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 43454368 of 7,676 articles for information

Evaluating Witness Credibility When a Trial Court’s Findings Prevail in Homicide Cases

How Philippine courts weigh witness credibility in homicide cases, why trial court findings prevail on appeal, and the role of circumstantial evidence.

Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales

Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.

Immorality as Ground for Suspension: Court Personnel Held to High Moral Standards

Court employees face discipline for immoral conduct. Learn how a process server's extramarital affair led to suspension.

Partnership vs Loan: Proving the True Nature of Money Transfers in Family Business Disputes

When is a transfer of funds a loan rather than a share of profits? The Supreme Court clarifies the rules of evidence in family business disputes.

When a Sheriff's Excuses Fail: Dereliction of Duty in Philippine Courts

A deputy sheriff's repeated failure to serve court processes leads to one-year suspension, clarifying standards of diligence for court personnel.

Self-Defense and Parricide: Proving Justification in Spousal Homicide

When a husband kills his wife, self-defense is hard to prove. This case explains the legal requirements and penalties.

Right to Counsel in Criminal Appeals: Due Process Beyond the Trial Court

The Supreme Court rules that the right to counsel extends to appeals, and gross lawyer negligence can excuse a missed appeal.

Proving Just Cause in Retrenchment and Redundancy: Lessons from AMA Computer College

Learn what employers must prove for valid retrenchment or redundancy dismissals, and why AMA Computer College's termination of two employees was ruled illegal.

Dismissal for Dishonesty: Courts Demand Accountability in Public Funds Management

Court personnel who willfully fail to pay just debts face administrative liability, even if complainants withdraw their cases. Learn the rules.

Insurer's Inaction on Insurance Application: When Silence Means Approval

Supreme Court rules insurer's prolonged inaction on a group life insurance application amounts to approval, protecting insured parties from prejudice.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination

Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.

Ethical Standards for Judges and Lawyers: Dismissal and Suspension for Gross Immorality

Supreme Court dismisses judge and suspends him from law practice for extramarital affair, reaffirming strict ethical standards for the judiciary and bar.

Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements

Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.

Protecting Land Titles: Limits of Agrarian Reform Jurisdiction and Ancestral Land Claims

Supreme Court ruling on DARAB jurisdiction, Torrens title protection, and ancestral land claims under RA 8371.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Compromise Agreements Prevail Over Final Judgments in Philippine Disputes

Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.

Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute

Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Breach of Trust Estafa Conviction for Misappropriated Purchase Orders

Supreme Court affirms estafa conviction when a seller used purchase order cards for personal benefit instead of remitting proceeds to the owner.

B.P. 22 Appeals: Failure to Serve Solicitor General Justifies Dismissal

Learn why failing to serve the Solicitor General in a B.P. 22 appeal can be fatal, and what procedural rules apply.

Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines

Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.