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 673696 of 699 articles for authority

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.

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.

The Limits of Mission Orders: When Can Civilians Carry Firearms Legally in the Philippines

Philippine Supreme Court ruling on mission orders, civilian firearm possession, and the limits of authority to issue gun permits.

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.

Graft and Corruption: Understanding Undue Injury Under Philippine Law

Explaining undue injury in Anti-Graft law through Amper v. Sandiganbayan, where a city engineer used a government backhoe for treasure hunting.

Kidnapping vs. Illegal Detention: The Role of Intent Under Philippine Law

Philippine law distinguishes kidnapping from illegal detention by the offender's intent. The Supreme Court explains the difference in People v. Dadles.

Docket Fees and Jurisdiction: Re-Filing a Case After Dismissal for Improper Venue

When a case is dismissed for improper venue, must new docket fees be paid upon re-filing? The Supreme Court clarifies the rule.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Forum Shopping in the Philippines: How Duplicate Cases Can Kill Your Labor Claim

Learn how filing duplicate labor cases amounts to forum shopping and leads to automatic dismissal under Philippine rules.

Service of Court Decisions in the Philippines: The Laza Case and Due Process

Learn how Philippine courts rule on valid service of decisions, the "sufficient discretion" standard, and the Laza v. Court of Appeals case.

Losing Control: Understanding Loss of Jurisdiction After Appeal in Philippine Courts

When a case is appealed, the trial court loses jurisdiction. This administrative case explains the rule and its limits.

Ombudsman's Power to Prosecute: Understanding Its Limits and Scope in the Philippines

The Supreme Court upholds the Ombudsman's power to investigate and prosecute public officials under R.A. 6770, clarifying constitutional limits.

Passion Provocation and Criminal Liability: Understanding Homicide in the Philippines

When does anger mitigate a killing? The Supreme Court explains passion or obfuscation, treachery, and homicide in People v. Valles.

DARAB Jurisdiction Explained: Filing Agrarian Disputes in the Philippines

Learn where to file agrarian disputes in the Philippines—DARAB vs. PARAD jurisdiction clarified under R.A. 6657 and the DARAB rules.

Quantum Meruit: When a Contractor Can Recover Payment Without a Formal Contract

Philippine Supreme Court explains when contractors can recover payment on a quantum meruit basis even without a written contract.

Exhaustion of Administrative Remedies: When Can You Skip the Line to Court?

Learn when the exhaustion rule applies, its exceptions, and why a replevin suit failed against DENR forfeiture.

Contract Validity and Enforceability: Lessons from Roblett v. Court of Appeals

A 1997 Supreme Court ruling on contract validity, authority to sign, and estoppel in Philippine obligations law.

Eminent Domain in the Philippines: Just Compensation and Due Process

Learn how Philippine law protects property owners in eminent domain cases, focusing on just compensation and due process requirements.

When Can a Company Terminate an Employee Due to Illness? Philippine Law Guide

Philippine law sets strict rules for terminating employees due to illness. Learn the requirements, including the six-month cure rule and medical certification.

Illegal Recruitment and Estafa in the Philippines: Key Lessons from a Supreme Court Case

Learn how Philippine courts handle illegal recruitment and estafa, and what job seekers must know to avoid scams.

Failure of Election vs. Election Protest: Key Differences Explained

Learn the legal distinction between a failure of election and an election protest, based on the Supreme Court ruling in Borja vs. COMELEC.

Judge's Authority in Marriage Solemnization: Jurisdiction and Validity Rules

Learn the jurisdictional limits of judges solemnizing marriages in the Philippines and the mandatory presumptive death proceeding under the Family Code.

Immediate Reinstatement Pending Appeal: What Philippine Employees Should Know

Philippine Airlines v. NLRC explains the immediate executory nature of reinstatement orders pending appeal under Article 223 of the Labor Code.

When Is a Police Officer Considered On-Duty? Compensation Under Philippine Law

Philippine law treats police officers as on duty 24 hours a day for compensation purposes. Learn how this affects claims under the Employees' Compensation Program.