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 1,574 articles for resolution

Disallowance of Separation Benefits When Contractual Status Impacts Entitlement

Supreme Court affirms COA disallowance of separation pay for period when employee was contractual, but excuses good-faith refund.

Rape Conviction Affirmed: Victim Credibility and Corroborating Testimony in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that a minor victim's credible testimony, corroborated by medical evidence, suffices for conviction.

Corporate Rehabilitation Stay Orders: What They Mean for Property Claims

The Supreme Court explains how a stay order in corporate rehabilitation suspends all claims, including demands for specific performance of property sales.

Lawyer's Duty to Client: Neglect and Failure to Inform Leads to Six-Month Suspension

A lawyer who failed to inform a client about an adverse NLRC ruling and did not appeal was suspended for six months for violating the Code of Professional Responsibility.

Grave Misconduct in Government Service: When Dismissal Is the Only Penalty

Supreme Court reinstates dismissal of immigration officer for extortion and grave misconduct, ruling first offense cannot mitigate penalty.

Treachery in Criminal Law: The Element of Surprise in Murder Convictions

A Supreme Court ruling explains how sudden, unexpected attacks constitute treachery in murder cases, and why evident premeditation requires more proof.

Notarial Duty and Administrative Liability: Upholding Integrity in Court Services

A branch clerk of court was suspended for notarizing documents without following the 2004 Rules on Notarial Practice. Learn the rules and risks.

Contempt of Court for Ignoring Immediate Suspension Orders in the Legal Profession

The Supreme Court clarifies that lawyers must comply with suspension orders marked "effective immediately" upon receipt, or face contempt.

Mining Rights Due Process Prevails Over Automatic Abandonment in Philippine Mining Law

Philippine Supreme Court clarifies that mining claims cannot be automatically abandoned for failure to file work obligation reports; due process must first be observed.

Lawyer Suspended for Misappropriating Client Funds: Fiduciary Duty Breach

When a lawyer fails to return client money upon demand, the Supreme Court presumes misappropriation—a breach of fiduciary duty warranting suspension.

Official Inaction and Anti-Graft Law: When Delay Becomes Discrimination

Court personnel who leak confidential office documents to embarrass colleagues face administrative liability, even if complainants withdraw their cases.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Extinguishment of Criminal Liability: How Death Before Final Judgment Impacts Guilt and Civil Obligations

A Supreme Court ruling clarifies how an accused's death before final judgment extinguishes criminal liability and affects civil damages.

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.

Due Process Prevails: Cross-Examination Rights and the Consequences of Missed Notice

A Supreme Court ruling on why a labor arbiter cannot hold non-parties liable in an execution writ without due process and jurisdiction.

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

The Three-Day Notice Rule: Ensuring Due Process in Motion Hearings

The Supreme Court clarifies the mandatory three-day notice rule for motions and why personal service is preferred in Philippine procedure.

When Judges Fall Short: Accountability, Mediation Rules, and Court Personnel Duties

Philippine Supreme Court ruling on judicial accountability, proper mediation referral, and the limits of delegating court personnel duties.

Enforcing Arbitration Agreements: How Philippine Courts Handle Multi-Party Disputes

The Supreme Court clarifies that courts must refer arbitration-bound parties to arbitration even when other parties in the same case are not covered.

Certiorari Filing Deadlines: The 60-Day Rule and Grave Abuse of Discretion

A dismissed employee's appeal was wrongly rejected by the Court of Appeals before the 60-day certiorari period lapsed—what this means for litigants.

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Protecting Contractors: Quantum Meruit and COA Disallowances in Government Projects

Supreme Court clarifies when contractors may recover from void government contracts under quantum meruit, and the limits of COA's audit powers.