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 65776600 of 6,941 articles for appeal

Abandonment vs Illegal Dismissal: Due Process in Philippine Labor Law

Understanding when failure to report for work is abandonment or illegal dismissal, and what due process requires in termination cases.

Prosecutorial Discretion vs Court Authority: Navigating Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies the balance between prosecutorial discretion and judicial authority in dismissing criminal cases after information is filed.

Prejudicial Question Doctrine: When Civil Cases Halt Criminal Proceedings in the Philippines

Understand the prejudicial question doctrine in Philippine criminal procedure, including when courts may suspend criminal cases pending civil actions.

When a Successor Company Inherits Illegal Dismissal Liability: The Alfante Case

The Supreme Court clarifies when a successor corporation can be held liable for the illegal dismissal acts of its predecessor, and how backwages are computed.

Election Protests Ensuring Fair Canvassing AND Valid Proclamations

Philippine Supreme Court ruling on election protests, canvassing irregularities, and the validity of proclamations in electoral disputes.

Demurrer to Evidence: When Filing It Means Waiving Your Right to Present a Defense

Filing a motion to dismiss after the plaintiff rests can waive your right to present evidence. Learn the rule from a Philippine election case.

Warrantless Arrests and Searches: When Are They Legal in the Philippines?

Learn when warrantless arrests and searches are legal in the Philippines, based on the Supreme Court's ruling in Malacat v. Court of Appeals.

Private vs Common Carriers: Understanding Liability for Cargo Damage in the Philippines

Philippine law distinguishes private from common carriers, affecting liability for cargo damage. Learn the rules and practical implications.

Failure of Election Under Philippine Law: Grounds and Remedies Explained

Learn the limited grounds for declaring a failed election under Philippine law and the proper remedies available to candidates and voters.

When Can You Dismiss an Employee for Misconduct: Loss of Trust and Confidence Explained

Learn when Philippine employers can validly dismiss employees for loss of trust and confidence, and why criminal acquittal doesn't bar termination.

Protecting Your Property Rights Understanding Free Patents AND Land Ownership IN THE Philippines

Learn how the Supreme Court protects private landowners from invalid free patents and what this means for your property rights.

Free Patent Restrictions: Can Leasing or Mortgaging Your Land Cause Reversion to the State?

Learn when leasing or mortgaging free patent land can void your title and cause reversion to the State.

Maritime Negligence and Liability Lessons From the Don Juan Tragedy

The Don Juan tragedy teaches key Philippine maritime law lessons on carrier liability, passenger proof, and damages.

Defective Information in Rape Cases: Waiver and Amendment Under Philippine Law

The Supreme Court rules on defective information in rape cases, waiver by failure to quash, and amendment of indefinite dates.

Rape Conviction Based on Sole Testimony: Understanding Philippine Law

Philippine Supreme Court clarifies when a rape conviction can rest on the complainant's sole testimony, and why alibi and denial fail against positive identification.

Lis Pendens in the Philippines: When a Defendant Can Protect Property Rights

Learn when a defendant can register a notice of lis pendens in the Philippines, even without a registered title, based on a Supreme Court ruling.

When Can a Stock Exchange Deny a Listing? The Puerto Azul Case Explained

The Supreme Court explains the limits of SEC power over stock exchange listing decisions and the business judgment rule.

SEC vs Stock Exchange: Who Decides Which Stocks Get Listed in the Philippines

Supreme Court ruling clarifies the SEC's power to review stock exchange listing decisions and the limits of that authority.

The Right to Preliminary Investigation: A Shield for Liberty in Philippine Criminal Procedure

Philippine Supreme Court ruling on why a regular preliminary investigation is a substantive right, not a mere technicality, protecting the accused from arbitrary detention.

Service of Summons: How to Ensure Valid Jurisdiction in Philippine Courts

Learn how defective substituted service of summons can invalidate court jurisdiction, using the Toyota Cubao v. Guevarra ruling as a guide.

Upholding Judicial Competence: The Cost of Ignoring Basic Procedural Rules

A judge's severe reprimand for gross ignorance of appeal rules underscores the high standard of competence expected of Philippine courts.

Common Carriers and Fortuitous Events: When Is a Carrier Liable for Passenger Injury

Philippine Supreme Court explains when a tire blowout is not a fortuitous event and why common carriers face a presumption of negligence in passenger injury cases.

Consent Is Key: Understanding Rape and Consensual Sex in Philippine Law

The Supreme Court explains why lack of consent defines rape, using a robbery-with-rape case to clarify the law.

Overriding Commissions After Retirement: Employee Rights in the Philippines

Philippine Supreme Court ruling on whether employees can claim commissions earned before retirement but paid after. Learn the rules.