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 39613984 of 9,848 articles for up

VAT Liability and Contractual Stipulations: Lessons from Mendiola v. Commerz Trading

Philippine Supreme Court clarifies who bears VAT liability when a contract shifts tax burden—and who must pay the BIR.

Demand Is Key: Determining the Prescription Period for Unlawful Detainer in the Philippines

Learn how the Supreme Court ruled that the one-year period for unlawful detainer is counted from the last demand to vacate, not from the date of non-payment.

Proper Documentation Matters: When Belated Birth Registration Fails in Philippine Law

The Supreme Court nullified a correction of birth date in police service records for lack of indispensable parties and weak evidence. Learn the rules.

Upholding Client Loyalty Disciplinary Action FOR Attorneys Representing Conflicting Interests IN THE Philippin

A lawyer cannot represent opposing clients even in unrelated cases. The Supreme Court explains the rule on conflicting interests and its consequences.

Receivership: A Harsh Remedy That Requires Imminent Danger of Loss

The Supreme Court clarifies that receivership is an extreme remedy, requiring proof of imminent danger of loss, not mere financial need.

Indispensable Parties: Why Government Agencies Must Be Included in Correction of Public Record Cases

The Supreme Court nullified a correction of birth date ruling because government agencies were not impleaded as indispensable parties. Learn the rules.

Quarrying Rights: Local Permits Prevail Despite National Authorization

Philippine Supreme Court rules that a national quarry permit does not override local government requirements like the governor's permit.

Self-Defense or Murder? The Limits of Justifiable Force in Philippine Law

A Supreme Court ruling clarifies when self-defense fails and a killing becomes murder, explaining unlawful aggression, treachery, and reasonable force.

Shared Responsibility: Apportioning Liability Between Carriers and Arrastre Operators for Cargo Damage

Philippine Supreme Court clarifies when carriers and arrastre operators share liability for damaged cargo, and the rules on subrogation and prescription.

Business Closure vs Retrenchment: Protecting Workers' Rights in the Philippines

The Supreme Court clarifies the difference between business closure and retrenchment under Philippine labor law, and when separation pay is required.

When Administrative Tribunals Overstep: COSLAP Jurisdiction and the Dream Village Ruling

The Supreme Court clarifies COSLAP's limited jurisdiction over land disputes involving titled government property reserved for public purpose.

Strict Compliance with Publication Rule Is Jurisdictional in Title Reconstitution

Philippine Supreme Court rules that failure to strictly comply with the 30-day publication requirement in reconstitution cases deprives courts of jurisdiction.

Dividing Labor When Teaching and Non-Teaching Staff Form Unions

Philippine Supreme Court ruling on bargaining units when teaching and non-teaching personnel join one union.

Upholding Attorney Accountability Neglect IN Filing Appellants Brief Leads TO Suspension

A look at Zuellig Freight v. NLRC on corporate name changes, illegal dismissal, and attorney's fees.

Upholding Prior Possession in Forcible Entry and the Burden of Proof in Property Disputes

Philippine Tourism Authority v. Sabandal-Herzenstiel clarifies prior possession and burden of proof in forcible entry cases.

Habeas Corpus: When Can a Court-Ordered Detention Be Challenged

The Supreme Court explains when habeas corpus cannot be used to challenge a detention—and what remedy is available instead.

Chain of Custody in Drug Cases: Preserving Evidence Integrity Under RA 9165

The Supreme Court explains the chain of custody rule in drug cases and why minor procedural lapses do not automatically acquit an accused.

Rape and Consent: Why Love Does Not Justify Sexual Assault in Philippine Law

Philippine Supreme Court ruling affirms that being sweethearts is not a license for non-consensual sex, upholding rape convictions and clarifying the sweetheart defense.

Dishonesty in Public Service: Resignation Does Not Preclude Administrative Liability

Philippine Supreme Court ruling: resigning from government service does not erase administrative liability for gross dishonesty committed while in office.

Presidential Prerogative vs Artistic Integrity: The National Artist Awards Case

The Supreme Court clarifies the President's power to confer the Order of National Artists and its limits under Philippine law.

No Separation Pay for Employees Dismissed for Cause: Key Labor Ruling

Philippine Supreme Court clarifies that employees validly dismissed for just causes like breach of trust are not entitled to separation pay.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.