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 57 articles for gross negligence

Attorney Suspended for Neglecting Duty of Diligence and Failing to File Appellant's Brief

A lawyer's failure to file an appellant's brief and update his address led to dismissal of his client's appeal and a six-month suspension.

Certiorari as Remedy Challenging Ombudsman Decisions in Administrative Cases

When can you file certiorari against an Ombudsman ruling? The Supreme Court clarifies the proper remedy for complainants when the Ombudsman absolves a respondent.

Proving Lost Earnings After Wrongful Death: Testimony Can Suffice, Says Supreme Court

The Supreme Court ruled that credible testimonial evidence alone can prove a deceased person's income for lost earning capacity damages.

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.

Piercing the Corporate Veil: Director Liability in Investment Fraud Cases

When can directors be personally liable for corporate fraud? The Supreme Court's ruling in Virata v. Ng Wee provides clear guidance.

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.

Influence Peddling IN THE Legal Profession Upholding Ethical Standards AND Public Trust

Understand when a lawyer's error becomes gross misconduct, and why obeying court orders is a sacred duty.

Grave Misconduct Requires Proof of Wrongful Intent, Not Just a Flawed Revaluation

When is a bad property valuation grave misconduct? The Supreme Court clarifies the evidence needed to hold public officers liable.

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Mistake vs Misconduct in Employee Dismissal: Due Process in Philippine Labor Law

When is an employee's honest mistake a valid ground for dismissal? The Supreme Court clarifies the line between error and misconduct.

Loss of Trust and Confidence: When Can Philippine Employers Dismiss Managerial Employees?

The Supreme Court in Manese v. Jollibee clarifies the less stringent standard for dismissing managerial employees for loss of trust and confidence.

Shared Negligence: Banks and Depositors Must Bear Losses Equally When Both Are at Fault

When a bank releases check proceeds before clearing and a depositor withdraws them hastily, both may share the loss equally under Philippine law.

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.

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

Security Codes and Promo Prizes: Why 349 Crown Holders Lost in Court

The Supreme Court denied claims of 349 crown holders in the Pepsi number fever promo, ruling that the correct security code was indispensable to win.

The Perils of Oversight: Delineating Negligence and Liability in Medical Practice

A missed surgery due to a time-zone error tests the line between ordinary and gross negligence in medical practice, shaping damage awards.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Attorney Accountability Understanding Lawyer Negligence AND Upholding Client Trust IN THE Philippines

Philippine Supreme Court suspends lawyer for gross negligence, explaining counsel's duties of fidelity, diligence, and proper withdrawal under the Code of Professional Responsibility.

Poor Performance vs Neglect: Defining Just Cause for Employee Termination in the Philippines

Philippine Supreme Court clarifies when poor work performance justifies termination and when it does not, explaining the legal distinction.

Unearthing Liability When Treasure Hunts Lead to Tort Claims

A treasure hunt that damaged a chapel led to solidary liability for joint tortfeasors under Philippine law. Learn the rules.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.