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 35293552 of 6,989 articles for sec

Selling Subdivision Lots Without A License Hlurb Authority AND Criminal Liability Under PD 957

Philippine Supreme Court clarifies that selling subdivision lots without an HLURB license is a crime, and a later license does not erase liability.

Cooperative Members' Deposit Interest Exempt from Final Withholding Tax: DCCCO v. CIR

The Supreme Court ruled that cooperatives need not withhold 20% final tax on members' deposit interest, citing social justice.

Waiver by Acquiescence: The Perils of Delay in Lease Agreement Disputes

A Supreme Court ruling shows how failing to promptly contest a lease violation can waive contractual rights — a cautionary tale for landlords and tenants.

Rape Conviction Affirmed: Credible Testimony and the Sweetheart Defense

Supreme Court affirms rape conviction, explaining how credible victim testimony outweighs the sweetheart defense in Philippine criminal law.

Step Parent Rape Upholding THE Testimony OF A Child Victim

Supreme Court affirms rape conviction based on the credible testimony of the victim, rejecting the sweetheart defense.

Receivership as a Remedy: When Courts Can Appoint One Pending Litigation

The Supreme Court clarifies when courts may appoint a receiver pending appeal, emphasizing that receivership is a harsh remedy reserved for extreme cases.

Recanted Confession Inadmissible Against Co-Conspirators: Tamargo v. Awingan

The Supreme Court explains why a recanted extrajudicial confession cannot be used against alleged co-conspirators in criminal cases.

When Public Officials Are Protected From Unfounded Graft Complaints

Explore when public officials are shielded from unfounded graft complaints, and how courts respect the Ombudsman's discretion in dismissing baseless cases.

Reasonable Doubt in Drug Cases: Why Strict Evidence Standards Protect the Accused

The Supreme Court acquits a drug suspect due to broken chain of custody and procedural lapses, reinforcing the presumption of innocence.

Rescission and Refund Rights in Real Estate Sales: What PD 957 Buyers Should Know

Learn how PD 957 protects condominium buyers with refund rights, and which court hears criminal cases for violations.

PD 957 Criminal Cases Belong to Regular Courts, Not HLURB

Supreme Court ruling clarifies that HLURB handles only civil and administrative cases; criminal violations of PD 957 go to regular courts.

Rape Conviction Affirming Victim Testimony AND Ensuring Justice

Supreme Court affirms rape conviction based on credible victim testimony, explains qualifying circumstances and penalties under Philippine law.

The Devil in the Details: Upholding Conviction Despite Flaw in Rape Information

Supreme Court affirms rape conviction but reduces penalty to reclusion perpetua because the information failed to allege relationship within the third civil degree.

Preventive Suspension and the Three-Term Limit Rule: Aldovino v. COMELEC

The Supreme Court rules that preventive suspension does not interrupt an elective official's term for purposes of the three-term limit rule.

Intrafamilial Trust Betrayed Convicting A Father FOR Qualified Rape Despite Familial Proximity

The Supreme Court affirms a father's conviction for qualified rape of his minor daughter, ruling that familial proximity and the presence of sleeping relatives do not negate the crime.

Work-Related Stress and Compensability of Peptic Ulcer Under Philippine Law

Explains GSIS v. Raoet, where the Supreme Court ruled peptic ulcer is compensable when work involves prolonged emotional or physical stress.

Outsourcing Validity: Management Prerogative vs. Union Bargaining Rights

Supreme Court ruling on when outsourcing is valid management prerogative and when it intrudes on union bargaining unit coverage.

Retrenchment and Proof of Financial Losses: Safeguarding Employee Rights in Business Downturns

When can a company validly retrench workers? The Supreme Court clarifies the burden of proving business losses.

Marital Rape: Spousal Consent Is Not a Defense to Rape in the Philippines

Philippine Supreme Court affirms that marriage is no defense to rape, convicting a stepfather of two counts of rape against his minor stepdaughter.

Tenant's Right of Redemption: Written Notice Is Key in Agrarian Reform

Supreme Court ruling on tenant redemption rights under RA 3844 and the importance of written notice in agrarian reform cases.

Tenant's Right of Redemption: Written Notice Requirement and the Perils of Wrong Appeal Remedy

Supreme Court clarifies tenant redemption rights require written notice, and errors in appeal mode are fatal to agrarian cases.

Residency Requirement Upholding the Electorate's Will in Congressional Elections

Supreme Court ruling on congressional residency requirements, emphasizing that the electorate's choice prevails when evidence of non-residence is weak or inconclusive.

Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB

A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.

Double Dipping Denied: Separation Pay vs Retirement Benefits in Government Restructuring

Supreme Court rules NPC employees who received separation pay under EPIRA cannot also claim retirement benefits under CA 186, as amended.