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 361384 of 502 articles for mandatory

Accountability in Public Office: Good Faith Is Not a Free Pass in Malversation Cases

A look at Melchor v. Gironella on administrative liability, good faith, and the burden of proof in public office.

Preliminary Injunctions Preserve Status Quo, Not Final Judgments — Key Rules

Philippine Supreme Court explains why preliminary injunction orders are interlocutory, unappealable, and need not state full facts and law.

Perfecting Appeals: The Crucial Difference Between Single and Multiple Judgments in Philippine Law

Learn when a record on appeal is required in Philippine civil procedure, and why missing this step can cost you your appeal.

Barangay Conciliation Substantial Compliance Sufficient For Unlawful Detainer Cases

Substantial compliance with barangay conciliation suffices for unlawful detainer cases, even without pangkat proceedings, per Zamora v. Heirs of Izquierdo.

Supreme Court Reinstates NLRC Ruling on Belated Labor Appeal: Timeliness Matters

SC ruling clarifies that belated appeals to the NLRC cannot be excused by mere merit arguments, reaffirming strict procedural rules.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Judicial Responsibility: Timely Decisions and Accountability for Delays

Philippine Supreme Court ruling on judges' duty to decide cases promptly, and accountability for undue delay.

Incestuous Rape: Credibility of a Victim's Testimony in Cases of Parental Abuse

When a mentally disabled minor is raped, her testimony can convict. The Supreme Court explains why in People v. Mabonga.

Negligence and Security Protocol: Defining Duty in Judicial Premises

Supreme Court ruling on security guard negligence in judicial premises, explaining duty standards, simple neglect, and penalties under civil service rules.

Paying Appellate Docket Fees on Time Is Mandatory for a Valid Appeal

Philippine Supreme Court ruling on why paying appellate docket fees on time is mandatory, and what happens when an appeal is filed without them.

Retroactivity of Procedural Rules When Amended Laws Affect Pending Cases

When procedural rules change mid-case, retroactivity applies. Learn how the Supreme Court resolved this in Siena Realty.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.

Judicial Accountability: Delay and Abuse of Authority in Search Warrant Issuance

A judge fined P15,000 for issuing a search warrant without authority and delaying resolution—lessons on judicial accountability.

When Survey Plans Lack Approval Reversion OF Land Titles TO THE State

A land title issued without a survey plan approved by the Director of Lands is void, and the State may seek its reversion.

Incestuous Rape Revisiting Penalties and the Application of Aggravating Circumstances

The Supreme Court clarifies penalties for incestuous rape, emphasizing proof of minority and the mandatory award of civil indemnity.

Foreclosure Publication Requirements: Protecting Property Rights in Rural Bank Loans

Learn how strict publication rules in rural bank foreclosures protect property owners, and why buyers must verify possession before purchasing.

DARAB Contempt Powers: Why Arrest Orders Must Come From Courts

The Supreme Court limits DARAB's contempt power—arrest orders for indirect contempt must come from the Regional Trial Court, not administrative bodies.

Judicial Discretion vs Delay: Balancing Justice and Efficiency in Philippine Courts

Philippine Supreme Court clarifies when court delays warrant administrative liability, distinguishing error from bad faith in judicial discretion.

Judicial Efficiency: Sanctions for Undue Delay in Rendering Decisions

A judge's failure to decide cases within 90 days is undue delay, a less serious offense under Rule 140.

Court of Appeals Erred in Dismissing Appeal Over Photocopied Annexes

Supreme Court rules photocopied annexes in Rule 43 appeals need not be certified true copies, only the assailed decision itself.

Rape and Consent: Understanding Force and Intimidation in Philippine Law

The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187

Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.

When Killing a Child Is Treachery: The Ostia Murder Case

Explaining why killing a four-year-old is treachery, and why the Court still reduced the penalty to reclusion perpetua.