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 409432 of 839 articles for family

Bigamy and Nullity: When a Void Marriage Declaration Does Not Erase Criminal Liability

The Supreme Court clarifies that a belated judicial declaration of nullity of a first marriage does not automatically defeat a bigamy charge under Philippine law.

When Banks Dishonor Checks: The Citibank v. Dinopol Case on Fiduciary Duty and Damages

The Supreme Court ruled that banks must exercise the highest degree of diligence, holding Citibank liable for dishonoring a check over a P58.33 charge.

When Amparo Fails Balancing Rights AND Evidence IN Disappearance Cases

The writ of amparo protects life, liberty, and security. But what happens when the evidence is weak or the case is moot? This article explains the limits of amparo relief in Philippine courts.

Navigating Appeals When Questions of Fact and Law Intertwine in Philippine Courts

Learn how Philippine courts handle appeals involving mixed questions of fact and law, based on a 2010 Supreme Court ruling.

Judicial Discretion vs Undue Favoritism: When Judges Face Administrative Liability

Explaining when judicial rulings constitute administrative offenses, based on the Supreme Court's dismissal of the complaint against CA Justices Roxas and Enriquez.

Irrevocable Donations: When a “Donation Mortis Causa” Is Really Inter Vivos

Philippine Supreme Court clarifies when an irrevocable donation labeled "mortis causa" is actually a donation inter vivos, with practical legal implications.

Annulment and Parricide: The Prejudicial Question Rule Explained

When a marriage annulment case can—and cannot—suspend a criminal case for parricide under Philippine law.

Death of Accused Pending Appeal Extinguishes Criminal and Civil Liability

When an accused dies while appeal is pending, criminal liability and civil liability ex delicto are extinguished under Article 89 of the Revised Penal Code.

Contract to Sell Default: When Sellers Can Cancel and Keep the Property Off the Market

Philippine Supreme Court ruling on when a buyer's failure to pay installments in a contract to sell justifies cancellation by the seller.

Protecting Minors: Conviction for Statutory Rape and Acts of Lasciviousness Affirmed

The Supreme Court affirms a conviction for statutory rape and acts of lasciviousness against minors, clarifying key legal principles on carnal knowledge and penalties.

Torrens Title Prevails Over Unregistered Deed in Possession Dispute

Supreme Court rules registered owners have better right to possession than occupants holding unregistered deeds, even notarized ones.

Electricity Disconnection in the Philippines: When Can a Utility Cut Your Power?

Know your rights when a utility disconnects your electricity. Philippine law requires due process—here's what a utility must prove first.

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.

Spousal Consent in Conjugal Property Disposition Under the Family Code

The Supreme Court explains why a spouse cannot sell conjugal property without the other's written consent, and what buyers must verify.

Circumstantial Evidence in Rape with Homicide: The Unbroken Chain of Guilt

The Supreme Court explains when circumstantial evidence suffices to convict in rape with homicide, and the penalties and damages that follow.

When Court Personnel Face Misconduct: The Bengson Case on Private Dealings

Court employees must uphold integrity even in private deals. The Bengson case shows when misconduct applies.

Parental Authority vs Incest: Upholding Conviction in Qualified Rape Cases

Supreme Court affirms qualified rape conviction of father, ruling that a father's moral ascendancy substitutes for force and resistance in incestuous rape.

Partnership Disputes: Proving a Partnership Without a Formal Agreement

When no written partnership contract exists, courts look to conduct and circumstances. This case shows how to prove or disprove an informal partnership.

Love Conquers All: Marriage Extinguishes Rape Conviction Under Philippine Law

Philippine Supreme Court absolves a convicted rapist after marrying the victim, citing provisions of the Revised Penal Code on marriage as extinguishing criminal liability.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

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.

Moral Ascendancy in Rape Cases: The Duty of Care and Protection

Philippine Supreme Court ruling on how moral ascendancy substitutes for force in rape, and the duty of a mother's live-in partner.