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 649672 of 701 articles for counsel

Credibility of Child Witnesses in Rape Cases: People v. Calma

How Philippine courts weigh child testimony in rape cases, and what People v. Calma teaches about credibility, evidence, and justice for minors.

Service by Registered Mail in the Philippines: When Deadlines Start Ticking

Understand when service by registered mail is complete in Philippine courts, and how insufficient postal certifications can protect your right to due process.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Robbery vs. Highway Robbery in the Philippines: Key Distinctions Explained

Philippine law distinguishes simple robbery from highway robbery under P.D. 532. Learn how the Supreme Court clarified this crucial difference.

Publication Is Key: Ensuring Government Transparency and Rule of Law in the Philippines

Philippine Supreme Court ruling on why administrative circulars must be published to be effective, ensuring transparency and rule of law.

Right of Way Easements in the Philippines: The Least Prejudice Rule and Due Process

Philippine courts require hearing all affected landowners in right of way disputes. Learn the least prejudice rule from Almendras v. Court of Appeals.

Missed Pre-Trial and Default Orders: What Victory Liner v. Viron Means for Businesses

Philippine Supreme Court explains when missing a pre-trial can lead to default orders and why businesses must ensure proper representation.

Presumption of Illegal Fishing: What Fishermen Need to Know About Dynamite Fishing Laws in the Philippines

Learn how Philippine courts apply the presumption of illegal fishing in dynamite fishing cases, what evidence convicts, and the penalties under P.D. 704.

Warranting Precision: Why Describing the Right Place Is Crucial in Search Warrants

The Supreme Court explains why the place to be searched must be described with precision, and the consequences of a vague warrant.

Valid Dismissal for Insubordination: Employee Rights and Company Discipline in the Philippines

Understand when a strike is legal and dismissal valid under Philippine labor law, based on a Supreme Court ruling on employee rights.

Failure to File Corporate By-Laws: Not Automatic Dissolution in the Philippines

Philippine Supreme Court ruling clarifies that failing to file corporate by-laws on time does not automatically dissolve a corporation.

Minor Inconsistencies and Witness Credibility in Philippine Rape Cases

How Philippine courts treat minor inconsistencies in rape victim testimony, and why small discrepancies can strengthen rather than destroy credibility.

Preliminary Investigation as a Substantive Right: The Duterte v. Sandiganbayan Doctrine

The right to preliminary investigation is substantive, not a mere formality. Duterte v. Sandiganbayan shows how its violation can void criminal charges.

When Should a Judge Inhibit: Safeguarding Impartiality in Philippine Courts

Philippine Supreme Court ruling on when judges must voluntarily inhibit to protect judicial impartiality, explained in plain language.

Counterclaims After Complaint Dismissal: Philippine Rules Explained

Learn when counterclaims survive dismissal of the main complaint under Philippine civil procedure, based on the Fletcher Challenge case.

When Workplace Fear Leads to Constructive Dismissal: Philippine Seafarers' Rights

Philippine Supreme Court ruling on constructive dismissal for seafarers who quit due to well-founded fear for their safety at work.

Rape Conviction Affirmed: Why Minor Inconsistencies in a Child Victim's Testimony Do Not Destroy Credibility

The Supreme Court affirms a triple rape conviction, explaining why minor inconsistencies in a young victim's testimony do not undermine credibility.

When a Child Eyewitness Fails: The Roman Meneses Acquittal and the Law on Identification

The Supreme Court acquitted Roman Meneses due to unreliable eyewitness identification, explaining when a child's testimony and police show-ups fail the test of proof beyond reasonable doubt.

Admissibility of Extrajudicial Confessions in Philippine Criminal Law

Explore when extrajudicial confessions are admissible in Philippine courts, based on the Supreme Court's ruling in People v. Jerez.

Substantial Justice vs Technicality: When Can Appeal Deadlines Be Relaxed

The Supreme Court explains when late appeals may be allowed despite rigid rules, balancing technicality against substantial justice in Trans International vs. CA.

In-Court Identification in Rape Cases: People v. Pacistol (G.R. 119074-75)

Philippine Supreme Court ruling on how a victim's credible in-court identification can secure a rape conviction despite flawed police line-up procedures.

Lawyer's Disrespect Toward Court Personnel and IBP Noncompliance: A.C. No. 11508

Supreme Court fines disbarred lawyer for disrespecting court personnel and disobeying IBP directives, clarifying penalties under CPRA.

Illegal Dismissal: Proving Regular Employment and Due Process in Termination

Learn how the Supreme Court protects employees from illegal dismissal when employers fail to prove just cause and observe due process.

Attorney Withdrawal Upholding Client Rights AND Ethical Obligations IN THE Philippines

When can a lawyer withdraw from a case in the Philippines? The Supreme Court clarifies the rules on attorney withdrawal and client protection.