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 289312 of 318 articles for en banc

Deadline Missed: Understanding Election Protest Filing Periods in the Philippines

The Supreme Court clarifies when the 10-day period to file an election protest is suspended, and when it is not.

Due Process in Elections: When COMELEC Cannot Invalidate Votes

The Supreme Court nullified COMELEC's cancellation of a candidate's nickname votes for lack of notice and hearing, reaffirming due process in election cases.

When Fraud in Election Returns Does Not Justify a Declaration of Failed Election

Philippine Supreme Court explains when election fraud warrants a failure of election declaration versus an election protest.

Judicial Ethics: Dismissal of Judge for Sexual Harassment and Conduct Unbecoming

Supreme Court dismisses judge for sexual harassment, harassment of employees, and improper dealings with a litigant before his sala.

Territorial Integrity First: Why Boundary Disputes Must Be Resolved Before Barangay Plebiscites

Philippine Supreme Court rules boundary disputes are prejudicial questions that must be settled before barangay creation plebiscites can proceed.

Reasonable Doubt and Circumstantial Evidence: Safeguarding Justice in Philippine Courts

How the Supreme Court acquitted a rape-homicide accused, stressing that circumstantial evidence must produce conviction beyond reasonable doubt.

Illegal Dismissal and Early Retirement: Protecting Employees from Unjust Termination

The Supreme Court clarifies when a demotion becomes illegal dismissal and the rules on optional retirement under Philippine labor law.

When SC Justices Split Evenly: Tie Votes and Case vs Matter Resolutions Explained

Learn how Philippine Supreme Court divisions resolve tie votes, why case vs matter resolutions differ, and what happens when justices split evenly.

Statutory Rape vs Qualified Rape in the Philippines: Why Proper Legal Charges Matter

Philippine Supreme Court clarifies the distinction between statutory rape and qualified rape, emphasizing the critical importance of proper legal charges.

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

Habeas Corpus in the Philippines: Understanding Its Limits and Proper Use in Criminal Cases

Philippine Supreme Court clarifies when habeas corpus is proper in criminal cases, using a 1999 death penalty ruling as guide.

Navigating Mining Tax Refunds in the Philippines: Understanding R.A. 1435 and Its Limits

Philex Mining v. CIR clarifies that the 25% mining tax refund under R.A. 1435 is based on old rates, not actual taxes paid.

Presumption of Innocence in Philippine Drug Cases: The Lagmay Acquittal

How the Supreme Court applied the presumption of innocence to acquit a drug suspect when prosecution evidence fell short of proof beyond reasonable doubt.

Wage Distortion In The Philippines Understanding Collective Bargaining And Legal Remedies

Philippine Supreme Court clarifies wage distortion, collective bargaining rights, and legal remedies for employees facing demotion or illegal dismissal.

Jurisdictional Challenges in Philippine Courts: Why Timing and Precision Matter in Tax Refund Claims

Philippine Supreme Court ruling on tax refund computation under RA 1435, explaining why strict interpretation and timing determine success in tax claims.

Decoding Tax Exemptions: Why Philippine Courts Demand Explicit Language

Philippine courts construe tax exemptions strictly against the grantee. Learn from Davao Gulf Lumber Corp. v. CIR why explicit statutory language is essential.

Upholding Integrity: Why Government Employee Absenteeism and Dishonesty Lead to Dismissal in the Philippines

Philippine Supreme Court ruling on how habitual absenteeism and dishonesty by a court employee warranted dismissal from service with forfeiture of benefits.

COMELEC's Power to Prosecute Election Offenses: Independent Authority Affirmed

Supreme Court affirms COMELEC's exclusive authority to prosecute election offenses, ruling that deputized prosecutors cannot override its decisions.

Judicial Delay and Falsification: When a Judge's Certificates of Service Become Grounds for Dismissal

A Philippine Supreme Court ruling shows how delayed case decisions and falsified certificates of service led to a judge's dismissal from the bench.

Validity of Court Decisions: Judge Incumbency and Jurisdiction Explained

When is a judge's decision valid after transfer? The Supreme Court explains jurisdiction, incumbency, and ratification in ABC Davao Auto Supply.

Failure of Election Under Philippine Law: Grounds and Remedies Explained

Learn the limited grounds for declaring a failed election under Philippine law and the proper remedies available to candidates and voters.

Lawyer's Disrespect Toward Court Personnel and IBP Noncompliance: A.C. No. 11508

Supreme Court fines disbarred lawyer for disrespecting court personnel and disobeying IBP directives, clarifying penalties under CPRA.

Docket Fees and Venue: When Payment Must Be Made Anew on Refiling

Philippine Supreme Court clarifies that refiling a case in the proper venue requires new docket fees; prior payments do not transfer.

Vote Buying and Disqualification: Nolasco vs. COMELEC Explained

What happens when a winning candidate is disqualified for vote buying? The Nolasco case clarifies succession and election law.