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 385408 of 513 articles for mandatory

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.

Rape Conviction Affirmed: Why Victim Credibility and Corroborating Evidence Matter

Supreme Court affirms rape conviction, highlighting victim credibility, corroborating medical evidence, and mandatory civil indemnity in sexual assault cases.

Free Meals or More Than Free Meals? Interpreting Collective Bargaining Agreements

When a CBA says "after three hours," does it mean exactly three or more than three? The Supreme Court settles the rule on plain meaning.

How Barangay Conciliation Affects Prescription Periods in Philippine Criminal Cases

Learn how filing a complaint with the barangay interrupts prescription periods for criminal offenses, based on a Supreme Court ruling.

Maintaining Professionalism: Lawyers' Duty to Courteous Conduct

Philippine Supreme Court rules on lawyer discipline for uncivil conduct toward fellow attorneys, citing Canon 8 of the Code of Professional Responsibility.

Proportional Representation in Electoral Tribunals: The Pimentel Case

Explaining the Supreme Court ruling on proportional representation of party-list groups in the HRET and Commission on Appointments.

Supreme Court Upholds Murder Conviction Despite Fugitive Status

The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.

Upholding Mortgage Foreclosure Waiver and Estoppel in Property Redemption

A mortgagor who attempts to redeem foreclosed property waives defects in the foreclosure sale and is estopped from later challenging its validity.

Preventive Suspension Limits and Employee Rights in Philippine Administrative Law

When can a 90-day preventive suspension be extended? The Supreme Court clarifies employee rights and the limits of disciplinary authority.

Simple vs Qualified Rape: Why Allegations in the Information Matter

The Supreme Court explains why the death penalty for qualified rape requires both minority and relationship to be alleged in the information.

Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals

Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.

Collective Bargaining: When Partial Agreements Do Not Make a CBA

Supreme Court clarifies that partial agreements in conciliation do not constitute a completed CBA; parties must still negotiate in good faith.

Clerk of Court Fined for Delayed Fund Remittance Despite Full Restitution

Supreme Court holds clerk of court administratively liable for delayed remittance of judiciary funds, imposing fine despite full restitution after retirement.

Rape Conviction Affirmed: The Weight of a Victim's Testimony and Corroborating Medical Evidence

A look at how the Supreme Court upheld a rape conviction, relying on the victim's credible testimony and medical findings.

Drunkenness on Duty: Upholding Ethical Standards for Government Employees in the Philippines

The Supreme Court suspends a court employee for six months for drinking on duty, reaffirming that public office is a public trust.

Unconscionable Penalties in Real Estate Contracts: Balancing Equity and Contractual Obligations

When a 3% monthly penalty on unpaid installments becomes unconscionable, Philippine courts may reduce it under Civil Code Articles 1229 and 2227.

Judicial Ethics: When Can a Judge's Spouse Practice Law in His Court

Explore the ethical boundaries for judges' spouses practicing law, based on Philippine Supreme Court rulings and the Code of Judicial Conduct.