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 759 articles for taking

Citizenship by Election: Untangling the Complexities of Philippine Nationality Law

A look at how the Supreme Court handled a deportation case hinging on a father's belated election of Philippine citizenship under the 1935 Constitution.

Upholding Franchise Agreements: The Limits of Certiorari in Challenging Final Judgments

When can a party challenge a final judgment through certiorari? The Supreme Court clarifies the limits of Rule 65 petitions in franchise disputes.

Abuse of Rights Under Article 19: When Business Decisions Are Protected

The Supreme Court clarifies when business decisions like audits and non-renewal of contracts are protected, not abuse of rights.

From Rice Fields to Fair Value: Determining Just Compensation in Agrarian Reform

When PD 27 lands remain unpaid at RA 6657's passage, just compensation follows RA 6657, not the old decree.

When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines

Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.

Dual Citizenship and Elections: The Renunciation Requirement Under R.A. 9225

Philippine dual citizens seeking elective office must personally renounce foreign citizenship under R.A. 9225. The Supreme Court explains in De Guzman v. COMELEC.

Mortgagor's Stipulated Right to Notice Prevails in Foreclosure Proceedings

Supreme Court rules banks must honor contractual stipulations requiring personal notice to mortgagors before extrajudicial foreclosure, or risk nullifying the sale.

Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages

Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.

Homestead Patent Validity Prevails Clarifying Land Ownership Rights And Restrictions

Supreme Court ruling on homestead patents, quitclaims, and land ownership rights under the Public Land Act.

Victim Identification Trumps Alibi: The Eduarte Robbery Case

When a victim positively identifies a robber and chases him down, a mere denial and alibi cannot overcome credible testimony.

Bonus Entitlement Discretion VS Contractual Right IN Employment Compensation

Philippine Supreme Court ruling on when bonuses are discretionary and when they become contractual obligations of employers.

Confession as Evidence Overcoming Hearsay in Robbery With Homicide and Carnapping Convictions

Philippine Supreme Court ruling on when an accused's confession to a witness is admissible evidence, not hearsay, in robbery with homicide and carnapping cases.

Horse Racing Regulation: Philracom's Power to Ensure Fair and Safe Races

The Supreme Court upholds Philracom's authority to issue rules and directives for the horse racing industry, including measures to eradicate Equine Infectious Anemia.

Distinguishing Homicide From Robbery With Homicide Intent IS KEY

The Supreme Court clarifies when a killing is mere homicide, not robbery with homicide, and explains the intent requirement.

Continuing Surety Agreements: When a Surety Stays Liable Despite Principal Default

Philippine Supreme Court ruling on continuing surety agreements and a surety's joint and several liability despite the principal debtor's default.

Continuing Surety Agreements: When a Surety Is Liable for Another's Loan

Philippine Supreme Court explains continuing surety agreements and when a surety becomes liable for a principal debtor's obligations.

Theft Beyond Tangibles: When Telecom Services Became Personal Property

The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.

Falsification of Public Documents: Duty and Deception in Local Governance

Barangay officials convicted for falsifying a resolution under Article 171(2) of the Revised Penal Code. The Supreme Court explains why.

Mandamus and Manila Bay Cleanup: Defining Ministerial Duties in Environmental Protection

The Supreme Court ruled that government agencies can be compelled by mandamus to clean up Manila Bay, defining environmental duties as ministerial.

The Perils of Alibi: Positive Identification Overrides Defense in Robbery and Rape Case

In People v. Gayeta, the Supreme Court affirmed that positive identification by credible witnesses prevails over an alibi defense in robbery and rape convictions.

Just Compensation in Agrarian Reform: Determining Land Value Under RA 6657

Philippine Supreme Court clarifies which law governs land valuation for agrarian reform properties acquired under PD 27 but compensated after RA 6657.

Just Compensation for PD 27 Lands: Applying RA 6657 After Delay

When just compensation remains unsettled when RA 6657 took effect, the CARP Law governs valuation, not PD 27's outdated formula.

Renouncing Foreign Citizenship: A Hard Requirement for Elective Office in the Philippines

The Supreme Court explains why a separate, sworn renunciation of foreign citizenship is required for elective office under RA 9225.

Eyewitness Identification and Inconsistent Statements in Robbery with Homicide Cases

How Philippine courts weigh eyewitness testimony, minor inconsistencies, and alibi defenses in robbery with homicide convictions.