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 337360 of 412 articles for custody

When the Government Must Prove Its Case: Reversion, Free Patents, and the Regalian Doctrine

A Supreme Court ruling on when the government can cancel a free patent and revert land to the public domain.

Upholding Land Titles When Government Reversion Claims Fail

When can the government cancel a free patent and revert land to the public domain? The Supreme Court explains the limits of reversion actions.

Probable Cause in Search Warrants: Lessons from the Marlboro Counterfeit Case

When is a search warrant valid in IP cases? The Supreme Court clarifies probable cause standards in People v. Choi.

Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court

Lawyer suspended two years for withdrawing P255,000 in client rentals without accounting, violating the Code of Professional Responsibility.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

Jumping Bail in the Philippines: Why Absconding Can Cost You Your Appeal — Lessons from Alva v. Court of Appea

Can fleeing while on bail kill your appeal? The Supreme Court says yes. Learn the rules from Alva v. Court of Appeals.

Navigating Philippine Warrants of Arrest: When Can a Court Act on Your Motion

Philippine Supreme Court clarifies when courts can act on motions to quash warrants of arrest, distinguishing custody of law from jurisdiction over the person.

Habeas Corpus and Mootness: When Release Ends a Petition in Philippine Law

Philippine Supreme Court explains when a detainee's release renders a habeas corpus petition moot, with practical guidance.

Mayor's Authority to Sign Contracts: Local Government Powers Under Philippine Law

Learn when a city mayor can validly sign contracts for the local government, based on a Philippine Supreme Court ruling on market stall leases.

Tax Declaration vs. Deed of Sale: Proving Land Ownership in the Philippines

A tax declaration annotation is not proof of land ownership. Learn what documents legally establish title under Philippine law.

When Certifying Completion: Public Official Liability for Inaccurate Certifications

A provincial treasurer certified PSB projects as 100% complete when they were not. The Supreme Court explains when officials face liability.

Court Employee Misconduct: When a Clerk's Text Message Undermines Judicial Integrity

A court clerk's text to a sheriff about a pending custody order led to a fine for conduct prejudicial to the best interest of the service.

Dismissal Denied: Why Properly Stating Your Cause of Action Matters in Philippine Courts

Learn how the Supreme Court ruled on constructive dismissal in a security guard's case and why precise legal claims are crucial.

Due Process and Immigration Law: When a Judge’s Procedural Errors Become Gross Ignorance

A judge’s disregard of the three-day notice rule and immigration law results in administrative liability for gross ignorance of the law.

Prescription of Penalties: Imprisonment Must Begin Before Evasion Can Trigger Prescriptive Period

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes during actual imprisonment, not while at large.

When Does Prescription of Penalties Begin? The Doctrine of Evasion of Sentence

Philippine Supreme Court clarifies that prescription of penalties under Article 93 RPC only runs when a convict escapes while serving imprisonment.

Breach of Warranty: Proving Hidden Defects in Animal Feed Cases

Philippine Supreme Court ruling on what buyers must prove to claim breach of warranty for hidden defects in animal feed.

Sheriffs Overreach Defining THE Limits OF Property Levy IN Philippine LAW

When can a sheriff's levy on execution be considered excessive? The Supreme Court clarifies the limits of property levy in Philippine law.

Forged Signatures and Bank Liability: Protecting Depositors in Check Transactions

When a bank pays out on a forged check, who bears the loss? The Supreme Court clarifies the rules on bank liability under Philippine law.

Reconstitution of Lost Titles: The Imperative of Primary Evidence and Due Diligence in Land Registration

Philippine Supreme Court ruling on reconstitution of lost titles, emphasizing primary evidence requirements and due diligence in land registration cases.

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

When a Barangay Captain Cannot Be Independent Counsel: Extrajudicial Confessions and the Constitution

A barangay captain who is a lawyer cannot act as independent counsel for a suspect. The Supreme Court explains why the confession was inadmissible.

DNA Evidence and Conviction: The Yatar Case and the Standard for Admissibility

Explaining how the Supreme Court in People v. Yatar set the standard for admitting DNA evidence in Philippine criminal cases.

Flight From Justice: How Fugitive Status Can Bar Appeal Rights in the Philippines

Philippine Supreme Court ruling explains how a fugitive's escape from custody can lead to dismissal of their appeal and loss of legal remedies.