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 717 articles for counsel

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.

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.

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.

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.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

The Supreme Court enforces final disbarment orders strictly, citing a lawyer in contempt for defying a restitution order.

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 Venue: When Payment Must Be Made Anew on Refiling

Philippine Supreme Court clarifies that refiling a case in the proper venue requires new docket fees; prior payments do not transfer.

When Can a Judge Be Disqualified for Bias? Impartiality in Philippine Courts

Philippine Supreme Court explains when a judge's rulings amount to disqualifying bias, and why adverse decisions alone are not enough.

Unintended Consequences: Criminal Liability for Foreseeable Outcomes in Philippine Law

Philippine Supreme Court ruling on criminal liability, dying declarations, and witness credibility in murder cases under Philippine law.

Employee Dismissal: Proving Just Cause and Observing Due Process in the Philippines

Philippine Supreme Court ruling on employee dismissal: employers must prove just cause with substantial evidence and observe due process.

Parricide in the Philippines: Proving Intent in Family Killings

Understand parricide under Philippine law and how courts prove intent in family killings, with lessons from a landmark Supreme Court ruling.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.