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 10,600 articles for legal advice

Mitigating Circumstances and Gross Neglect of Duty: Reassessing Penalties in Judiciary Misconduct

The Supreme Court modifies dismissal to suspension for a clerk of court guilty of gross neglect, appreciating mitigating circumstances under amended Rule 140.

Protecting Children: Statutory Rape and Sexual Assault Convictions Clarified

The Supreme Court clarifies when an accused can be convicted of both statutory rape and sexual assault arising from a single incident against a child.

Dismissal Delayed Is Justice Denied: The Right to Speedy Disposition in Philippine Administrative Cases

The Supreme Court rules that inordinate delay by the Ombudsman in resolving administrative cases violates the constitutional right to speedy disposition of cases.

Indispensable Parties: Why an Estate Administrator Is Not Always Required in Property Disputes

The Supreme Court clarifies when an estate administrator is an indispensable party in property disputes, and the limits of raising new issues on appeal.

Equitable Mortgage Prevails When A Deed Of Sale Masks A Loan Agreement

When a deed of sale actually secures a loan, Philippine law treats it as an equitable mortgage. The Supreme Court explains the rules.

Negligence in Handling Government Funds: A Landmark Supreme Court Ruling

The Supreme Court clarifies when public officers may be held liable for negligence in handling government funds and the right to speedy disposition of cases.

Concubinage Beyond the Conjugal Home: What the Supreme Court Ruled

The Supreme Court clarifies that cohabitation in any place, not just the conjugal home, can constitute concubinage under Philippine law.

When a Missing Estate Administrator Does Not Void a Contract Case: Heirs of Manzano v. Kinsonic

The Supreme Court clarifies when the absence of an estate administrator is not fatal to a contract dispute, distinguishing indispensable from necessary parties.

Bribery in Public Service: Demanding Money for Expedited Titling Constitutes Direct Bribery

A Supreme Court ruling clarifies when a public officer's demand for money to expedite a transaction constitutes direct bribery under Philippine law.

Conjugal Property vs Separate Insurance: When a Spouse's Death Does Not Pay Off the Mortgage

A Supreme Court ruling clarifies when a mortgage redemption insurance payout applies after a spouse's death, and how conjugal property is determined.

Probable Cause vs Due Process: Navigating Preliminary Investigations in the Philippines

The Supreme Court clarifies the distinction between probable cause and due process in preliminary investigations, affirming a direct bribery conviction.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

When Silence Isn't Golden: Novation and Debtor Substitution in Philippine Law

The Supreme Court clarifies when a creditor's silence or acceptance of payments amounts to novation and debtor substitution.

Notarial Duty Consequences Of Neglecting Proper Identification IN Philippine LAW

A notary who fails to verify identities faces suspension and perpetual disqualification, as shown in a recent Supreme Court ruling.

Illegal Dismissal: Employer Liability After a Prolonged Business Suspension

When a business suspension exceeds six months, employers must validly terminate or recall workers. Learn the rules from a 2023 Supreme Court ruling.

Drug Den Conviction Overturned: Isolated Incidents and Chain of Custody Failures

Supreme Court acquits accused of maintaining a drug den, ruling isolated test-buy and broken chain of custody cannot sustain conviction.

Bank Liable for Moral Damages Over Mortgage Redemption Insurance Non-Disclosure

When a bank offers mortgage redemption insurance, it must disclose coverage limits. Learn from Land Bank v. Miranda why non-disclosure can lead to damages.

Emergency Powers and Oil Industry Takeovers: Understanding Delegation Limits in the Philippines

The Supreme Court struck down Section 14(e) of the Oil Deregulation Law for invalidly delegating emergency takeover powers. Learn the constitutional limits.

Disrespect to the Court: Disbarment for Abusive Language and Unprofessional Conduct

Supreme Court disbars lawyer for abusive language and disrespect toward court officials, affirming high standards of lawyer conduct.

Disbarment for Misconduct: Lawyer Who Solicited Bribes for CA Justices Removed from Bar

Lawyer disbarred for soliciting P160,000 to bribe Court of Appeals justices, violating the Code of Professional Responsibility.

Upholding Ethical Conduct Attorney Sanctioned for Overreach and Notarial Misconduct

Supreme Court disciplines lawyer for exceeding search warrant limits and notarizing brother's certificate, affirming ethical boundaries.

Seafarer Wins Attorney's Fees After Being Compelled to Litigate Disability Claim

Supreme Court reinstates attorney's fees for seafarer with Meniere's Disease, ruling he was compelled to litigate to recover disability benefits.

Seafarer Disability Claims: When Can a Seaman Recover Attorney's Fees

The Supreme Court clarifies when a seafarer can recover attorney's fees in disability claims, even without employer bad faith.

Customs Brokers vs Declarant: Who Signs Import and Export Declarations in the Philippines

The Supreme Court clarifies that under RA 10863, importers and exporters may sign goods declarations without a customs broker.