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 2548 of 63 articles for 1987 constitution

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.

Bail and Treachery: Reassessing Provisional Liberty in Murder Cases

The Supreme Court clarifies when bail may be granted in murder cases and how treachery must be proven by strong evidence.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Local Autonomy vs National Interest: Can Congress Override Local Taxing Power

The Supreme Court strikes down RA 9167 provisions that diverted local amusement taxes to a national agency, affirming local fiscal autonomy.

Self-Defense and Double Jeopardy: Key Lessons from People v. De Leon

The Supreme Court's ruling in People v. De Leon clarifies the strict requirements for self-defense and the absolute protection against double jeopardy in Philippine criminal law.

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Defining Capital: Filipino Control of Public Utilities Under the Constitution

The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar

Warrantless Arrests When POT Sessions Justify Immediate Police Action IN THE Philippines

When can police act without a warrant? Philippine law and jurisprudence define the limits of warrantless arrests.

Probationary Employment Security of Tenure and Due Process Rights in the Philippines

The Supreme Court clarifies that probationary employees in the civil service enjoy security of tenure and due process rights, and cannot be dismissed at will.

Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case

The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.

Dishonesty in Public Office: The Price of False Entries and Delayed Deposits

A cashier's false cashbook entry and delayed bank deposits amount to dishonesty, warranting dismissal from government service.

Crediting Government Service for Retirement: Defining the Scope of the Civil Service and Compensation

The Supreme Court clarifies which government services count for retirement benefits, distinguishing full-time civil service from part-time and non-chartered positions.

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.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

Reversion of Land Titles: Public Domain vs Private Claims in the Philippines

Supreme Court ruling on when certificates of title over public domain land, including timberlands, are void and subject to reversion.

Military Pension and Citizenship: The Parreño Ruling on PD 1638

Retired AFP officers who lose Filipino citizenship can have their pensions terminated under PD 1638, as upheld in Parreño v. COA.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines

Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.

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.

Deputy Ombudsman Impeachment Limits Clarified by Supreme Court

The Supreme Court clarifies that Deputy Ombudsmen are not impeachable officers, settling a long-standing constitutional question.

Three-Term Limit for Local Officials: When an Election Loss Resets the Clock

Election loss interrupts an official's service and resets the three-term limit, as clarified by the Supreme Court in Adormeo v. COMELEC.