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 265288 of 742 articles for cir

Intact Hymen Does Not Negate Statutory Rape: SC Upholds Child Victim's Testimony

The Supreme Court affirms that a child's credible testimony can prove statutory rape even when medical findings show an intact hymen.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

When a Knife Threat After Rape Does Not Qualify the Crime: People v. Tagle

The Supreme Court clarifies when the use of a deadly weapon qualifies rape to a graver penalty, and when it does not.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Supreme Court Fines Judge for Indefinite TRO and Delay in Resolving Case

SC penalizes judge for issuing an indefinite TRO and for undue delay, clarifying rules on multiple administrative offenses.

Calendar Days vs. Working Days: How Suspensions Are Counted for Philippine Government Employees

The Supreme Court clarifies that suspensions for government employees are served in calendar days, including weekends and holidays, not working days.

PNP Dismissal Orders: When Are They Immediately Executory?

The Supreme Court clarifies when PNP dismissal orders are immediately executory and how appeals to the National Appellate Board affect enforcement.

The High Cost of Homicide: Establishing Liability in Robbery With Homicide Cases

A look at how Philippine courts convict in robbery with homicide, from proving intent to the price of damages.

Tax Declarations as Evidence of Ownership: Protecting Possessory Rights

The Supreme Court clarifies that tax declarations, while not conclusive, are strong evidence of possession in the concept of owner when coupled with continuous possession.

Taming Unconscionable Interest: Reassessing Loan Obligations and Attorney's Fees in Philippine Law

The Supreme Court clarifies how courts temper unconscionable loan interest rates and when attorney's fees may be awarded in foreclosure cases.

Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty

Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.

When Probationary Employment Becomes Regular: The Umali v. Hobbywing Rule

Explore when a probationary employee becomes regular by operation of law, based on the Supreme Court's ruling in Umali v. Hobbywing Solutions.

CBA vs Bank Policy: Protecting Workers' Rights Against Unilateral Loan Changes

Supreme Court rules banks cannot impose credit-check requirements on CBA salary loans without negotiating with the union first.

The Five-Year Rule on Execution of Judgments: Villareal v. MWSS Explained

Winning a case is only half the battle. Learn the five-year rule on executing judgments and why delay can void a writ.

One Specific Offense Rule: Search Warrants and the Limits of General Warrants

The Supreme Court nullified a search warrant covering both the Securities Regulation Code and estafa, affirming the one-specific-offense rule.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Self-Defense Claims and the Limits of Justification: The Panerio Case

The Supreme Court clarifies when self-defense fails and why multiple wounds negate it, reducing murder to homicide.

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.

Dismissal for Immoral Conduct: Upholding Decency in the Judiciary

The Supreme Court dismisses a process server for exposing himself to a janitress, ruling it disgraceful and immoral conduct—a second offense warranting the severest penalty.

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Mortgage in Good Faith: Protecting Lenders in Philippine Real Estate Transactions

The Supreme Court explains how the mortgagee-in-good-faith doctrine shields lenders who rely on a clean Torrens title, even if fraud taints the chain.

Insanity Plea and Arson: When Killing Is Homicide, Not Murder, in Philippine Law

The Supreme Court explains the limits of the insanity defense, the proof needed for murder, and when arson is a separate crime.

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.