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 69376960 of 11,940 articles for up

Insubordination or Illegal Dismissal: Clarifying Lawful Orders in the Workplace

When does refusing a transfer become insubordination? The Supreme Court clarifies the line between lawful management orders and illegal dismissal.

Protecting State Assets: Sandiganbayan Jurisdiction Over PCGG Sequestration of Ill-Gotten Wealth

The Supreme Court clarifies that the Sandiganbayan, not the SEC, has jurisdiction over cases involving sequestered ill-gotten wealth.

Ombudsman's Investigative Power Discretion VS Prescription IN Administrative Cases

Supreme Court clarifies that the Ombudsman's discretion to investigate is not defeated by prescription, unless it amounts to grave abuse. Learn the rules.

Water Districts Are Government-Owned: Anti-Graft Law Applies to Their Officers

Supreme Court rules local water districts are government-owned corporations, so their managers face Anti-Graft Law prosecution for corrupt practices.

Finality of Just Compensation: When Second Chances in Land Reform Are Overruled

The Supreme Court denies a second motion for reconsideration on land reform compensation, underscoring the finality of judgments and the limits of procedural remedies.

Gross Neglect of Duty Dismissal Upheld Despite Delay in Ombudsman Proceedings

Supreme Court affirms Ombudsman's power to directly discipline erring officials, clarifying due process standards in administrative cases.

Treachery Defined: When a Sudden Attack Qualifies as Murder Under Philippine Law

The Supreme Court explains when a sudden, unexpected attack constitutes treachery, qualifying a killing as murder under Philippine law.

When Silence Is Not Golden: Positive Identification in Robbery With Homicide

The Supreme Court affirms that a victim's clear, positive identification outweighs an accused's denial and alibi in robbery with homicide.

Writ of Possession Is Ministerial Duty, Not a Venue for Fraud Claims

The Supreme Court clarifies that a writ of possession in extrajudicial foreclosure is a ministerial duty, not subject to fraud claims.

Court Discretion in Estate Administration: When Can a Special Administrator Be Removed

Philippine Supreme Court clarifies when courts may remove a special administrator and the limits of judicial discretion in estate proceedings.

Heirs' Rights Prevail in Inheritance Disputes: Partition and Prescription Explained

Philippine Supreme Court ruling on heirs' rights in inheritance disputes, covering partition, prescription, and validity of conveyances affecting estate property.

Contractual Obligations Upholding Interest AND Penalties IN Land Purchase Agreements

Philippine Supreme Court rules buyers must pay stipulated interest and penalty charges in land purchase agreements, even if onerous.

Supreme Court Affirms Rape Conviction Based on Victim's Credible Testimony Despite Minor Inconsistencies

Philippine Supreme Court affirms rape conviction, ruling that a victim's credible testimony suffices even with minor inconsistencies and delayed reporting.

Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines

Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.

Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal

Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.

Defining Confidential Employees: Balancing Labor Rights and Management Prerogatives in Collective Bargaining

Supreme Court ruling on confidential employees in bargaining units and acting capacity pay, balancing labor rights with management prerogatives.

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

Partnership vs Loan: Proving the True Nature of Money Transfers in Family Business Disputes

When is a transfer of funds a loan rather than a share of profits? The Supreme Court clarifies the rules of evidence in family business disputes.

Sheriffs' Duty to Execute Writs Promptly and the Consequences of Neglect

A sheriff's delay in executing a writ is simple neglect of duty, even if the winning party fails to follow up.

Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales

Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.

Writ of Possession After Foreclosure: What Buyers at Auction Must Know

The Supreme Court clarifies that a writ of possession issues as a matter of right to a foreclosure sale purchaser, even if the mortgagor files an annulment case.

Right to Counsel in Criminal Appeals: Due Process Beyond the Trial Court

The Supreme Court rules that the right to counsel extends to appeals, and gross lawyer negligence can excuse a missed appeal.

Piercing the Corporate Veil: Personal Jurisdiction Over Sole Proprietorships in Philippine Courts

Philippine Supreme Court clarifies that sole proprietorships lack juridical personality, requiring suits against the owner personally for proper jurisdiction.

Insurer's Inaction on Insurance Application: When Silence Means Approval

Supreme Court rules insurer's prolonged inaction on a group life insurance application amounts to approval, protecting insured parties from prejudice.