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 601624 of 667 articles for authority

Unions Cannot Waive Individual Workers' Rights Without Their Consent

Philippine Supreme Court ruling on whether unions can compromise individual workers' claims without their consent, and the limits of collective bargaining authority.

When Can an Employer Terminate an OFW Due to Illness? The Medical Certificate Rule

Philippine law requires a medical certificate from a competent public health authority before an employer can validly terminate an OFW due to illness.

Judicial Rank vs Salary Grade: Understanding Position Classification in the Philippine Judiciary

The Supreme Court explains why equal salary grades do not mean equal judicial rank, clarifying position classification in the Court of Appeals.

Falsification of Public Documents: When Good Faith Fails as a Defense

Good faith may defend falsification charges, but it must be proven. Resoso v. Sandiganbayan shows why authorization and documentation matter.

Piece-Rate Workers Can Be Regular Employees: The Lambo v. NLRC Ruling

How the Supreme Court ruled that piece-rate tailors are regular employees entitled to full labor rights under Philippine law.

Execution Pending Appeal in the Philippines: When Can a Judgment Be Enforced Immediately?

Learn when Philippine courts may allow execution pending appeal, the good reasons required, and the safeguards protecting a losing party's right to appeal.

Statutory Rape in the Philippines: When Consent Does Not Matter (People v. Motos)

Philippine law treats sex with a child under 12 as statutory rape—consent is legally impossible. Learn the rules and penalties.

Breach of Contract in the Philippines: Rescission and the Risks of Buying Property with a Notice of Lis Penden

Philippine Supreme Court ruling on rescission, reciprocal obligations, and why a notice of lis pendens binds any buyer of disputed property.

Judicial Ethics: Dismissal of Judge for Sexual Harassment and Conduct Unbecoming

Supreme Court dismisses judge for sexual harassment, harassment of employees, and improper dealings with a litigant before his sala.

Fishpond Ownership in the Philippines: When BFAR Jurisdiction Overrides Court Decisions

Philippine courts cannot declare private ownership over public land designated for fishponds—only BFAR holds that authority. Learn the rules.

Expropriation in the Philippines: Provisional Deposit and Writ of Possession Explained

Understand how the 1997 Rules on expropriation allow the government to take property upon depositing assessed value, and what this means for owners.

Ombudsman's Limits: When Can the Ombudsman Order Payment of Back Wages

Philippine Supreme Court ruling on the Ombudsman's power to order payment of back wages and limits of its jurisdiction.

Can Philippine Universities Revoke Degrees? Academic Integrity and Due Process

The Supreme Court affirms a university's power to revoke degrees obtained through fraud, provided due process is observed.

Deadfreight and Demurrage in Charter Parties: NFA v. Hongfil Shipping

Supreme Court clarifies when charterers owe deadfreight but not demurrage, and when corporate officers escape personal liability.

Legal Compensation of Debts in the Philippines: When Can You Offset Dues?

Learn when Philippine law allows compensation or set-off of debts, and why unliquidated claims cannot offset condominium dues.

Residency Requirement for Philippine Candidates: The Domino Doctrine on Domicile

Philippine election law equates residency with domicile. The Domino case shows why voter registration and genuine intent matter for candidates.

Article 125 and the Proper Judicial Authority: Filing Before the MTC Stops the Detention Clock

Filing a complaint with the MTC counts as delivering a detainee to the proper judicial authority under Article 125, even without trial jurisdiction.

Managerial vs. Supervisory Employees: Unionization Rights Under Philippine Labor Law

Learn how Philippine law distinguishes managerial from supervisory employees and why misclassification can block unionization rights.

Intent Is Key: Understanding Kidnapping Laws in the Philippines and Deprivation of Liberty

Learn how Philippine courts determine intent in kidnapping cases, based on a Supreme Court ruling on a child abduction case.

When Can Your Boss Transfer You? Understanding Lawful Orders and Insubordination in Philippine Labor Law

The Supreme Court explains when a transfer is a valid management prerogative and when refusing it becomes insubordination.

When Is a Sheriff Liable for Wrongful Execution? The De Guzman Rule

Philippine law shields sheriffs who execute judgments in good faith and with an indemnity bond. Learn the rules on wrongful execution and third-party claims.

When a Confirmed Flight Doesn't Extend Ticket Validity: Cervantes v. PAL

Learn from Cervantes v. PAL: confirming a flight does not extend a ticket's validity, and agents cannot bind the airline beyond their authority.

Tenancy Disputes and Jurisdiction: Courts vs. Agrarian Reform Boards

Understanding when courts or DARAB have jurisdiction over agrarian disputes, based on a recent Supreme Court ruling.

Protecting Your Inheritance: Co-Ownership and the Right of Legal Redemption in Philippine Property Law

Learn how Philippine law protects heirs from fraudulent property dispositions and when actions for reconveyance may still be filed.