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 1,008 articles for hearing

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Reconstitution of Title: Strict Compliance with Notice Requirements for Jurisdiction

Philippine Supreme Court nullifies a title reconstitution for failure to notify the registered owners' heirs, stressing mandatory notice rules.

Judicial Independence and the Court's Power to Review Probable Cause for Arrest

When can a judge dismiss a case for lack of probable cause despite the prosecutor's finding? The Supreme Court clarifies the limits of judicial review.

Judicial Accountability: The Price of Delay in Case Resolution

A look at how courts are held accountable for delays in resolving cases, and what this means for litigants and the justice system.

Judicial Conduct on Trial: Balancing Online Presence and Ethical Duties

A Supreme Court ruling on a judge's Friendster photos and courtroom conduct clarifies ethical boundaries for magistrates online and offline.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Lawyer Suspended for Negligence and Conflict of Interest in Client Matter

A lawyer who neglected a client's case for five years and appeared against the client without consent was suspended for six months.

Expired Permits and Regulatory Fines: NTC Authority Over Broadcast Operations

A broadcaster's expired provisional authority and NTC fines explained: the Supreme Court clarifies administrative penalties, prescription, and temporary permits.

Fixed-Term Employment vs Regular Employment: Security of Tenure and Illegal Dismissal

When a fixed-term contract expires but the employee keeps working, regular employment and security of tenure may arise. Illegal dismissal rules apply.

Illegal Dismissal: Security of Tenure vs. Employer Prerogative in the Philippines

A Supreme Court ruling on fixed-term contracts, security of tenure, and the limits of employer prerogative in termination cases.

Misconduct and Separation Pay: When Is an Employee Entitled to Separation Pay

The Supreme Court clarifies when a dismissed employee may still receive separation pay, and why theft bars such an award.

Protecting Women and Children: Upholding the Constitutionality of Temporary Protection Orders

The Supreme Court affirms that ex parte Temporary Protection Orders under RA 9262 do not violate due process, protecting women and children from violence.

Annulment of Judgment: Extrinsic Fraud Must Be Caused by the Adverse Party

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud for annulment of judgment under Rule 47.

Extrinsic Fraud and Annulment of Judgment: What Litigants Must Know

The Supreme Court clarifies that a lawyer's negligence is not extrinsic fraud, and explains the strict requirements for annulling a final judgment under Rule 47.

Exhaustion NOT Required When Courts CAN Hear Cases Despite Unfinished Agency Review

Philippine Supreme Court clarifies when courts may take cases even if administrative remedies are not yet exhausted, with practical guidance.

Upholding Local Autonomy: The Constitutionality of Vehicle Immobilization Ordinances

The Supreme Court upheld Cebu City's vehicle immobilization ordinance as a valid exercise of police power, clarifying due process requirements for traffic enforcement.

Attorney Sanctioned for Baseless Complaint Against Justice: Lessons on Judicial Ethics

The Supreme Court held a lawyer in indirect contempt for filing a baseless administrative complaint against a Court of Appeals justice, reaffirming that such complaints cannot substitute for judicial

Voice Recognition as Positive Identification in Philippine Rape Cases

How voice recognition helped convict a rapist whose face was covered, and what this means for Philippine criminal law.

Attorney's Negligence Leads to Suspension: Upholding Diligence in Legal Representation

Supreme Court suspends lawyer for five years for gross negligence in criminal defense, reaffirming counsel's duty of diligence and fidelity to clients.

Local Government Authority vs Property Rights: Valid Ordinance Enforcement

Supreme Court clarifies when local ordinances are presumed valid and enforceable, balancing municipal authority against property rights claims.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Regulated vs. Prohibited Goods: The Limits of Agency Discretion in Customs Seizures

Philippine Supreme Court ruling on when customs authorities may hold seized goods and the distinction between regulated and prohibited imports.

Sheriffs Must Execute Writs Promptly and File Periodic Returns: DBP v. Famero

The Supreme Court clarifies a sheriff's duty to execute writs with dispatch and file Section 14, Rule 39 periodic returns, imposing a fine for neglect.

Eyewitness Testimony in Rape with Homicide Cases: Credibility and the Weight of a Single Witness

How Philippine courts assess the credibility of a single eyewitness in rape with homicide cases, explained through a 2013 Supreme Court ruling.