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 71 articles for agency

Security Guard Negligence and Damnum Absque Injuria: Lessons from a Philippine Supreme Court Ruling

A Supreme Court ruling on security agency liability, negligence, and the principle of damnum absque injuria, explained for property owners and agencies.

HLURB Decisions in Homeowners’ Association Disputes: Appeal to the CA, Not the OP

A Supreme Court ruling clarifies that HLURB decisions on intra-association disputes must be appealed directly to the Court of Appeals, not the Office of the President.

Reassignment Orders and Insubordination: What Public Employees Must Know

Public employees must comply with reassignment orders even while appeals are pending. The Supreme Court clarifies the limits of insubordination.

Dishonesty in Public Service: Falsifying the PDS and CSC Jurisdiction Over Exam Anomalies

The Supreme Court affirms dismissal for dishonesty when a police applicant cheats on exams and lies in the Personal Data Sheet.

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.

Nepotism in Government: Designation of Relatives Is a Prohibited Appointment

The Supreme Court ruled that designating a relative to government duties—even unpaid or off-plantilla—violates the ban on nepotism.

Road Lots and HLURB Jurisdiction: What Subdivision Owners Must Know

The Supreme Court clarifies HLURB jurisdiction over subdivision road lots, public access rights, and the need to exhaust administrative remedies.

Reassignment vs. Transfer: What Public School Teachers Should Know

The Supreme Court clarifies when a public school teacher can be reassigned without consent, and how security of tenure applies.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

Finality of DAR Orders: Due Process in Agrarian Reform Cases

Learn how the Supreme Court upholds the finality of DAR orders, the rules on land reclassification, and due process in agrarian reform.

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

Procuring Cause: When Real Estate Brokers Earn Their Commission

Learn when a real estate broker earns a commission under Philippine law, explained through the Supreme Court's ruling in Ticong v. Malim.

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

PEZA Tax Exemption: Instrumentality of National Government and Real Property Tax

Supreme Court rules PEZA is exempt from real property tax as an instrumentality of the national government, clarifying local taxing limits.

Stored Goods Destroyed by Fire: When Negligence Overrides Fortuitous Events

Learn when storage facilities are liable for goods destroyed by fire, and how the Supreme Court applied res ipsa loquitur in ICTSI v. Chua.

Administrative Jurisdiction in the Philippines: Ombudsman, PAGC, and the CSC Appeal Route

A 2011 Supreme Court ruling clarifies concurrent jurisdiction among anti-graft bodies and why appeals must go to the CSC first.

SSS Death Benefits: Does Legal Separation Bar a Spouse’s Claim?

Legal marriage alone does not guarantee SSS death benefits—surviving spouses must prove actual dependency, especially after separation.

Evidence Rules in Philippine Administrative Cases: The Atienza Case Explained

Administrative bodies in the Philippines follow relaxed evidence rules. Learn what Atienza v. Board of Medicine means for professionals facing administrative scrutiny.

HLURB Jurisdiction Over Condominium Disputes: Peralta v. De Leon Explained

Learn how the Supreme Court affirmed HLURB's exclusive jurisdiction over condominium buyer-developer disputes in Peralta v. De Leon.

GSIS Pension Rights: Recovering Retirement Benefits After a Wrongful Denial

Learn how the Supreme Court protects government retirees' pension rights, even when GSIS initially approved benefits under the wrong law.