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 Can a Governor Contract Without Board Approval? Key COA Ruling
A governor must secure sanggunian approval for contracts unless a specific appropriation covers the project. Learn the rules from a 2016 COA case.
Estafa Acquittal and Civil Liability: Distinguishing Ex Delicto From Ex Contractu
When an estafa acquittal rests on a contract, civil liability ex delicto cannot be awarded; the creditor must file a separate civil action.
Lawyer Disbarred for Misusing Client Funds and Soliciting Bribe
Supreme Court disciplines lawyer for absconding with client money and offering to bribe a judge, reaffirming ethical duties.
Upholding Client Trust Attorney Disbarred FOR Unauthorized Compromise AND Misappropriation OF Funds
A lawyer who compromised a client's case without authority and misused funds for docket fees was disbarred by the Supreme Court.
Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)
The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.
Breach of Trust Establishing Guilt in Qualified Theft Cases in the Philippines
The Supreme Court explains how a cashier's breach of confidence proves qualified theft, affirming reclusion perpetua for P640,353.86 misappropriation.
Proving Conspiracy in Estafa: When Mere Presence Is Not Enough
The Supreme Court acquits a co-accused in estafa, clarifying that conspiracy must be proven beyond reasonable doubt and cannot exist after the crime is consummated.
Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases
The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.
Lawyer Suspended for Misappropriating Client Funds in Breach of Fiduciary Duty
A lawyer's failure to account for and return client funds collected on behalf of a client constitutes gross misconduct warranting suspension.
Breach of Public Trust: Dismissal for Misappropriation of Court Funds
Supreme Court affirms dismissal of clerk of court who used judiciary funds for personal expenses, underscoring public trust.
Malversation Through Falsification: Upholding Accountability in Philippine Public Office
A BIR agent's conviction for malversation through falsification shows how Philippine courts penalize public fund misappropriation and enforce restitution.
Land Registration Under Section 14(2): The Patrimonial Property Requirement
The Supreme Court clarifies when alienable public land becomes private property subject to acquisition by prescription under PD 1529.
Separation Pay After Valid Dismissal: When Social Justice Does Not Apply
The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.
Salary Standardization Incumbency Determines RATA Entitlement
Philippine Supreme Court clarifies that RATA benefits under the Salary Standardization Law apply only to incumbents as of July 1, 1989.
Theft in Telecommunications: Defining International Simple Resale and the Limits of Search Warrants
The Supreme Court clarifies that international simple resale constitutes theft under Philippine law and explains the rules on search warrants.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Technical Malversation: Good Faith Is No Defense for Misapplying Public Funds
A mayor diverted food for malnourished children to calamity victims. The Supreme Court ruled this is technical malversation—good faith is no defense.
Accretion vs. Dried Riverbeds: Who Owns the Land in the Philippines?
The Supreme Court clarifies that land formed by a dried-up riverbed belongs to the State, not adjacent owners. Learn the rules on accretion and land registration.
Corporate Veil Piercing: Directors Held Liable for Fraudulent Misrepresentation in Syndicated Estafa
Supreme Court ruling on when corporate directors can be held criminally liable for estafa despite the separate juridical personality of corporations.
Accountability in Public Office: Understanding Malversation of Public Funds in the Philippines
The Supreme Court explains the elements of malversation of public funds and why restitution does not erase criminal liability for accountable officers.
When Void Government Contracts Still Get Paid: Quantum Meruit Explained
Philippine Supreme Court explains when contractors can recover payment for void government contracts through quantum meruit, citing DPWH v. Quiwa.
Philippine Red Cross Charter: Understanding Its Unique Legal Status
The Supreme Court explains why the Philippine Red Cross is neither a private corporation nor a government entity, and why its charter remains valid.
Reassignment and RATA: When Government Employees Keep Their Allowance
The Supreme Court clarifies when a reassigned local government employee may continue receiving RATA, balancing administrative authority with employee rights.
When Can a Generic Term Like "Ginebra" Be Protected as a Trademark?
The Supreme Court clarifies when a generic word like "Ginebra" may acquire trademark protection through secondary meaning, and why preliminary injunctions demand a clear right.