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 733 articles for sec

Serious Dishonesty in Civil Service Exams: The Dampilag Ruling on Impersonation

The Supreme Court affirms that impersonation in civil service exams constitutes serious dishonesty and falsification, warranting dismissal from service.

Direct Bribery in the Philippines: Key Lessons from Mangulabnan v. People

Direct bribery explained through a landmark Supreme Court case: elements of the crime, evidentiary standards, and practical lessons for public officers.

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

Judicial Decorum in Philippine Courts: Lessons from Judge Dajao's Vulgar Conduct Case

The Supreme Court fined a judge for vulgar language and self-promotion, reaffirming strict standards of judicial decorum under Philippine law.

Transferee Pendente Lite in Trademark Assignments: The Sunfire Trading Case

Learn how the Sunfire Trading ruling clarifies that buying a trademark during litigation binds the buyer to the case's outcome.

Tax-Free Share Swaps in the Philippines: The Co Ruling and CGT Exemptions

The Supreme Court's Co ruling clarifies when share swaps are tax-free under (C)(2) of the NIRC, saving businesses millions.

Vicarious Liability and Common Carrier Duties: The Mendoza Case Explained

Learn how the Mendoza ruling clarifies employer liability for employee negligence and the obligations of common carriers in the Philippines.

Direct Assault vs. Resistance to Authority: The Mallari Case Explained

The Supreme Court in Mallari v. People clarifies when force against a police officer is direct assault or merely resistance to authority.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Consent in Contracts: Supreme Court Voids Mortgage for Lack of Genuine Agreement

Supreme Court voids mortgage where a bank misled an elderly woman into signing a loan document she believed was a mere guarantee.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Child Abuse Under RA 7610: Intent as the Key Element

The Supreme Court clarifies that intent to debase or degrade is essential to prove child abuse under RA 7610.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Malicious Mischief in Property Disputes: What the Supreme Court Said

The Supreme Court clarifies when destroying property in a dispute becomes malicious mischief, and why claims of ownership do not justify taking the law into one's own hands.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Murder

The Supreme Court clarifies that treachery cannot be presumed from suddenness alone, reducing a murder conviction to homicide in People v. Bulutano.

Reasonable Doubt in Administrative Cases: Daquioag v. Ombudsman

In Daquioag v. Ombudsman, the Supreme Court reversed a grave misconduct finding, underscoring that substantial evidence—not mere suspicion—is required in administrative cases.

When a Motorcycle Ride Makes a Killing Murder: People v. Padal Explained

A Supreme Court ruling shows how using a motorcycle to chase a victim can elevate a killing from homicide to murder under Philippine law.

Obscenity Laws vs. Free Speech: The Madrilejos Ruling on Manila Ordinance 7780

The Supreme Court’s Madrilejos ruling clarifies how Philippine obscenity laws must balance regulation with constitutionally protected free expression.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Land Registration: Proving Land Is Alienable and Disposable Under Philippine Law

Learn the strict proof required to register land in the Philippines, including DENR certifications, and why possession alone is not enough.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.