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 51135136 of 8,167 articles

Abandonment of Work: Proving Intent to Sever Employment in Philippine Labor Law

Explaining when absence becomes abandonment under Philippine law, using the Supreme Court's ruling in Aliten v. U-Need Lumber.

Estate Settlement When Probate Courts Cant Decide Ownership Disputes

Learn how Philippine courts handle land registration disputes, including the need for original tracing cloth plans and clear evidence of ownership.

Protecting Child Rape Victims: The Supreme Court on Testimony and Credibility

A look at how Philippine courts treat the testimony of child rape victims and the rules on credibility in these sensitive cases.

Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?

The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.

Seasonal Work vs Regular Employment: Security of Tenure in Philippine Labor Law

When are "seasonal" workers considered regular employees? The Supreme Court clarifies the distinction and its impact on security of tenure.

Rape in the Victim's Home: When Dwelling Aggravates the Crime

Philippine Supreme Court explains when "dwelling" aggravates rape, and how RA 9346 changed the penalty from death to reclusion perpetua.

Agency vs Assignment: Who Is the Real Party in Interest in Contract Disputes

Philippine Supreme Court clarifies when a representative is an agent rather than an assignee, and who may sue on a contract.

Foreshore Lease Preference: Riparian Rights vs. Reclamation in Philippine Land Law

Supreme Court ruling on whether a littoral owner retains preferential right to lease foreshore land that has been reclaimed by another applicant.

When Court Officials Clash: Professional Conduct in the Philippine Judiciary

A Supreme Court ruling on a judge and clerk's public quarrel, and what it means for decorum in the judiciary.

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.