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.
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Due Process and Judicial Conduct: When Speedy Action Becomes Abuse of Authority
A judge who ruled on a motion before the scheduled hearing was fined for violating due process. Learn the rules on notice and hearing.
Recall Elections: Defining the Process and Protecting Local Governance Stability
The Supreme Court clarifies when recall elections may be held under the Local Government Code, balancing accountability with stability.
Illegal Dismissal in the Philippines: Why Unauthenticated Evidence and Lack of Due Process Can Cost Employers
Philippine Supreme Court clarifies illegal dismissal rules: retirement age, CBA benefits, and employer liability in Ondevilla v. Colegio de San Juan de Letran.
Robbery With Rape: How Intimidation Proves Lack of Consent in Philippine Law
Philippine Supreme Court ruling explains how intimidation, not physical force, suffices to prove lack of consent in robbery with rape cases.
Representation in Legal Disputes: Clarifying Counsel Rights for Local Government Officials
Learn when local government officials may hire private counsel and how service of notices affects appeals, based on a 2000 Supreme Court ruling.
Rape Conviction Upheld Despite Vague Information: Protecting Victims and Ensuring Justice
The Supreme Court affirms a father's rape conviction despite a vague information, explaining procedural rules and victim credibility in incest cases.
Finality of Tax Assessments: Timeliness, Gross Receipts, and the Security Guard Case
A look at Protector's Services v. CIR on tax assessment finality, prescriptive periods, and what counts as gross receipts.
Evaluating Witness Credibility in Philippine Criminal Law: The Orio Brothers Case
How Philippine courts weigh witness credibility, minor inconsistencies, and qualifying circumstances like treachery in murder cases.
Protecting the Vulnerable: Upholding Convictions in Child Rape Cases Despite Minor Inconsistencies
The Supreme Court affirms a father's rape convictions, clarifying rules on information defects, alibi, and victim credibility in incest cases.
Relationship Matters Qualifying Circumstances and Retroactive Penal Laws in Rape Cases
How a missing allegation of stepfather relationship reduced a death sentence to reclusion perpetua, and why Garcia applies retroactively.
Sheriffs Duty Prompt Execution OF Court Orders AND Consequences OF Delay
Motion for Reconsideration: A Necessary Step Before Certiorari
Acebedo Optical v. CA clarifies that a motion for reconsideration is required before filing certiorari, and explains limits on local government police power over business permits.
Judicial Accountability and Due Process in Business Permit Revocations
Acebedo Optical v. CA clarifies limits of mayoral power over business permits and why ultra vires conditions cannot bind a permit holder.
When a Guilty Plea Fails: Why Rape Convictions Were Remanded for Rearraignment
The Supreme Court set aside death sentences for rape because the trial court failed to conduct a proper searching inquiry into the guilty plea.
VAT on Services: When "Trade or Business" Does Not Require Profit Motive
Philippine Supreme Court clarifies that VAT applies to services rendered for a fee even without profit motive. Learn the rules.
Robbery With Homicide: Proving Conspiracy and Liability of All Participants
Philippine Supreme Court ruling on robbery with homicide, conspiracy liability, and the penalty of reclusion perpetua when no aggravating circumstances exist.
Judicial Accountability Balancing Discretion AND DUE Process IN Granting Bail
Tax Exemption Boundaries: PAGCOR Privileges and the Perils of Misrepresentation
Supreme Court clarifies that PAGCOR's tax exemption on importations does not automatically extend to concessionaires, and warns against fraudulent claims.
Rape With Intimidation: The Standard of Resistance and Aggravating Circumstances
The Supreme Court clarifies that in rape, intimidation can substitute for physical resistance, and aggravating circumstances need not be alleged in the information.
Breach of Duty: Upholding Integrity and Accountability in Court Processes
A lawyer's misuse of client funds for purported court fees leads to suspension and restitution, reinforcing ethical duties.
Docket Fees and the Right to Amend: Balancing Access to Justice in Patent Infringement Cases
Philippine Supreme Court ruling on docket fees, amendments to complaints, and equitable access to justice in patent cases.
Lawyer's Duty to Respect Attorney-Client Relationships: Lessons from Camacho v. Pangulayan
A lawyer who negotiates directly with opposing parties already represented by counsel violates professional ethics and faces suspension.
Attorney Suspended Six Months for Deceitful Loan Practices with Client
A lawyer who facilitated a fraudulent loan for his clients was suspended for six months. Learn the ethical rules and lessons from this Philippine Supreme Court case.
Step-Parent Rape and the Death Penalty: What Philippine Law Requires
The Supreme Court affirms the death penalty for a stepfather who raped his 11-year-old stepdaughter, clarifying the rules on qualifying circumstances and damages.