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 4,471 articles for will

Supreme Court Clarifies Good Faith Defense in PDAF NGO Contract Irregularities

SC ruling clarifies when failure to conduct public bidding in PDAF-funded NGO projects constitutes grave misconduct versus simple misconduct.

Accountability in Public Office: Non-Remittance of GSIS Contributions and the Boundaries of Criminal Liability

The Supreme Court clarifies when public officials face criminal liability for unremitted GSIS contributions, distinguishing violations of RA 8291 from graft under RA 3019.

Dishonesty in Government Service: When Is It Grounds for Dismissal?

The Supreme Court clarifies when dishonesty in government service warrants dismissal, distinguishing serious, less serious, and simple dishonesty.

Possession Rights Balancing Property Sales AND Building Occupation

Supreme Court ruling on when a buyer of land can keep occupying a building pending title issuance, and when attorney's fees are unwarranted.

Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis

A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.

Stop-and-Frisk Searches in the Philippines: When Are They Legal?

Learn when Philippine police may legally conduct stop-and-frisk searches, what limits apply, and your rights during such encounters.

Just Compensation in Agrarian Reform: When Courts Can Depart from DAR Formulas

Explains the Supreme Court ruling on just compensation in agrarian reform, when courts may deviate from DAR valuation formulas, and why evidence matters.

Disbarment for Gross Immorality: Marital Infidelity and the Lawyer's Duty of Good Moral Character

The Supreme Court disbarred a lawyer for gross immorality and marital infidelity, reaffirming that good moral character is a continuing requirement for membership in the Philippine Bar.

Lawyer Misconduct When Dishonesty Leads To Disbarment IN THE Philippines

A lawyer who issues worthless checks and reneges on obligations may face disbarment, especially if a repeat offender.

Breach of Trust When Court Personnel Exploit Position FOR Personal Gain

When a lawyer misappropriates client funds and neglects a case, the Supreme Court may impose the ultimate penalty of disbarment.

When Alibi and Denial Cannot Overturn Positive Identification: A Philippine Law Perspective

Philippine Supreme Court explains when alibi and denial fail against positive identification, with rules on treachery and stop and frisk.

Libel in the Philippines: When Posting a Complaint Becomes a Crime

The Supreme Court clarifies the elements of libel, including publication and malice, in a case involving posted criminal complaints.

Domicile vs Residency: Protecting the Electorate's Choice in Philippine Elections

The Supreme Court clarifies the distinction between domicile and residency in election cases, protecting the electorate's choice.

Prejudicial Question in the Philippines: Suspension, Not Dismissal, of Criminal Cases

A prejudicial question suspends, not dismisses, a criminal case. Learn the rule from a recent Supreme Court ruling.

Proving Employer-Employee Relationship in Illegal Dismissal Cases

A look at Sermona v. Hacienda Lumboy and the rules on proving employer-employee relationships in illegal dismissal cases in the Philippines.

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.

Inter-Company Loans and VAT: When Interest Income Is Not Taxable

Philippine Supreme Court ruling clarifies when interest on inter-company loans is exempt from VAT and how prescription periods apply.

Upholding Integrity: Dismissal and Penalties for Grave Misconduct and Insubordination in the Judiciary

The Supreme Court penalizes a court utility worker for gross insubordination and grave misconduct, reinforcing integrity standards in the judiciary.

Retirement Benefits Rate for University Employees With Multiple Roles

Supreme Court clarifies how retirement pay is computed for university employees who hold faculty and administrative positions.

Confiscation of Property: Balancing Government Authority and Due Process Rights

Explore how the Supreme Court balances state power to recover ill-gotten wealth against constitutional due process and prescription rights.

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Ancestral Land Rights: Proving Fraud and Due Process in Land Title Disputes

The Supreme Court clarifies when ancestral land titles can be cancelled for fraud and what claimants must prove to assert vested rights over ancestral lands.

Search Warrant Validity: Compelling Reasons Needed for Out-of-Jurisdiction Applications

Supreme Court clarifies that "compelling reasons" for out-of-jurisdiction search warrant applications require substantial evidence, not bare claims of information leakage.

Simple Misconduct vs Grave Misconduct: Key Differences in Penalties for Public Officials

The Supreme Court clarifies the distinction between simple and grave misconduct in administrative cases, and the corresponding penalties.