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 66016624 of 6,962 articles for appeal

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.

Conditional vs. Absolute Sale: How Philippine Courts Determine True Property Ownership

Philippine courts look beyond contract labels to determine if a sale is absolute or conditional. Learn the key rules from a landmark Supreme Court case.

Stop-and-Frisk Doctrine: Balancing Public Safety and Individual Rights in Drug Cases

Explaining the stop-and-frisk exception to warrantless searches in Philippine drug cases, and how courts balance public safety with constitutional rights.

Illegal Firearm Possession: Understanding the Nuances of Philippine Law

Learn how Philippine courts decide illegal firearm possession cases, from warrantless searches to penalties under RA 8294.

Employers Bad Faith Actions Employee Rights AND Remedies IN THE Philippines

Learn how Philippine law protects employees and passengers from employer bad faith, with remedies and damages explained in plain language.

Lost Luggage Liability of Common Carriers in the Philippines: The Sarkies Tours Case

Philippine Supreme Court clarifies common carrier liability for lost passenger luggage, including moral and exemplary damages under the Civil Code.