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 42494272 of 6,627 articles

Prescription of Offenses Under Special Laws: Absence From the Philippines Does Not Suspend the Period

The Supreme Court rules that under Act No. 3326, an accused's absence from the Philippines does not interrupt the prescriptive period for offenses under special laws.

Prejudicial Question in Philippine Criminal Procedure: Suspends, Not Dismisses, Criminal Cases

Understand the prejudicial question doctrine in Philippine criminal procedure—how it suspends rather than dismisses criminal cases, with key rules.

Documentary Stamp Tax on Foreign Exchange Sales: Who Pays

Philippine Supreme Court ruling on documentary stamp tax liability for foreign exchange sales to the Central Bank.

Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court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

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Proving Causation in Delayed Illness Claims: Philippine Employee Compensation Law

Learn how Philippine courts decide employee compensation claims when illness or death occurs years after employment ends, and what proof is required.

Motion for Reconsideration and Election Protests: The CCP Board Case

The Supreme Court ruled on the constitutionality of filling vacancies in the CCP Board and the limits of the President's appointing power.

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.

Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction

Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.

Donations to Unregistered Organizations in the Philippines: When Are They Valid?

Philippine Supreme Court ruling on donations to unregistered organizations: why juridical personality matters and what donors and groups must know.

Lessor Liability for Lease Violations: Trespass in Fact vs Trespass in Law

Philippine Supreme Court ruling on when a lessor is liable for third-party disturbances of a lessee's possession, distinguishing trespass in fact from trespass in law.

SEC Cease and Desist Orders: When Regulatory Action Violates Due Process

The Supreme Court ruled the SEC acted with grave abuse of discretion by issuing a cease and desist order without proper investigation.

Ombudsman's Power to Investigate COA Findings Not a Prerequisite: PAL Officers Case

Supreme Court rules Ombudsman lacks jurisdiction over officers of GOCCs without original charters, like PAL. Learn the limits of Ombudsman power.

When Certiorari Cannot Replace a Lost Appeal: Villanueva v. Quisumbing

Supreme Court clarifies that certiorari cannot substitute for a lost appeal, and distinguishes grave misconduct from disgraceful and immoral conduct.

Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements

Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

Extinguishment of Debt by Overpayment and Nullification of Extrajudicial Foreclosure

When overpayment extinguishes a mortgage debt, a foreclosure based on alleged default has no legal basis and may be voided.

Executive Privilege vs Legislative Oversight: Defining the Limits of Presidential Power

The Supreme Court struck down E.O. 464's blanket ban on executive officials appearing before Congress, clarifying the proper scope of executive privilege in legislative inquiries.

Condominium Assessments: Lien Enforcement and Priority in the Philippines

Learn how condominium assessment liens work in the Philippines, including registration requirements, priority rules, and enforcement limits under the Condominium Act.

Prescription and Foreclosure: Understanding Timelines in Philippine Mortgage Law

Learn when prescription bars mortgage foreclosure actions in the Philippines, and why courts—not litigants—decide the issue.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Non-Retroactivity of BIR Rulings: The Benguet Case and Taxpayer Protection

Learn how the Supreme Court protects taxpayers from retroactive BIR rulings, based on the landmark Benguet Corporation case.

Who Is in Delay in Reciprocal Obligations? Philippine Contract of Sale Disputes

Philippine Supreme Court clarifies when delay begins in reciprocal obligations under a contract of sale, and why mutual default cancels out.