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.
When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction
The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.
Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law
Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.
Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination
Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.
Ethical Standards for Judges and Lawyers: Dismissal and Suspension for Gross Immorality
Supreme Court dismisses judge and suspends him from law practice for extramarital affair, reaffirming strict ethical standards for the judiciary and bar.
Protecting the Vulnerable: Statutory Rape and the Weight of a Child's Testimony
The Supreme Court affirms a statutory rape conviction, explaining why a six-year-old victim's testimony can suffice despite minor inconsistencies.
Ombudsman’s Disciplinary Authority: Ensuring Compliance and Immediate Execution
The Supreme Court affirms the Ombudsman’s full disciplinary power and the immediately executory nature of preventive suspension orders.
Just Cause Without Due Process: When Dismissal Stands But Damages Follow
Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.
Simple vs Destructive Arson: Intent, Information Adequacy, and Penalty
Philippine Supreme Court clarifies simple vs destructive arson, emphasizing the information's allegations control the crime charged and penalty.
Void Marriage: Falsifying Cohabitation to Bypass Marriage License Requirements
Supreme Court rules a false affidavit of five-year cohabitation cannot replace a marriage license, making the marriage void.
Protecting Land Titles: Limits of Agrarian Reform Jurisdiction and Ancestral Land Claims
Supreme Court ruling on DARAB jurisdiction, Torrens title protection, and ancestral land claims under RA 8371.
Self Defense Claim Fails Why Intent AND Evidence Matter IN Murder Cases
Learn why the Supreme Court rejected a self-defense claim in a murder case, emphasizing intent and evidence.
Sheriff Dismissed for 4-Year Delay in Executing Writ and Misconduct
Supreme Court dismisses sheriff for gross neglect of duty and grave misconduct over delayed writ execution and mishandled sheriff's expenses.
Plea Bargaining and Grave Abuse of Discretion: Balancing Justice and Public Interest
The Supreme Court clarifies when a trial court commits grave abuse of discretion in denying a plea bargain, using Daan v. Sandiganbayan as the guide.
Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa
Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.
Compromise Agreements Prevail Over Final Judgments in Philippine Disputes
Philippine Supreme Court ruling on how compromise agreements can supersede final judgments, explained for lay readers.
Judgment Bindings Protecting Rights OF NON Parties IN Property Disputes
The Supreme Court ruled that demolition orders cannot bind non-parties who never had their day in court, protecting their property rights.
Shareholder Rights vs Corporate Autonomy: When Can a Stockholder Intervene in a Corporate Dispute
Philippine Supreme Court clarifies when stockholders may intervene in corporate disputes, emphasizing the separate legal personality of corporations.
Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials
The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.
Indirect Contempt and Forum Shopping: Safeguarding Judicial Processes in the Philippines
Philippine Supreme Court clarifies that dismissal of an administrative case does not bar criminal prosecution for the same acts, and warns against forum shopping and delaying tactics.
Judicial Misconduct When Ignorance of the Law and Delay Taint Justice
A judge's dismissal of a case despite a party's active participation, plus undue delay in resolving a motion, draws fines from the Supreme Court.
Administrative Absolution Does NOT BAR Criminal Prosecution Ensuring Accountability IN Public Office
Philippine Supreme Court ruling: dismissal of an administrative case does not bar criminal prosecution for the same acts against public officials.
Why the Judge Who Hears a Drug Case Must Also Decide It
Philippine Supreme Court rules trial judges must decide cases they hear, ensuring fair drug case trials and reliable factual findings.
Public Funds, Private Gain: Unpacking the Unconstitutional Levy on Fertilizer Sales
The Supreme Court struck down a fertilizer levy that funneled public funds to a private company, reaffirming that taxes must serve a public purpose.
Negligence in Public Service: Distinguishing Gross from Simple Neglect and the Right to Backwages
Explains the Supreme Court's distinction between gross and simple neglect of duty in public service, and when backwages may be awarded.