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 606 articles for counsel

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.

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.

Inverse Condemnation and Provisional Compensation: What RA 10752 Means for Landowners

The Supreme Court clarifies that RA 10752 governs provisional compensation in inverse condemnation cases filed after its effectivity, even if the taking occurred earlier.

Ghost Employees and Graft Liability: The Supreme Court’s Standard in People v. Reales

The Supreme Court clarifies the burden of proof in ghost employee corruption cases, protecting honest public officials from wrongful conviction.

Preterition in Philippine Wills: When Omitting a Compulsory Heir Invalidates Inheritance

Learn how preterition—omitting a compulsory heir—can annul a will's heir institution under Philippine law, with insights from Trinidad v. Trinidad.

When Death Ends a Case: Exhumation Dispute and the Rules on Party Substitution

A family exhumation dispute ends without a merits ruling after the petitioner dies and heirs decline substitution, clarifying Rule 3, Section 16.

Chain of Custody and the Saving Clause in Philippine Drug Cases

When a flawed drug bust still stands: the saving clause under Section 21, RA 9165, explained through a recent Supreme Court ruling.

Attorney Disbarment for Notarial Misconduct and Ethical Breaches in the Philippines

The Supreme Court disbarred Atty. Elmer Dela Rosa for selling a client's property without consent and notarizing a document with deceased signatories.

Abandonment as Psychological Violence: Understanding RA 9262 in Philippine Law

The Supreme Court ruled that a husband's abandonment of his wife can be psychological violence under RA 9262, explaining the elements and penalties.

When Tax Assessments Are Not Required: Civil Liability in Philippine Tax Evasion Cases

Philippine Supreme Court clarifies when a formal BIR tax assessment is not required to hold taxpayers civilly liable in criminal tax evasion cases.

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.

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.

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.

Protecting Environmental Advocacy: The Limits of SLAPP Suits in Philippine Jurisprudence

Philippine courts define the limits of strategic lawsuits against public participation (SLAPP), balancing environmental advocacy with the right to protect reputations.

Malicious Prosecution in the Philippines: When Filing a Case Crosses the Line

Filing a baseless disbarment case to pressure a lawyer can amount to malicious prosecution. Learn the rules and remedies from a recent Supreme Court ruling.

Forum Shopping: When Filing Multiple Cases Crosses the Line

The Supreme Court clarifies when filing multiple cases amounts to forum shopping, and which body has jurisdiction to rule on it.

Timely Filing of Just Compensation Claims Under Philippine Agrarian Law

Learn the 10-year prescriptive period for filing just compensation claims with the Special Agrarian Courts under Philippine agrarian reform law.

Understanding Rape Conviction in the Philippines: Consent Evidence and the Role of Co-Conspirators

Philippine Supreme Court clarifies rape conviction standards, consent evidence rules, and co-conspirator liability in criminal cases.

Online Psychological Abuse Under RA 9262: Insights from the Supreme Court's Facebook Post Ruling

The Supreme Court clarifies how social media posts can prove psychological abuse under RA 9262 and when ICT use raises the penalty.

Perpetual Disqualification: When Does It Take Effect in Philippine Law?

The Supreme Court clarifies when the accessory penalty of perpetual disqualification from public office takes effect under Philippine law.

Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival

Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.

Defective Summons Voids Trustee Appointment: Key Lessons from Diversified Plastic Film v. PI-One

Defective summons can void court proceedings. Learn the jurisdictional limits and SPV Act requirements from this Supreme Court ruling.

Conflict of Interest: When Can a Government Lawyer Represent a Public Official in the Philippines

The Supreme Court clarifies when a government lawyer's representation of a public official becomes a conflict of interest and unauthorized practice of law.

Probating a Foreign Will in the Philippines: Lessons from a Landmark Case

Learn the formalities for probating foreign wills in the Philippines, from a landmark Supreme Court case on foreign law proof.