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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.

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Showing 529–552 of 1,984 articles for “sec”

Defective Summons When Improper Service Nullifies Court Jurisdiction

When service of summons misses the persons listed in Rule 14, Section 11, the court never gains jurisdiction—even if a secretary accepts the papers.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Dismissal for Immoral Conduct: Upholding Decency in the Judiciary

The Supreme Court dismisses a process server for exposing himself to a janitress, ruling it disgraceful and immoral conduct—a second offense warranting the severest penalty.

Seafarers Disability Claims: When the Company Physician's Assessment Prevails

Learn when a company-designated physician's fit-to-work certification prevails over a seafarer's own doctor in disability claims under the POEA-SEC.

Chain of Custody Breaks: When Drug Evidence Fails in Philippine Courts

Philippine Supreme Court acquits drug suspect after police broke the chain of custody rule under RA 9165, Section 21.

When Union Disaffiliation Leads to Dismissal: Union Security Clauses and Illegal Strikes

The Supreme Court clarifies who may enforce a union security clause and when a strike becomes illegal, affecting dismissal of union officers and members.

Bypassing Justice: Defining Theft in Telecommunications and Probable Cause

The Supreme Court clarifies when toll bypass operations constitute theft and how courts review prosecutorial findings of probable cause.

Pre-Existing Conditions vs Non-Disclosure: Protecting Seafarers' Rights to Disability Benefits

The Supreme Court clarifies the three-day reporting rule for seafarers claiming disability benefits under the POEA-SEC.

Seafarer’s Disability Claim Denied for Missing the 3-Day Post-Repatriation Exam

A seafarer who failed the 3-day post-repatriation medical exam rule lost his disability claim. Learn the strict POEA-SEC requirement.

Security of Tenure: Prolonged Floating Status Is Constructive Dismissal

When a security guard's floating status exceeds six months, it becomes constructive dismissal. The Supreme Court explains the rule.

Prolonged Floating Status of Security Guards Is Constructive Dismissal

Security guards placed on floating status beyond six months are constructively dismissed. Learn the rule from Padilla v. Airborne Security.

Contempt of Court and the Limits of Reconsideration: Lessons from Fortune Life Insurance v. COA

The Supreme Court penalizes a litigant and counsel for disrespectful language in pleadings and clarifies the strict rules on second motions for reconsideration.

Chain of Custody in Drug Cases: Why Procedural Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect over broken chain of custody, stressing strict compliance with Section 21 of RA 9165.

Seafarer Death Benefits: Proving Work-Related Illness Under POEA-SEC and CBA

Learn how the Supreme Court clarified the burden of proof for seafarers' death benefits under the POEA-SEC and CBA in Maersk-Filipinas v. Malicse.

Reasonable Doubt Prevails: Drug Conviction Overturned Due to Flawed Chain of Custody

In People v. Calibod, the Supreme Court acquitted a drug-sale suspect after police failed to follow the chain of custody rules under Section 21 of RA 9165.

Chain of Custody Safeguarding Drug Evidence Integrity in Illegal Possession Cases

The Supreme Court acquits a drug suspect due to broken chain of custody, underscoring Section 21 RA 9165 compliance.

Compromised Chain of Custody: Illegal Drug Conviction Overturned Due to Procedural Lapses

The Supreme Court acquitted an illegal drug suspect after police failed to follow the chain of custody requirements under Section 21 of RA 9165, compromising evidence integrity.

Statutory Rape: Why Prosecutors Must Investigate All Alleged Incidents

The Supreme Court reminds prosecutors to investigate every alleged incident of statutory rape, not just one count, in People v. Pagamucan.

Sheriff's Suspension for Handling Litigant's Money: A Lesson in Judicial Integrity

A sheriff's attempt to pass a litigant's P7,500 to a prosecutor was grave misconduct. The Court explains why court personnel must never handle litigants' money.

Presumption of Regularity Shields Prosecutors From Baseless Bias Claims

Supreme Court clarifies that prosecutors enjoy presumption of regularity in performing duties, dismissing baseless administrative bias complaint.

Chain of Custody Breaches Lead to Acquittal in Drug Cases: People v. Lim Ching

Supreme Court acquits drug suspect after police breached chain of custody rules under Section 21, RA 9165, safeguarding the accused's right to proof beyond reasonable doubt.

When a Motion for Reconsideration Is Not a Second Bite at the Apple

Philippine Supreme Court clarifies that a motion for reconsideration of a decision that substantially reverses an earlier ruling is not prohibited.

Warrantless Arrests and Drug Evidence: When a Tiny Sachet Leads to Acquittal

The Supreme Court acquits a man of drug possession, stressing strict compliance with Section 21, RA 9165 for minuscule amounts of shabu.

Quieting of Title: Banks Must Verify Ownership Before Accepting Untitled Land as Mortgage

A bank that fails to verify ownership of untitled land before accepting it as mortgage security loses the property. Learn the rules on quieting of title and due diligence.