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 1,213 articles for pea

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.

Death of the Accused Pending Appeal: What Happens to Criminal and Civil Liability

When an accused dies pending appeal, criminal liability and civil liability ex delicto are extinguished. Learn the rules from People v. Ayochok.

Summary Procedure Default: When Failure to Appear Warrants Judgment on the Complaint

Explains Lazaro v. Brewmaster International on when a court may render judgment based on the complaint's allegations under the Revised Rule on Summary Procedure.

When Final Judgments Clash: Upholding the Anti-Graft Law and Defining Usurpation of Judicial Functions in the

A provincial adjudicator ignored a final Court of Appeals ruling, leading to a landmark conviction under the Anti-Graft Law and a clarifying ruling on usurpation of judicial functions.

Losing the Right to Appeal: Why Timeliness Is Everything in Philippine Law

Timeliness is the lifeblood of appeals in Philippine courts. Learn why missing a deadline can forfeit a litigant's right to be heard.

When Peaceful Picketing Crosses the Line: Legal Boundaries in Labor Strikes

The Supreme Court clarifies when a "peaceful moving picket" becomes an illegal blockade, and the due process rights of dismissed strikers.

Certiorari as Substitute for Appeal: Procedural Lapses and Grave Abuse of Discretion in Philippine Courts

When can courts overlook procedural lapses? The Supreme Court clarifies certiorari, Rule 43, and grave abuse of discretion in Go v. Court of Appeals.

When Late Appeal Briefs Get Dismissed: Lessons from a Property Dispute

The Supreme Court explains when late filing of an appeal brief justifies dismissal, using a property dispute as a cautionary example.

Balancing Justice AND Procedure When Failure TO File AN Appeal Leads TO Dismissal

When failure to file an appeal brief leads to dismissal, the Supreme Court explains why procedural rules matter and when they may be relaxed.

Upholding Ethical Standards Disciplining Court Personnel For Gross Discourtesy And Unprofessional Conduct

The Supreme Court disciplines a judge for simple misconduct, emphasizing that judges must avoid impropriety and the appearance of impropriety in all activities.

Judicial Conduct: Impartiality and the Appearance of Impropriety

A judge who dismissed a case without independent review and solemnized the accused's son's wedding faces administrative liability.

Double Jeopardy and Grave Abuse of Discretion in Securities Case Dismissals

The Supreme Court explains when a demurrer-based acquittal bars appeal and what grave abuse of discretion means.

Appeal Dismissed: Failure to Post Appeal Bond Is Jurisdictional Defect in Labor Cases

Learn why failing to post an appeal bond in labor cases is a jurisdictional defect that can cost you your appeal.

Immediate Execution of Damages: Protecting Corporate Dissenting Stockholders' Rights

Philippine Supreme Court clarifies that awards for exemplary damages and attorney's fees in intra-corporate disputes are not immediately executory pending appeal.

Defining the Lines: Independent Contractor vs Employee Status in Philippine Labor Law

Philippine Supreme Court clarifies the distinction between independent contractors and employees, and the fatal consequences of procedural lapses in labor appeals.

Decoding Independent Contractors When Control Determines Employment Status in the Philippines

Philippine Supreme Court clarifies employer-employee relationship tests and the mandatory certificate of non-forum shopping in NLRC appeals.

Authority to Represent: The Limits of Legal Representation for Government-Owned Corporations

A Supreme Court ruling clarifies when lawyers may appear for GOCCs, requiring OGCC and COA approval before private counsel can act.

Double Jeopardy and Demurrer to Evidence: When Prosecution Appeals Are Barred

The Supreme Court explains when the prosecution cannot appeal an acquittal and why certiorari, not appeal, is the proper remedy.

Double Jeopardy and Demurrer to Evidence: Protecting the Accused in Philippine Criminal Cases

Learn how the double jeopardy rule protects accused persons when courts grant demurrers to evidence, and why prosecutors cannot simply appeal acquittals.

Attorney Suspended Two Years for Dishonored Check and Disregard of Court Processes

A.C. No. 8390: Lawyer suspended two years for issuing a bouncing check and repeatedly ignoring court and IBP orders.

Appeal Dismissed: The Imperative of Timely Docket Fee Payment in Philippine Courts

Explore the Supreme Court's ruling on docket fees, emphasizing the strict requirement for timely payment to perfect an appeal in Philippine courts.

When a Client Relieves Counsel: Withdrawal of Appeal and Compromise Agreements

A look at Bautista v. Seraph Management Group, Inc. on withdrawal of appeals, relieving counsel, and the validity of compromise agreements.

Client’s Right to Terminate Counsel and Withdraw Appeal: Bautista v. Seraph Management

Supreme Court affirms a client’s absolute right to fire counsel and withdraw an appeal, even if the lawyer doubts the client’s decision.

Fresh Period Rule in Administrative Cases: Panolino v. Tajala Explained

When does the Neypes fresh period rule apply? The Supreme Court clarifies it does not govern DENR administrative appeals.