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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 5593–5616 of 25,409 articles

Faulty Notarization Foils Contract Cancellation: Buyer Entitled to Refund Under Maceda Law

When a developer's notice of cancellation fails notarial requirements, the contract remains valid and the buyer may claim refunds under the Maceda Law.

Res Judicata by Conclusiveness of Judgment Bars Relitigation of Equitable Mortgage

Final ruling that deeds of sale were equitable mortgages binds parties in later foreclosure case, explains the Supreme Court.

Sheriffs Must Follow Execution Procedures Exactly or Face Administrative Liability

A sheriff who skipped the demand step before garnishing and levying property was suspended for simple misconduct by the Supreme Court.

Trademark LAW Likelihood OF Confusion AND Forum Shopping IN Trademark Registration

Guilt Beyond Doubt: Circumstantial Evidence in Robbery With Homicide Cases

How the Supreme Court upheld a robbery-with-homicide conviction based solely on circumstantial evidence, and what this means for criminal prosecutions.

Protecting Childhood Conviction Stands In Statutory Rape Case Despite Lack Of Fresh Medical Evidence

Philippine Supreme Court affirms statutory rape conviction based on credible child testimony, ruling medical evidence is not indispensable.

Statutory Rape Conviction Upheld: RA 7610 and Child Testimony Explained

The Supreme Court affirms a triple statutory rape conviction, clarifying RA 7610, child testimony, and damages for child victims.

Protecting Children Statutory Rape AND Acts OF Lasciviousness Under Philippine LAW

Statutory Rape Conviction Affirmed: Child Victim's Sole Testimony Sufficient

Supreme Court affirms statutory rape conviction, ruling a credible child victim's testimony alone suffices even without medical examination.

Proving an Agrarian Tenancy Relationship: Key Elements Under Philippine Law

Learn the six elements required to prove an agrarian tenancy relationship in the Philippines, and why consent and harvest sharing are crucial.

Eminent Domain: How Courts Fix Just Compensation and Interest in Expropriation

Learn how Philippine courts determine just compensation and legal interest in expropriation cases, based on a 2017 Supreme Court ruling.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Judicial Accountability Balancing Discretion AND Duty IN Search Warrant Issuance

A Supreme Court ruling on administrative liability clarifies the balance between judicial discretion in search warrants and accountability for neglect.

Negligence in Notarial Practice: Revocation and Disqualification for Incomplete Certificates and Improper Reco

A notary's incomplete certificates and sloppy register entries led to perpetual disqualification from notarial practice and one-year suspension from law.

Protecting Contractors: Quantum Meruit and COA Disallowances in Government Projects

Supreme Court clarifies when contractors may recover from void government contracts under quantum meruit, and the limits of COA's audit powers.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights

Philippine Supreme Court clarifies when a security guard who abandons his post may be validly dismissed versus illegally terminated.

Clerk of Court Liable for Simple Neglect of Duty Over Lost Firearm Exhibits

The Supreme Court holds a clerk of court guilty of simple neglect for losing firearm exhibits kept beyond case termination, explaining duties under Rule 136.

Attorney Neglect and the Duty to Return Fees: Ethical Boundaries in Legal Practice

When a lawyer takes a client's acceptance fee but renders no service, can the fee be kept? The Supreme Court says no.

Neglect of Duty in Court Clerks' Responsibility for Safekeeping Exhibits

Court clerks must safely keep exhibits in custodia legis. Learn from a Supreme Court ruling on simple neglect of duty for lost firearms.

Contractual Waivers and Delayed Claims: Quality Disputes in Construction Agreements

Examine how the Supreme Court enforced a contractual waiver clause in a construction dispute, barring a delayed quality claim.

Court Clerk's Neglect of Duty: The Cost of Mishandling Exhibits in Custodia Legis

A clerk of court's failure to safekeep and dispose of exhibits led to a finding of simple neglect of duty, with lessons for all court personnel.

Kidnapping for Ransom: Convictions Upheld on Positive Identification and Collective Intent

The Supreme Court affirms kidnapping-for-ransom convictions, explaining how positive identification and conspiracy establish guilt beyond reasonable doubt.

Maritime Accidents and Shared Fault: When Contributory Negligence Affects Damage Claims

A Supreme Court ruling on maritime allision shows how contributory negligence can reduce damages even when another vessel caused the accident.

Self-Defense Under Scrutiny: Establishing Unlawful Aggression in Homicide Cases

The Supreme Court clarifies when self-defense fails in homicide cases, emphasizing unlawful aggression and reasonable necessity of force.