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 433456 of 584 articles for exceptions

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final judgments in disbarment cases, citing a lawyer for indirect contempt and disobedience for defying orders.

Finality of Judgments in Disbarment Cases: Enforcement and Contempt for Non-Compliance

Supreme Court enforces disbarment ruling, cites lawyer for contempt and disobedience for defying final judgment and return order.

Jurisdiction vs Exercise of Jurisdiction: Upholding Court Authority Despite Procedural Errors

The Supreme Court clarifies that jurisdiction over labor cases persists despite procedural lapses, and rules on retirement age, CBA benefits, and tax refund claims.

Customs Search vs Unlawful Seizure: Limits of Airport Security

Philippine Supreme Court ruling on warrantless customs searches at airports, balancing constitutional rights against anti-smuggling enforcement.

PLDT v. City of Bacolod: The Limits of the Most-Favored-Treatment Clause in Tax Exemptions

The Supreme Court rules that the most-favored-treatment clause in R.A. 7925 does not grant tax exemptions to telecommunications companies.

Reckless Imprudence and Damages in Vehicular Homicide: Key Rules from Nueva España

The Supreme Court clarifies reckless imprudence liability, proof of damages, and employer subsidiary liability in vehicular homicide cases.

Perfecting Appeals in Labor Cases: The Strict Rule on Posting an Appeal Bond

A look at the Supreme Court's ruling that an employer's failure to post an appeal bond on time is fatal to an appeal, even if other requirements were met.

Homestead Rights vs Agrarian Reform: What Landowners Must Know

A Supreme Court ruling clarifies that homestead patents do not automatically exempt land from agrarian reform coverage under Philippine law.

Execution Pending Appeal: The Imperative of Good Reasons in Philippine Civil Procedure

Philippine courts grant execution pending appeal only for compelling reasons. Learn the rule, the exceptions, and practical takeaways.

CBA Separation Pay for Voluntary Resignation: When Contractual Stipulations Prevail

Philippine Supreme Court rules that a CBA can grant separation pay to voluntarily resigning employees, even if the Labor Code does not require it.

Water District Board Compensation: Per Diems, Additional Benefits, and COA Disallowances

The Supreme Court clarifies that water district directors may receive only per diems under PD 198, with limited exceptions for good faith recipients.

Employer-Employee Relationship: The Foundation of Illegal Dismissal Liability

Why labor tribunals must establish employer-employee relationship before ruling on illegal dismissal, and the consequences of failing to do so.

Finality of Judgment: When Labor Decisions Become Unchangeable

Learn when labor case decisions become final and unchangeable, and why courts require clear factual findings before ruling on employer liability.

Extraterritorial Service of Summons: Due Process for Non-Resident Defendants

Philippine courts must strictly comply with rules on extraterritorial service of summons before declaring non-resident defendants in default.

Filial Privilege When CAN A Child Testify Against A Parent IN Philippine Courts

Philippine law on when a child may testify against a parent in court, explained in plain language for lay readers.

MTRCB Review Power Over TV Programs: The Inside Story Ruling on Freedom of Expression

Supreme Court affirms MTRCB authority to review all television programs, including public affairs shows, citing the Iglesia ni Cristo doctrine.

Tuition Fee Increases and Employee Benefits: Ensuring Fair Allocation of Incremental Proceeds

Philippine Supreme Court rules on how to compute incremental proceeds from tuition fee increases for employee benefits under RA 6728.

Exhaustion of Administrative Remedies: Pollution Cases Belong to DENR, Not Courts

Supreme Court ruling on exhaustion of administrative remedies in pollution cases, affirming DENR Pollution Adjudication Board's primary jurisdiction.

When Can Heirs Sue for Partition: Co-Ownership Rules in Inheritance Disputes

Learn when heirs can demand partition of inherited property, the rules on co-ownership, and how Philippine courts resolve inheritance disputes.

Disbarment for Legal Counsels Dishonest and Unlawful Conduct

A lawyer's duty to hold client funds in trust, and the consequences of misappropriation after a client's death.

Smuggling and the Presumption of Guilt: Possession and Tax Obligations in Philippine Law

When does possession of untaxed goods create a presumption of smuggling under Philippine law? The Supreme Court explains in Rieta v. People.

Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

When Exam Integrity Is Questioned: The Limits of Mandamus in Professional Licensing

Passing a licensure exam does not automatically entitle a candidate to a professional license, especially when exam integrity is under official investigation.

Perfecting Appeals: Why Timely Docket Fees Matter in Philippine Courts

Philippine courts require timely payment of appellate docket fees to perfect an appeal. Learn the rules and practical lessons from Navarro v. Metrobank.