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 481 articles for authority

Contractor Licensing in the Philippines: PCAB vs. DTI Jurisdiction Explained

The Supreme Court clarifies that PCAB, not DTI, has jurisdiction over complaints against unlicensed contractors in the Philippines.

Solidary Liability in Construction Contracts: When LWUA Shares Responsibility

A Supreme Court ruling clarifies when LWUA can be held solidarily liable with water districts for construction contract obligations.

Guardianship in the Philippines: When the Proposed Guardian Lives Abroad

The Supreme Court clarifies that a guardian residing abroad can be appointed if the child's best interests and genuine commitment are shown.

When Government Transactions Can Be Disallowed: COA's Power Explained

The Supreme Court clarifies when COA may disallow government payments and when it oversteps its audit powers in this PhilHealth case.

DOJ Authority Over Preliminary Investigations: What It Means for Criminal Procedure in the Philippines

The Supreme Court recognizes the DOJ's authority to issue its own rules on preliminary investigations and repeals inconsistent provisions of Rule 112.

Functional Immunity for International Organizations in the Philippines: The Westfall v. Locsin Guide

Learn how the Supreme Court's Westfall v. Locsin ruling defines functional immunity for international organization personnel in the Philippines.

Case-Fixing in the Ombudsman: When Dishonesty Leads to Dismissal from Service

The Supreme Court affirms that case-fixing in the Ombudsman warrants dismissal, clarifying the standards of conduct for public servants.

Large Scale Illegal Recruitment in the Philippines: Economic Sabotage Explained

The Supreme Court affirms life imprisonment for large scale illegal recruitment, an offense involving economic sabotage under Philippine law.

When Can a Mayor Order Demolition Without a Court Order? The Altarejos Ruling

The Supreme Court clarifies the limits of a mayor's power to order demolition without court intervention, reinforcing due process and property rights.

Child Pornography Prosecution After Repeal: The Doctrine of Reenactment in the Philippines

Can a repealed law still lead to conviction? The Supreme Court clarifies how reenactment preserves criminal liability for child pornography offenses.

Child Custody in the Philippines: The Best Interest of the Child Standard

Philippine courts decide child custody disputes by one standard: the child's best interest. Learn the factors, the law, and a landmark 2024 ruling.

Moral Ascendancy in Rape Cases: Why Silence Can Prove the Crime

Philippine law recognizes moral ascendancy as a substitute for force in rape cases. Learn what this means for victims and legal strategy.

Dual Citizenship and Philippine Law Practice: What Lawyers Must Know

How dual citizenship affects a Philippine law license, and the Supreme Court steps to keep practicing under RA 9225.

SEC Quasi-Legislative Power: When Courts Can Review Agency Regulations

The Supreme Court clarifies when courts may review SEC regulations and why injunctions against the agency were improper in the PSE voting rights case.

Court Sheriff Misconduct Handling Funds and Abuse of Authority: A.M. No. P-23-111

Supreme Court holds sheriff liable for simple and gross misconduct for receiving and misappropriating litigant funds without judicial approval.

Qualified Rape vs. Statutory Rape: Supreme Court Clarifies Child Sexual Abuse Law

The Supreme Court clarifies the proper legal designation for child sexual abuse cases, distinguishing qualified rape from statutory rape under Philippine law.

Enforcing Foreign Arbitral Awards in the Philippines: The Authentication Requirement

Learn why authenticated arbitration agreements are jurisdictional requirements for enforcing foreign arbitral awards in Philippine courts, as ruled in Manis Shipping.

Qualified Rape and Moral Ascendancy: When Trust Becomes a Weapon

How moral ascendancy can substitute for force in rape cases, and why abusing a position of trust over a minor leads to qualified rape.

Land Title Registration in the Philippines: Navigating Ownership Complexities

The Supreme Court clarifies how RA 11573 affects land registration applications, shortening the possession period to 20 years before filing.

When Is Deadly Force Justified in the Philippines? Police Use of Force Rules

Philippine law on police use of force, deadly force standards, and what the Supreme Court says about justified shootings.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

When a Recruitment Employee Is Not Liable for Illegal Recruitment: Toston v. People

The Supreme Court in Toston v. People clarifies that a recruitment agency's mere employee is not automatically liable for illegal recruitment.

Letter of Authority vs. Letter Notice: When a BIR Tax Assessment Is Void

The Supreme Court ruled that a BIR Letter Notice cannot substitute for a Letter of Authority—assessments without a valid LOA are void.

Motion to Withdraw Information: When Courts Must Assess Evidence Before Dismissal

Courts must independently assess evidence before granting a motion to withdraw information. Learn the rules from a recent Sandiganbayan case.