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 457480 of 608 articles for authority

When Can an Employee Be Dropped From the Rolls? Understanding AWOL and Due Process

The Supreme Court explains when government employees may be dropped from the rolls for AWOL without prior notice or hearing.

Presidential Proclamations and Land Ownership: Military Reservations in the Philippines

Can a presidential proclamation override private land claims? The Supreme Court clarifies how military reservations affect ownership rights.

Barangay Jurisdiction in Property Disputes: Residency of the Real Party in Interest Controls

The Supreme Court clarifies that the real party in interest's residency, not the attorney-in-fact's, determines barangay lupon jurisdiction over disputes.

Certificate of Registration vs. Prior Title Claims: The Amante v. Serwelas Ruling on Vehicle Ownership

The Supreme Court in Amante v. Serwelas affirmed that a certificate of registration creates a strong presumption of ownership in property disputes.

Venue vs Jurisdiction in Libel Cases: Protecting Press Freedom

Explaining the difference between venue and jurisdiction in Philippine libel cases and how the rules protect freedom of the press.

Land Reclassification vs. Conversion: DAR Approval Still Required After CARL

The Supreme Court clarifies that local reclassification of agricultural land does not remove the need for DAR conversion approval under CARL.

Reconstitution of Lost Titles: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

The Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title, emphasizing that strict evidentiary standards must yield to practical realities.

Local Governments Must Make a Valid Offer Before Expropriation

The Supreme Court nullified Pasig City's expropriation for failing to prove a valid, definite offer to the owner before filing the case.

Jurisdiction vs Exercise of Jurisdiction: Upholding Court Authority Despite Procedural Errors

The Supreme Court clarifies that jurisdiction over labor cases persists despite procedural lapses, and rules on retirement age, CBA benefits, and tax refund claims.

PLDT v. City of Bacolod: The Limits of the Most-Favored-Treatment Clause in Tax Exemptions

The Supreme Court rules that the most-favored-treatment clause in R.A. 7925 does not grant tax exemptions to telecommunications companies.

Jurisdiction Clarified When Regular Courts Handle Property Disputes Despite Developer Status

When do regular courts, not HLURB, hear property disputes? The Supreme Court clarifies jurisdiction rules in Lacson Hermanas v. Heirs of Ignacio.

Authority Matters: Why Verbal Assurances From Bank Clerks Can't Seal Property Deals in the Philippines

Philippine Supreme Court ruling on why verbal assurances from bank clerks cannot validate property transactions, and the importance of proper authority.

Vehicular Homicide vs. Murder: Intent and the Use of a Motor Vehicle

When does a fatal vehicular incident become murder? The Mallari case shows how intent and the use of a motor vehicle elevate the crime.

Verbal Promises vs Corporate Authority: Enforceability of Employment Benefits in the Philippines

When can a verbal promise by a corporate officer bind the company? The Supreme Court explains the limits of corporate authority over employment benefits.

Breach of Barangay Settlement: Your Right to Rescind and Sue in Court

When a barangay settlement is breached, Philippine law gives the aggrieved party the right to rescind it and pursue their original claim in court.

Exhaustion of Administrative Remedies: A Prerequisite Before Court Action

Philippine Supreme Court ruling on why exhaustion of administrative remedies and motion for reconsideration are mandatory before judicial recourse.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Supervision vs. Control: Safeguarding Local Autonomy in the Liga ng mga Barangay

The Supreme Court clarifies the line between supervision and control over the Liga ng mga Barangay, protecting local autonomy.

Fixed-Term Seafarers' Contracts: Illegal Dismissal and Compensation Standards

Philippine Supreme Court clarifies that seafarers are contractual employees governed by POEA contracts, not regular employees under the Labor Code.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

Grave Threats Case: Why Judges Must Apply Summary Procedure Correctly

In Riño v. Cawaling, the Supreme Court fined a judge for gross ignorance of the law in misapplying summary procedure in a grave threats case.

Judicial Accountability: Delay and Abuse of Authority in Search Warrant Issuance

A judge fined P15,000 for issuing a search warrant without authority and delaying resolution—lessons on judicial accountability.

Party Authority vs Electorate Protection: Resolving Leadership Disputes in Political Parties

The Supreme Court rules on who may sign party nominations, protecting parties and voters from factional confusion.

Illegal Recruitment in Large Scale: When a Recruiter's Agent Still Faces Criminal Liability

Philippine Supreme Court explains when a recruiter's agent can be liable for illegal recruitment in large scale despite a licensed agency's SPA.