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 4972 of 137 articles for chr

Due Process and Administrative Investigations: The Limits of Certiorari

When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.

Indigency and Access to Courts: Balancing Constitutional Rights with Procedural Rules

The Supreme Court clarifies when counsel's negligence binds clients and why procedural rules on appeals remain jurisdictional.

Intent to Kill: What Separates Frustrated Homicide from Serious Physical Injuries

Philippine Supreme Court clarifies how intent to kill distinguishes frustrated homicide from serious physical injuries, with practical guidance on evidence.

Rape and the Incapacity to Consent: Protecting the Intellectually Disabled in Philippine Law

Philippine law treats rape as a violation of autonomy, especially when the victim cannot consent due to intellectual disability. This article explains the key ruling.

Reinstatement to the Bar: Proving Moral Reformation and Rehabilitation

The Supreme Court denies a disbarred lawyer's plea for reinstatement, clarifying the high burden of proving moral reformation.

Forged Signatures and Void Sales: Protecting Conjugal Property Rights in the Philippines

Learn how the Supreme Court nullified a sale based on forged signatures, protecting conjugal property and heirs' rights under Philippine law.

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Ground for Dismissal

Court employee dismissed for habitual tardiness and absenteeism. Learn the rules on punctuality and public trust in the Judiciary.

Beyond Deadlines: The COMELEC's Power to Ensure Fair Plebiscites Despite Statutory Timelines

When a plebiscite deadline becomes impossible to meet, can the COMELEC reset the date? The Supreme Court says yes, in a ruling that prioritizes the people's right to vote.

When Teaching Doesn't Cover All: Narrowing the Scope of Occupational Disease Compensation

A Supreme Court ruling clarifies that being listed as an occupational disease does not automatically make an illness compensable under Philippine law.

Rape Conviction Affirmed: Force and Consent in Sexual Assault Cases

The Supreme Court affirms a rape conviction, clarifying that voluntary presence in a motel does not equal consent to sex.

Defining Attempted Rape: Proving Penile Penetration in Philippine Law

Philippine Supreme Court clarifies that consummated rape requires proof of penile penetration of the labia; mere touching may constitute only attempted rape.

Due Process in Employee Dismissal: The Two-Notice Rule and Employer Obligations

Learn the two-notice rule in Philippine labor law and how the Supreme Court applied it to probationary employees in Carvajal v. Luzon Development Bank.

Expropriation for Socialized Housing: Balancing Public Need and Private Rights

Philippine Supreme Court ruling on City of Manila's failed expropriation for socialized housing, highlighting strict rules on eminent domain.

Church Disaffiliation and Corporate Rights: Balancing Religious Freedom and SEC Jurisdiction

A local church's right to disaffiliate from a national church body, and the SEC's jurisdiction over religious corporations, explained.

Timely Transcript Submission: Court Stenographer Suspended for Delayed TSNs

Supreme Court suspends court stenographer for chronic TSN delays, underscoring that efficiency and compliance with Administrative Circular No. 24-90 are mandatory in the judiciary.

Upholding Judicial Dignity: Balancing Free Speech and Respect for Courts in Legal Commentary

How the Supreme Court disciplined UP Law professors for intemperate statements, balancing lawyers' free speech with their duty to uphold judicial dignity.

Redirect Examination Waiver and Court Discretion: Soriano v. Mendoza-Arcega

When a trial court may deem redirect examination waived due to a party's delay, and why appellate courts will uphold that discretion.

When a Guilty Plea Is Not Enough: Proving Murder Beyond Reasonable Doubt

The Supreme Court explains why a guilty plea to a capital offense still requires the prosecution to prove guilt and the precise degree of culpability.

Annulment and Parricide: The Prejudicial Question Rule Explained

When a marriage annulment case can—and cannot—suspend a criminal case for parricide under Philippine law.

Buy-Bust Operations and the Chain of Custody: Ensuring Integrity in Drug Cases

The Supreme Court clarifies that minor lapses in Section 21 custody procedures do not automatically invalidate drug seizures if evidentiary integrity is preserved.

Seafarers' Rights: Employer Liability for Illness Manifesting During Employment Despite Post-Contract Death

Philippine Supreme Court ruling on seafarer death benefits when illness manifests during employment but death occurs after contract term.

Dying Declarations and Witness Credibility Determining Guilt in Murder Cases

Supreme Court ruling on witness credibility, alibi, conspiracy, and treachery in multiple murder convictions.

Love Conquers All: Marriage Extinguishes Rape Conviction Under Philippine Law

Philippine Supreme Court absolves a convicted rapist after marrying the victim, citing provisions of the Revised Penal Code on marriage as extinguishing criminal liability.