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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Novation Requires a Completely New and Valid Agreement: Loan Restructuring Lessons
The Supreme Court clarifies when restructuring a loan creates novation, and how usurious interest rates are treated under Philippine law.
Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers
Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.
Private Land VS Public Domain Protecting Ownership Rights Against Fraudulent Titles
Power Lines and Property Rights: Determining Just Compensation for Easements
When power lines cross private land, is the owner owed an easement fee or full property value? The Supreme Court clarifies.
When Eminent Domain Leads to Total Loss: Just Compensation for Uninhabitable Property
When government projects render private property uninhabitable, the taking is deemed complete and full just compensation is due.
VAT Exemption for Subic Bay Freeport Enterprises: Direct vs Indirect Tax Liabilities
Supreme Court clarifies that Subic Bay Freeport enterprises cannot claim VAT refunds on purchases since VAT is an indirect tax.
Delay in Reporting a Crime Does Not Destroy Witness Credibility: People v. Hernandez
The Supreme Court rules that fear of reprisal justifies a witness's delay in reporting a crime, and explains when aggravating circumstances apply.
Productivity Incentives Government Employees VS Private Sector Benefits
SC rules on whether GOCC employees with original charters may receive productivity incentives under RA 6971.
Dwelling as Aggravating Circumstance: Why Specific Allegation in Criminal Informations Matters
Learn why aggravating circumstances like dwelling must be specifically alleged in criminal informations, based on People v. Aquino.
Police Officer Convicted in Drug Sale: When Law Enforcers Face Aggravated Liability
A police officer's conviction for selling shabu shows how conspiracy works and why his uniform did not shield him from liability.
Self-Defense, Unlawful Aggression, and Firearm Confiscation in Homicide Cases
Philippine Supreme Court clarifies self-defense requirements, unauthorized firearm use as aggravating circumstance, and rightful confiscation of licensed firearms.
Robbery With Rape: Aggravating Circumstances Must Be Alleged; Late Guilty Plea Not Mitigating
Aggravating circumstances not stated in the information cannot raise the penalty in robbery with rape; a guilty plea after prosecution rests is not mitigating.
Drug Cases and the Requirement to Allege Aggravating Circumstances in the Information
In Li Ka Kim v. People, the Supreme Court reduced a death sentence because the aggravating circumstance was not alleged in the Information. Here is what that means.
Upholding Ethical Conduct Disciplinary Action FOR Attorneys Issuing Worthless Checks
The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming that a lawyer's private misconduct can warrant disciplinary action.
Graft and Corruption in the Philippines: When Court Personnel Exploit Public Office for Private Gain
A Supreme Court ruling on a court interpreter's extortion of a litigant shows how graft and corruption in the Philippines is punished.
Upholding Judicial Ethics: Gross Immorality and the Price of Private Misconduct
The Supreme Court dismissed a judge for gross immorality over an extramarital affair, clarifying ethical standards for judges and lawyers.
Rape Conviction Hinges on Proof of Relationship: The Evidentiary Standard for Aggravating Circumstances
The Supreme Court clarifies that qualifying circumstances like relationship in rape cases require strict documentary proof before the death penalty may be imposed.
Derivative Citizenship: How a Parent's Naturalization Can Grant Citizenship to Their Children
Philippine Supreme Court explains when a parent's naturalization confers derivative citizenship on minor children born in the Philippines.
Eyewitness Testimony and the Perils of Alibi in Philippine Murder Cases
A guilty plea to murder does not prove aggravating circumstances; prosecution must still establish them, as shown in People v. Segnar.
Infidelity and the Bar: Disbarment for Immoral Conduct Outside Professional Duties
The Supreme Court disbarred a lawyer for adultery, ruling that gross immorality in private life warrants removal from the Bar.
Expropriation and Due Process: When a City's Power of Eminent Domain Fails
The Supreme Court ruled that the City of Manila violated due process in expropriating private land for housing, failing to exhaust other acquisition modes under RA 7279.
Incestuous Rape Revisiting Penalties and the Application of Aggravating Circumstances
The Supreme Court clarifies penalties for incestuous rape, emphasizing proof of minority and the mandatory award of civil indemnity.
Treachery Must Be Proven Clearly to Elevate Homicide to Murder in Philippine Law
Philippine Supreme Court clarifies that treachery must be proven as clearly as the killing itself; otherwise, the crime is homicide, not murder.
When a Judge Serves as Attorney-in-Fact: Ethical Limits on Fiduciary Roles
The Supreme Court clarifies when a judge's private role as attorney-in-fact crosses into an ethical violation under the Code of Judicial Conduct.