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 50655088 of 8,073 articles

Breach of Contract: Enforcing Penalty Clauses in Government Projects

Explaining when penalty clauses bind contractors in government projects, based on a Supreme Court ruling on DBP and PD 1594.

Union Rights vs Managerial Prerogatives: Defining Supervisory Roles in Labor Law

Philippine Supreme Court clarifies who counts as a supervisory employee eligible to join a union, and the proper remedy for appealing labor decisions.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.

Res Judicata: How a Final Judgment Prevents Relitigation of the Same Issue

Learn how res judicata bars relitigation of settled issues, using a Philippine Supreme Court case on a disputed deed of donation.

MCIT Grace Period for Reopened Banks: The Manila Banking Corporation Ruling

Supreme Court clarifies when a bank that reopens after receivership starts its four-year MCIT grace period under the Tax Code.

Restarting the Clock: Minimum Corporate Income Tax and the Revival of Thrift Banks

When a closed bank reopens as a thrift bank, when does its MCIT grace period begin? The Supreme Court settles the rule.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

When Public Duty and Private Conduct Collide: A Judge’s Venue Ruling Upheld

The Supreme Court affirms a judge’s dismissal of a case for improper venue, clarifying exclusive venue stipulations in loan contracts.

Upholding Decorum: Judicial Employees' Duty to Maintain Respect and Civility in the Workplace

Court employees must maintain civility and respect at all times. Gross discourtesy warrants suspension under Civil Service rules.

Unconscionable Greed: Attorney's Fees Must Be Reasonable and Just

Philippine Supreme Court nullifies P50M attorney's fee claim, ruling lawyers' compensation must be reasonable, not driven by greed.

GSIS v. Villamayor: When Illness Is Not Work-Related, No Death Benefits

Supreme Court denies GSIS death benefits for breast cancer death, ruling claimants must prove work connection, not just illness.

Tax Refund vs Deficiency: The Rules on Set-Off in Philippine Tax Law

Philippine Supreme Court clarifies when tax refunds can be set off against tax deficiencies, and the limits of compromise agreements in tax settlements.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Premature Partition: Estate Settlement Before Property Distribution

When heirs can and cannot demand partition of a decedent's property before estate settlement proceedings are completed.

Judicial Reconstitution of Lost Titles and the Limits of the Bercede Guidelines

The Supreme Court clarifies when courts may rely on "other documents" to reconstitute lost titles, and how the Bercede guidelines apply.

Mandatory Arbitration Prevails: Contractual Disputes Must Go to Arbitration First

Philippine Supreme Court ruling: when a contract has a mandatory arbitration clause, parties must arbitrate before going to court.

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.

Right of First Refusal in Property Sales: Understanding Legal Obligations

Learn how Philippine courts treat right of first refusal in property sales, including the rules on offers, counter-offers, and legal redemption.

Habeas Corpus Requires Proof of Illegal Detention, Not Just Disappearance

Philippine Supreme Court ruling clarifies that habeas corpus requires proof of actual detention, not merely a person's disappearance.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

Warranty Against Eviction: Why Buyers Must Implead the Seller in Eviction Suits

Buyers who lose property to third-party claims must implead the seller in the eviction suit to enforce the warranty against eviction under Philippine law.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.