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 481504 of 1,032 articles for hearing

Divorce by Faskh: New Grounds After a Prior Dismissal Is Not Barred by Res Judicata

Philippine Supreme Court ruling on when a dismissed divorce by faskh petition does not bar a new one due to new grounds.

Deceitful Practices by Lawyers: When Suspension and Disbarment Apply

The Supreme Court clarifies when lawyers face suspension or disbarment for deceitful conduct, citing a case of forged documents and dishonest estate settlement.

Failure to Present Logbook and Follow Due Process Makes Seafarer Dismissal Illegal

Supreme Court rules a seafarer's dismissal was illegal where the employer relied only on fax messages and failed to observe the two-notice rule.

Perfecting Appeals: Strict Observance of Timelines in Labor Disputes

Learn how the Supreme Court enforces strict appeal deadlines in labor cases and why missing them is fatal to a party's cause.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Moral Turpitude and Attorney Discipline: Upholding Ethical Standards in Personal Conduct

A lawyer's illicit affair and failure to support his child led to a six-month suspension, reaffirming that personal morality matters in the legal profession.

Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal

Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.

Evaluating Witness Credibility When a Trial Court’s Findings Prevail in Homicide Cases

How Philippine courts weigh witness credibility in homicide cases, why trial court findings prevail on appeal, and the role of circumstantial evidence.

When a Sheriff's Excuses Fail: Dereliction of Duty in Philippine Courts

A deputy sheriff's repeated failure to serve court processes leads to one-year suspension, clarifying standards of diligence for court personnel.

Self-Defense and Parricide: Proving Justification in Spousal Homicide

When a husband kills his wife, self-defense is hard to prove. This case explains the legal requirements and penalties.

When Court Employees Fail Their Duty: The Madolaria Administrative Case

A deputy sheriff's repeated failures to serve court processes led to a one-year suspension, reinforcing the strict standards for judicial employees.

Piercing the Corporate Veil: Personal Jurisdiction Over Sole Proprietorships in Philippine Courts

Philippine Supreme Court clarifies that sole proprietorships lack juridical personality, requiring suits against the owner personally for proper jurisdiction.

Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination

Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Safeguarding Free Speech: The Imperative of Stating a Cause of Action in Libel Cases

Philippine Daily Inquirer v. Alameda clarifies that libel complaints must allege specific facts, protecting press freedom from vague claims.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.

Judicial Misconduct When Ignorance of the Law and Delay Taint Justice

A judge's dismissal of a case despite a party's active participation, plus undue delay in resolving a motion, draws fines from the Supreme Court.

Dividing Assets After Annulment: Mortgage Validity and Property Rights in the Philippines

Philippine Supreme Court ruling on conjugal property division after annulment, mortgage validity, and the effect of compromise agreements on asset distribution.

Dismissal vs Compassion: Balancing Employee Misconduct and Employment Security

The Supreme Court ruled that dismissal was too harsh for an employee's lapses during family crises, affirming that compassion tempers discipline.

Treachery and Accountability: Examining Guilt in the Santa Elena Murders

A look at how the Supreme Court affirmed murder and frustrated murder convictions, applying treachery rules in the Santa Elena killings.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

When Court Orders Spark Complaints: Judicial Errors vs. Administrative Cases

The Supreme Court clarifies when a judge's error is a judicial matter for appeal, not an administrative case, in Tallado v. Racoma.

Clerk of Court Liability for Lost Court Records: The Limits of Due Diligence

When court records go missing, who bears responsibility? The Supreme Court clarifies that clerks of court cannot blame subordinates for lost case files.