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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Reinstatement Rights Absence DUE TO Unproven Charges Does NOT Equal Abandonment
Philippine Supreme Court ruling: an employee's absence due to unproven criminal charges is not abandonment. Learn the two elements of abandonment.
Right of Way in the Philippines: Balancing Landowner Rights and Property Isolation
The Supreme Court explains when a compulsory easement of right of way may be granted, and why mere inconvenience does not justify imposing a burden on a neighbor's property.
Earnest Money Misconceptions When A Deposit Doesnt Guarantee A Sale
The Supreme Court clarifies that earnest money only binds a seller after a contract of sale is perfected—not before consent is given.
Upholding Competence and Diligence: Attorney Suspended for Neglect of Client's Case
A lawyer's suspension from practice does not end his duty to clients. The Supreme Court suspends Atty. Baterina for gross negligence.
Upholding Property Rights When Caretaking Doesnt Equal Tenancy
The Supreme Court clarifies when a caretaker is not a tenant, and why the regular courts, not the DARAB, have jurisdiction over ejectment.
Client Responsibility: The Binding Nature of Counsel Negligence in Philippine Law
When does a lawyer's mistake bind the client? The Supreme Court explains the rule on counsel negligence and the client's duty to monitor cases.
Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory
The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.
DILG Circulars on LGU Fund Disclosure Upheld: Local Autonomy Has Limits
Supreme Court upholds DILG circulars requiring LGU transparency in IRA use, clarifying that local autonomy does not mean absolute independence from national supervision.
Security of Tenure: Regular Employment and Illegal Dismissal in Fixed-Term Contracts
When does a fixed-term employee become regular? The Supreme Court clarifies security of tenure, illegal dismissal, and employer burden of proof.
Treachery in Criminal Law: The Element of Surprise in Murder Convictions
A Supreme Court ruling clarifies that treachery does not require an attack from behind—even a frontal assault can qualify as murder when it is sudden and unexpected.
Breach of Trust Estafa and the Misappropriation of Funds Entrusted for Tax Remittance
When does a cashier's mishandling of funds amount to estafa? The Supreme Court clarifies the key distinction between material and juridical possession.
Prescription in Anti-Graft Cases: When Does the Clock Start Ticking?
The Supreme Court clarifies when the prescriptive period for Anti-Graft Act violations begins, using a behest loan case as the backdrop.
Illegal Search Evidence Inadmissible Even If Illegal Arrest Is Waived
Waiving objection to an illegal arrest does not waive the right against illegal search; seized drugs are inadmissible evidence.
Foreclosure Sales: The Impact of Non-Registration on Property Rights in the Philippines
Learn how the Supreme Court ruled that non-registration of a judicial foreclosure sale does not defeat the purchaser's rights.
Land Reclassification and CARP Coverage: Prior Zoning Determines Exemption
When does a zoning ordinance exempt land from agrarian reform? The Supreme Court clarifies the rules on land classification and CARP coverage.
Civil Liability Despite Acquittal: Estafa and BP 22 in Philippine Law
Acquittal in estafa does not erase civil liability if it arises from a separate source, like being an accommodation party to a bounced check.
VAT Refund for Foreign Tourists Upheld: Tayam v. Recto and the Limits of Equal Protection
The Supreme Court upholds RA 12079's VAT refund for foreign tourists, ruling it does not violate equal protection or tax uniformity.
Res Judicata vs Ownership Claims: Understanding Property Disputes in the Philippines
A forcible entry ruling does not bar a later ownership-based recovery case. Learn the key distinctions from a 2014 Supreme Court decision.
Theft and Dishonesty in Public Service: Consequences for Retirement Benefits and Re-Employment
Supreme Court rules on theft, dishonesty in public service, and how retirement does not erase administrative liability or preserve benefits.
Security Guards Duty to Accept Assignments vs Constructive Dismissal
When does a security guard's floating status become constructive dismissal? The Supreme Court clarifies the rule in Exocet v. Serrano.
No-Build Zones and National Permits: What Aquino v. Malay Means for Developers
The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.
Breach of Trust Establishing Estafa Through Misappropriation of Funds
When does a failure to return money become estafa? The Supreme Court explains the elements of misappropriation under Article 315.
Intent vs Act: Distinguishing Homicide From Robbery With Homicide in Philippine Law
When does a killing become robbery with homicide instead of murder? The Supreme Court explains in People v. Torres.
When a Trial Court Loses Jurisdiction: Double Jeopardy and Void Orders in Quiambao v. People
The Supreme Court explains when a dismissal order is void for lack of jurisdiction and why double jeopardy does not attach to a null judgment.