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 758 articles for taking

Dishonesty in Public Service: The Cost of Misrepresentation and the Limits of the Right to Counsel

A Supreme Court ruling shows how dishonesty in securing civil service eligibility leads to dismissal, and why the right to counsel does not apply in administrative probes.

When Pilots' Negligence Is the Proximate Cause: The 2010 Runway Collision Ruling

Supreme Court rules on proximate cause in the 1996 NAIA runway collision, holding pilots liable for gross negligence despite air traffic clearances.

Res Judicata and Land Ownership: When a Criminal Ruling Does Not Bind a Civil Case

A criminal conviction for theft does not automatically settle land ownership in a separate civil case. Learn how res judicata applies.

When Public Officials Face Personal Liability for Official Acts

Supreme Court clarifies when school officials may be personally sued for damages and why exhaustion of administrative remedies does not apply.

Upholding Government Authority When Public Interest Overrides Private Land Claims In Expropriation

Philippine Supreme Court ruling on expropriation, public interest, and limits of private land claims against government authority.

Incestuous Rape Conviction Affirmed Despite Doubts on Victim's Behavior

Supreme Court affirms rape conviction, ruling that a victim's initial inconsistent reports and lack of bruises do not negate the crime.

Unliquidated Claims When Repair Costs Cannot Offset Rental Payments IN Lease Agreements

When can a lessee offset repair costs against unpaid rent? The Supreme Court explains the rule on legal compensation in lease disputes.

Seafarers' Rights: Employer Liability for Illness Manifesting During Employment Despite Post-Contract Death

Philippine Supreme Court ruling on seafarer death benefits when illness manifests during employment but death occurs after contract term.

Rescission Rights When Leased Property Becomes Unusable Due to Natural Disasters

When a leased property becomes unusable due to floods or other natural causes, lessees may have the right to rescind the lease. The Supreme Court explains the rules.

Robbery With Rape Conviction: Victim Testimony Prevails Over Alibi Defense

Supreme Court affirms robbery with rape conviction, holding that a victim's positive identification prevails over an accused's weak alibi defense.

Sale of Conjugal Property Without Spousal Consent: Void Contracts and Heirs' Rights

Philippine Supreme Court ruling on void sales of conjugal property without spousal consent, heirs' rights, and prescription periods explained.

Establishing Filiation: The Evidentiary Standard for Illegitimate Children's Support Claims

A support promise without an admission of paternity does not establish filiation. Nepomuceno v. Lopez clarifies the rule.

Eminent Domain Revisited: When Expropriated Land Must Be Returned After Public Use Ceases

Philippine Supreme Court clarifies when former owners can reclaim expropriated property if the public purpose is abandoned or never pursued.

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

Psychological Incapacity: When Personality Disorders Do Not Nullify a Marriage

The Supreme Court clarifies that a diagnosis of personality disorders alone does not prove psychological incapacity under Article 36 of the Family Code.

Intent to Gain in Robbery With Homicide: Key Element in Philippine Law

The Supreme Court explains intent to gain as a decisive element in robbery with homicide, clarifying the rules on killing incidental to robbery.

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.

Presidential Warranties vs. State Sovereignty: The PICOP Timber License Case

The Supreme Court ruled presidential warranties on timber licenses are not contracts, and state sovereignty over natural resources prevails.

Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives

A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.

Positive Identification Prevails Over Alibi in Philippine Murder Conviction

How the Supreme Court affirmed a murder conviction, ruling that credible eyewitness identification outweighs the inherently weak defense of alibi.

Credibility of Eyewitness Testimony in Murder Convictions: People v. Dela Cruz

The Supreme Court affirms a murder conviction based on eyewitness testimony, explaining rules on credibility, alibi, treachery, and damages.

Government Contracts and Eminent Domain: Scrutinizing Good Faith in Land Acquisition

Philippine Supreme Court clarifies that just compensation in agrarian reform must follow RA 6657 and DAR formulas, not market data alone.

Parking Fees vs Public Access: Reconciling Building Codes and Private Property Rights in Philippine Malls

Supreme Court rules malls may charge parking fees; building codes require spaces, not free access. Property rights prevail.

Territorial Jurisdiction and Taxing Power: The Limits of Local Authority

A local government cannot tax property outside its territory. The Supreme Court explains why jurisdiction defines taxing power.