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 113 articles for mining

Psychological Incapacity Under Article 36: What Santos-Macabata Teaches Us

The Supreme Court clarifies the high burden of proof for nullifying marriage on grounds of psychological incapacity under Article 36 of the Family Code.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

When Can a Mother Challenge Child Legitimacy in the Philippines? The Ordoña Ruling

A mother cannot collaterally attack her child's legitimacy under Philippine law. The Supreme Court's Ordoña ruling explains why.

DNA Evidence and Presumption of Legitimacy: Filiation Rights in the Philippines

The Supreme Court ruled DNA evidence can establish filiation despite the presumption of legitimacy, prioritizing the child's best interests.

Habitual Tardiness in Philippine Government Service: When Is It a Light Offense?

The Supreme Court clarifies when habitual tardiness is a light offense, not a grave one, in a 2021 ruling.

Employee vs. Independent Contractor in Real Estate: The Four-Fold Test Explained

A Supreme Court ruling clarifies when real estate sales agents are employees or independent contractors, and why the distinction matters.

Illegal Dismissal and Substantial Evidence: The Padsing v. Lepanto Case

The Supreme Court’s ruling in Padsing v. Lepanto underscores that employers must prove just cause for dismissal with substantial evidence.

Right to Access Search Warrant Records: Due Process and Confidentiality in Philippine Law

Philippine courts balance due process rights against informant confidentiality when accused persons seek search warrant records.

Gross Discourtesy in the Judiciary: The Clerk of Court Case and Its Lessons

A Supreme Court ruling on a clerk of court's discourtesy shows the high standards of conduct expected of all judicial personnel.

Prescription Period for Oral Contracts: What Creditors and Debtors Must Know

The Supreme Court clarifies the six-year prescription period for oral contracts and why timely action is critical for creditors and debtors.

Other Deceits Under Article 318: Lessons from Magalona v. People

Learn how the Supreme Court applied Other Deceits under Article 318 of the Revised Penal Code in Magalona v. People, and what it means for property transactions.

Probable Cause in Estafa Cases: Insights from Favis-Velasco v. Gonzales

Learn how the Supreme Court defined probable cause in estafa cases and why solid evidence matters in fraud complaints.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Direct Assault vs. Resistance to Authority: The Mallari Case Explained

The Supreme Court in Mallari v. People clarifies when force against a police officer is direct assault or merely resistance to authority.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Murder

The Supreme Court clarifies that treachery cannot be presumed from suddenness alone, reducing a murder conviction to homicide in People v. Bulutano.

Obscenity Laws vs. Free Speech: The Madrilejos Ruling on Manila Ordinance 7780

The Supreme Court’s Madrilejos ruling clarifies how Philippine obscenity laws must balance regulation with constitutionally protected free expression.

Boundary Disputes Cannot Be Settled by Forcible Entry: The Proper Remedy Is Accion Reivindicatoria

Boundary disputes that question ownership cannot be resolved through forcible entry; the Supreme Court requires an accion reivindicatoria instead.

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.

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.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Breach of Contract vs. Damages: How Philippine Courts Determine Jurisdiction

Philippine courts determine jurisdiction by the primary relief sought, not the complaint's label. Learn how the Supreme Court clarified this in a landmark ruling.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

Accretion vs. Reclamation: Philippine Supreme Court Rules on Artificial Land Claims

Philippine Supreme Court clarifies that artificially filled land is not accretion under Article 457, settling ownership disputes over man-made extensions.