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 577600 of 1,096 articles for let

Freight Forwarder Liability and the $500 Package Limitation Rule in Shipping Disputes

Philippine Supreme Court ruling on when a freight forwarder becomes a common carrier and the COGSA package limitation rule.

When Cross Collateral Clauses Clash With Verbal Agreements: Understanding Mortgage Obligations

The Supreme Court clarifies that bank branch managers cannot verbally alter mortgage contracts containing cross-collateral or dragnet clauses.

Insanity Plea in Parricide: Burden of Proof and the Limits of Jealous Rage

The Supreme Court clarifies when insanity exempts an accused from criminal liability, and why jealous rage falls short.

Judicial Accountability: The Price of Delay in Rendering Decisions

A retired judge was fined P40,000 for failing to decide 139 cases within the mandatory 90-day period. This case explains the rules on judicial delay.

Self-Defense vs Murder: Unlawful Aggression in Philippine Criminal Law

The Supreme Court explains when self-defense fails in murder cases, focusing on unlawful aggression as its primordial element.

When Election Returns Override Ballots in Philippine Election Protests

Philippine Supreme Court explains when election returns may be used instead of ballots in determining election protest winners.

Right of First Refusal Protects Lessees Over Third-Party Buyers

Philippine Supreme Court ruling explains how a lessee's right of first refusal can override a sale to a third party, even a government entity.

Deemed Approved Leave: What Happens When Government Agencies Ignore Leave Applications

When government agencies fail to act on leave applications within five working days, the leave is deemed approved. Learn the rules and protections.

Jurisdiction by Estoppel: When Active Court Participation Bars a Jurisdictional Challenge

Philippine Supreme Court explains when a party's active participation in a case can bar it from later questioning the court's jurisdiction.

Private Contractors Can Be Held Liable Under the Anti-Graft Law for Conspiring With Public Officers

The Supreme Court affirms that private individuals who conspire with public officers in graft cases can be held liable under Section 3(e) of RA 3019.

Partnership Disputes: Proving a Partnership Without a Formal Agreement

When no written partnership contract exists, courts look to conduct and circumstances. This case shows how to prove or disprove an informal partnership.

Gun Store Owners' Negligence Liability for Accidental Shooting Ruled by Supreme Court

Supreme Court holds gun store owner liable for negligence after defective firearm left loaded in unlocked drawer causes fatal accidental shooting.

Appointment in Civil Service: The Indelible Right Despite Administrative Lapses

A valid civil service appointment takes effect immediately and remains effective until disapproved by the CSC—even if submission was delayed.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Forum Shopping Rule: Defective Certification Dooms Appeal Before HLURB

A defective certification against forum shopping can prevent an appeal from being perfected, making the original decision final and executory.

Perfecting Appeals: The Jurisdictional Requirement in Estate Proceedings

Why filing both a notice of appeal and record on appeal is jurisdictional in estate cases, and what happens when a party fails to perfect an appeal.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Good Faith in Profit-Sharing Agreements: Lessons from Silverio v. Almeda

When a land sale includes a profit-sharing clause, the seller must act in good faith and disclose all resale details to the buyer.

Public Hearing Imperative Invalidating Ordinances Without Community Input

A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Equitable Reduction of Liquidated Damages in Construction Delays: Balancing Contractual Obligations and Fairne

Philippine Supreme Court explains when courts may reduce liquidated damages in construction delay cases, balancing contract terms with equity.

Sangguniang Bayan Concurrence in Municipal Appointments: A Mandatory Requirement

The Supreme Court ruled that municipal appointments require Sangguniang Bayan concurrence; without it, the appointment is invalid regardless of tenure.