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 964 articles for cir

Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements

Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.

SEC Cease and Desist Orders: When Regulatory Action Violates Due Process

The Supreme Court ruled the SEC acted with grave abuse of discretion by issuing a cease and desist order without proper investigation.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.

When Fear Is Not Enough: Unlawful Aggression in Philippine Self-Defense Cases

Philippine law requires actual unlawful aggression for self-defense claims. Learn what counts and what does not under the Revised Penal Code.

Fraud Voids Donations: Protecting Consent in Property Transfers

Philippine Supreme Court ruling on how fraud and misrepresentation invalidate donations, protecting illiterate donors' consent in property transfers.

Equitable Mortgage vs Absolute Sale: What Philippine Courts Look For

When is a deed of sale really a mortgage? The Supreme Court explains the rules on equitable mortgage in Cirelos v. Hernandez.

Regular Employment Status: When a Probationary Employee Becomes Regular

Understand when a probationary employee becomes regular under Philippine law, based on the Supreme Court's ruling in Dusit Hotel Nikko v. Gatbonton.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

Counterclaims and Forum Shopping: Why No Certification Is Needed for Defenses

Learn when a forum shopping certification is required in Philippine civil cases—and why counterclaims and defenses are exempt under the rules.

When a Lawyer's Negligence Leads to Suspension: The Adecer v. Akut Case

A lawyer who misses the deadline for filing a client's petition for probation faces administrative liability, even if the client was also negligent.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

When Courts Deny Postponements: Due Process in Philippine Litigation

A Supreme Court ruling on when denying a motion for postponement violates due process, and what parties must show to get a resetting.

Jumping Bail in the Philippines: Why Absconding Can Cost You Your Appeal — Lessons from Alva v. Court of Appea

Can fleeing while on bail kill your appeal? The Supreme Court says yes. Learn the rules from Alva v. Court of Appeals.

Judicial Admissions in Philippine Courts: How Your Statements Can Decide Your Case

Learn how judicial admissions work in Philippine courts and why your statements in pleadings can bind you and decide your case.

Certiorari Without Motion for Reconsideration: Exceptions Under Rule 65

Learn when Philippine courts allow a direct petition for certiorari without a prior motion for reconsideration, based on the PAL-PESALA case.

Simulated Contracts in the Philippines: Intent, Validity, and the Valerio Case

Learn how Philippine courts decide simulated contracts by examining party intent, absolute vs. relative simulation, and the Valerio ruling.

Attempted vs. Consummated Rape in the Philippines: The Penetration Rule in People v. Miranda

Philippine law once required penile penetration for consummated rape. People v. Miranda shows why digital penetration meant attempted rape—and a lesser penalty.

Overt Acts and Intent: Understanding Attempted Rape Convictions in the Philippines

The Supreme Court explains when acts amount to attempted rape and when they only constitute light coercion.

Forcible Entry in the Philippines: Why Prior Physical Possession Evidence Wins Cases

Learn how Philippine courts decide forcible entry cases, why prior physical possession evidence matters, and key lessons from Buduhan v. Pakurao.

Voluntary Inhibition of Judges in the Philippines: Impartiality and Public Trust

How Philippine courts handle voluntary inhibition of judges, ensuring impartiality and public trust in the judiciary, with practical guidance.

Lost Your Land to Fraud? Understanding the 10-Year Deadline for Reconveyance in the Philippines

Learn the 10-year prescriptive period for filing reconveyance of fraudulently titled land in the Philippines and how courts apply the discovery rule.

Automatic Review of Death Penalty Cases Cannot Be Waived: People v. Flores

The Supreme Court rules that appellate courts cannot dismiss death penalty appeals for failure to file briefs, as review is mandatory.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Sleeping on the Job: When Can Philippine Employers Terminate for Just Cause?

Philippine employers may terminate employees for sleeping on duty if company rules are violated, but due process and proportionality still matter.