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 2,292 articles for tro

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Protecting Seafarers' Permanent Partial Disability and the Right to Compensation

Supreme Court rules seafarers can claim permanent partial disability benefits even if injury is curable or not in POEA schedule.

Overcoming Title Presumptions: The Imperative of Clear and Convincing Evidence in Land Disputes

Philippine Supreme Court ruling on why clear and convincing evidence is required to overturn a free patent and certificate of title.

Attorney Disbarment for Willful Disobedience Upholding Court Authority in the Philippines

Learn how the Supreme Court disciplines lawyers for willful disobedience, protecting court authority and the integrity of the legal profession.

Upholding Child Protection: Parental Discipline vs. Child Abuse Under R.A. 7610

The Supreme Court clarifies the line between parental discipline and child abuse under R.A. 7610 in a case involving a guardian who burned a child with a flat iron.

Chain of Custody in Drug Cases: Integrity Over Strict Procedure

The Supreme Court clarifies that minor lapses in drug evidence procedure do not automatically acquit an accused if the evidence's integrity remains intact.

Improper Levy Voids Execution Sale Protecting Due Process in Debt Recovery

Supreme Court rules labor tribunals cannot hold corporate officers liable without summons, voiding execution sales against them.

Union Dues Increase: Supreme Court Requires Strict Compliance for Agency Fees

The Supreme Court ruled that increased union agency fees require strict compliance with Labor Code approval and documentation requirements.

Taxation and Freeport Zones: The Limits of Executive Power in Revenue Regulation

The Supreme Court strikes down a revenue regulation imposing VAT and excise tax on freeport zone importations, affirming that tax exemptions cannot be revoked by executive issuance.

When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases

The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.

Illegal Dismissal Claims: When Breach of Trust Justifies Termination Despite Weak Theft Evidence

Philippine Auto Components v. Jumadla clarifies when loss of trust and confidence can justify dismissal even if serious misconduct is not proven.

Foreign Ownership in Public Utilities: The High Court Defines "Capital"

The Supreme Court clarifies that Under the Constitution

Probable Cause Required Before Customs Seizure: Commissioner of Customs v. Singson

Philippine Supreme Court rules customs forfeiture requires probable cause first, not mere suspicion or certification.

Probable Cause and Customs Seizure: Protecting Due Process in Forfeiture Cases

The Supreme Court clarifies that probable cause must precede customs seizure and forfeiture, protecting claimants from arbitrary government action.

Affidavit of Desistance in Rape Cases: Supreme Court Scrutiny and Victim Credibility

Supreme Court affirms rape conviction despite affidavit of desistance, ruling recanted affidavits are unreliable and victim testimony credible.

Real Actions and Jurisdiction: Why Assessed Value Determines the Correct Philippine Court

In real actions, the property's assessed value determines which court has jurisdiction. Omitting it can doom the case.

Loss of Trust and Confidence as Ground for Dismissal: What Employers Must Prove

Philippine Supreme Court clarifies when loss of trust and confidence justifies employee dismissal, requiring willful breach proven by substantial evidence.

Enforcement of Government Contracts: Recovery Allowed Despite Lack of Funds Certification

Supreme Court allows contractor recovery for government equipment leases despite missing funds certification, citing quantum meruit and equity.

Chain of Custody Imperative Safeguarding Drug Evidence Integrity in Philippine Law

The Supreme Court acquits a drug suspect due to broken chain of custody, stressing strict compliance with Section 21 of RA 9165.

Cooperative Debt Collection: Jurisdiction, Authority, and Interest Rates Explained

Learn how the Supreme Court ruled on cooperative debt collection, officer authority, and interest rate reductions in Fausto v. Multi Agri-Forest.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Fixed-Term Employment vs Regular Employment: Security of Tenure Under the Labor Code

Explaining Oyster Plaza Hotel v. Melivo on when fixed-term and probationary workers become regular employees entitled to security of tenure.

Protecting Workers: Illegal Dismissal and the Rights of Pakyaw Employees in the Philippines

Philippine Supreme Court clarifies that pakyaw workers are regular employees entitled to security of tenure, holiday pay, and service incentive leave pay.

Attorney’s Fees and Ethical Conduct: Candor and Fairness in Lawyer-Client Relationships

The Supreme Court suspended a lawyer for five years for deceitful fee agreements and unfair dealings with elderly clients, reaffirming ethical duties.