emphasizing strict timing rules.

Electricity Disconnection in the Philippines: When Can a Utility Cut Your Power?

Know your rights when a utility disconnects your electricity. Philippine law requires due process—here's what a utility must prove first.

Burden of Proof in Labor Disputes: Employers Must Show Wage Compliance

In Dansart Security Force v. Bagoy, the Supreme Court ruled that employers bear the burden of proving payment of wages and monetary benefits to employees.

Upholding Legislative Intent: The Limits of COMELEC's Rule-Making Power in Party-List Nominations

A look at Lokin v. COMELEC, where the Supreme Court struck down a COMELEC rule expanding the grounds for substituting party-list nominees beyond RA 7941.

Judicial Accountability: The Price of Delay in Rendering Decisions

A retired judge was fined P40,000 for failing to decide 139 cases within the mandatory 90-day period. This case explains the rules on judicial delay.

Accountability Behind Bars: Holding Court Cashiers Liable for Fund Shortages

Court clerks and cashiers face administrative liability for delayed remittance of fiduciary funds, even after full restitution, as shown in this 2010 ruling.

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

Public Officials Held Accountable: Strict Compliance With Procurement Laws

Mayor convicted for violating procurement rules and anti-graft law; personal canvass exceptions demand strict compliance.

Parental Authority vs Incest: Upholding Conviction in Qualified Rape Cases

Supreme Court affirms qualified rape conviction of father, ruling that a father's moral ascendancy substitutes for force and resistance in incestuous rape.

Eminent Domain Revisited: When Expropriated Land Must Be Returned After Public Use Ceases

Philippine Supreme Court clarifies when former owners can reclaim expropriated property if the public purpose is abandoned or never pursued.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings

Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.

Due Process, Jurisdiction, and Provisional Remedies in Philippine Criminal Law

A look at Villamor v. People on due process, jurisdiction, and provisional remedies in Philippine criminal procedure.

Public Hearing Imperative Invalidating Ordinances Without Community Input

A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.

Exhaustion of Administrative Remedies in CLOA Cancellation Cases: A Property Law Primer

Learn why a landowner's direct appeal to the Court of Appeals failed in a CLOA cancellation case, and the importance of exhausting administrative remedies.