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.
Due Process in Bail Applications: The Mandatory Hearing for Capital Offenses
Bail in capital offenses requires a mandatory hearing to determine if evidence of guilt is strong. Learn the rules from Narciso v. Sta. Romana-Cruz.
Union Dues and Attorney's Fees: Protecting Employee Rights in Collective Bargaining
The Supreme Court clarifies when attorney's fees can be charged to union members and the strict rules on check-off deductions.
When Courts Collide: The Impermissible Interference in Judicial Decisions
A judge who enjoined a co-equal court's final judgment was fined for gross ignorance of the law.
Finality of Dismissal: Why a "Without Prejudice" Order Still Becomes Final After the Appeal Period
A dismissal without prejudice is still a final order. After 15 days without appeal, it becomes final and executory, barring revival by mere motion.
Clerks of Court Must Strictly Follow Rules on Handling Court Funds
Supreme Court reminds clerks of court and judges of strict rules on handling court funds, citing a case of suspension and fine for violations.
Malicious Prosecution in Philippine Law: Probable Cause and Malice Explained
Philippine Supreme Court clarifies when a failed criminal complaint becomes malicious prosecution, requiring proof of lack of probable cause and sinister motive.
Protecting the Vulnerable: Rape of a Person with Mental Deficiencies and Victim Credibility
The Supreme Court affirms rape conviction where the victim has mild mental retardation, clarifying that mental deficiency does not undermine credibility.
Pacto de Retro Sales in the Philippines: When a Land Sale Is Not an Equitable Mortgage
Philippine Supreme Court ruling clarifies when a pacto de retro sale stands as a true sale, not an equitable mortgage.
Rape Conviction Stands Despite Intact Hymen: Supreme Court on Penetration and Consent
The Supreme Court affirms a father's rape conviction despite an intact hymen, clarifying that full penetration is not required for consummated rape.
Service of Summons on Corporations: Due Process and Jurisdictional Validity
When is service of summons on a corporation valid? The Supreme Court clarifies the rules on proper service, substantial compliance, and jurisdiction.
Orchestrating Death: Conspiracy and Accountability in Murder Cases
A Philippine Supreme Court ruling shows how a hacienda overseer who ordered killings was held liable as a principal under conspiracy doctrine.
Defining Sandiganbayan’s Jurisdiction Over Sequestered Assets and PCGG Authority
The Supreme Court clarifies the Sandiganbayan’s exclusive jurisdiction over incidents related to sequestered assets, reinforcing PCGG’s authority to protect ill-gotten wealth.
Circumstantial Evidence and Eyewitness Testimony in Rape of a Minor: People v. Torejos
The Supreme Court affirms a death sentence for rape of a three-year-old, clarifying evidentiary rules on witness credibility and circumstantial proof.
Protecting Childhood: Supreme Court Upholds Conviction in Child Rape Case
The Supreme Court affirms a reclusion perpetua conviction for statutory rape of a nine-year-old, clarifying rules on victim credibility, alibi, and damages.
Sheriffs Duty to Timely Return Writ of Execution and Consequences of Delay
A sheriff's four-day delay in returning a writ of execution led to a fine. Learn the 60-day rule and why timely returns matter.
Treachery and Defense of Property: When Is Deadly Force Justified
The Supreme Court explains when killing a fleeing thief is murder, not justified defense of property, and what makes surrender voluntary.
Written Authority Required for Real Estate Agents: The City-Lite Realty Rule
Under Article 1874 of the Civil Code, an agent selling land must have written authority; otherwise, the sale is void. Learn the rules.
Right of First Refusal in Lease Agreements and Property Sales in the Philippines
Philippine Supreme Court ruling on when a lessee has a right of first refusal to buy leased property, and when a sale to a third party stands.
Friar Lands Ownership: When Full Payment Confers Title Even Without Deed
Philippine Supreme Court ruling on friar lands: full payment of purchase price vests ownership in the buyer, even without a final deed of conveyance.
Rape Conviction Stands Even If Accused Claims Consensual Affair
A claim of a romantic relationship does not negate rape if force was used. The Supreme Court explains why consent matters.
When Self Defense Fails: Unlawful Aggression as a Prerequisite in Homicide Cases
Philippine Supreme Court ruling on why self-defense fails when unlawful aggression ceases, using a police officer's homicide conviction as the key example.
Overtaking at a Curve: Determining Negligence and Liability in Vehicular Accidents
Philippine Supreme Court ruling on overtaking at curves, negligence presumption, and common carrier liability for passenger deaths.
Positive Identification Overrides Alibi: Examining Witness Credibility and Delayed Reporting in Criminal Convi
The Supreme Court affirms a homicide conviction, rejecting self-defense, and clarifies the rules on witness credibility and delayed reporting.
Lease Renewal Clauses: Mutual Consent vs Unilateral Option Under Philippine Law
Philippine Supreme Court clarifies when a lease renewal clause requires mutual consent rather than a unilateral lessee option, with practical guidance.