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.
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Prosecutors Discretion Prevails Understanding The Limits OF Bureau OF Customs Authority IN Smuggling Cases
The Supreme Court clarifies that the Bureau of Customs cannot control criminal prosecutions—that power belongs to public prosecutors.
Employee vs Independent Contractor: Key Factors in Philippine Labor Law
The Supreme Court clarifies the control test distinguishing employees from independent contractors, using an insurance agent case as guide.
Local Government Officials and Legal Representation: Defining Government Instrumentalities
Supreme Court clarifies that government-owned or controlled corporations like NPC are "instrumentalities" under the Local Government Code, disqualifying sanggunian members from appearing as counsel ag
Judicial Seniority in the Court of Appeals: Date of Appointment Controls
The Supreme Court settles how CA justices' seniority is determined—by appointment date, not transmittal or barcode.
Retail Trade Liberalization: Balancing Economic Growth and Filipino Control
The Supreme Court upheld the Retail Trade Liberalization Act of 2000, ruling that the Constitution does not mandate a Filipino monopoly over the economy.
Water Districts as GOCCs: Reaffirming Government Control and Audit Authority
The Supreme Court reaffirms that water districts are government-owned or controlled corporations with special charters, settling tax and audit questions.
Decoding Independent Contractors When Control Determines Employment Status in the Philippines
Philippine Supreme Court clarifies employer-employee relationship tests and the mandatory certificate of non-forum shopping in NLRC appeals.
Independent Contractor or Employee? Control in Insurance Agency Agreements
Philippine Supreme Court clarifies when an insurance agent becomes an employee, applying the four-fold test and control standard.
Mining Rights and State Control: The Limits of Exploration Permits in the Philippines
Philippine Supreme Court ruling on exploration permits, vested rights, and state control over mineral reservations under the Mining Act.
Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends
When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.
Employer Control Determines Employment Status: The PLDT Security Guard Case
When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.
Duress vs Free Will: When Fear Does Not Excuse Criminal Liability
Philippine Supreme Court explains when uncontrollable fear excuses a crime and when it does not, in a murder case.
Constitutional Limits on Land Ownership: Aliens Cannot Indirectly Control Philippine Land Through Filipino Spo
Philippine Supreme Court ruling that alien spouses cannot claim rights over land titled to Filipino wives, citing constitutional prohibitions.
Independent Contractor vs Employee: Control Test in Consultancy Agreements
The Supreme Court clarifies when a consultant is an independent contractor, not an employee, using the four-fold test and control test.
Upholding Prosecutorial Powers of the Ombudsman: Lessons from Lazatin v. Desierto
The Supreme Court affirms the Ombudsman's prosecutorial powers and control over the Office of the Special Prosecutor in Lazatin v. Desierto.
Real Property Tax: What Counts as Pollution Control Equipment for Exemption
The Supreme Court clarifies when pollution control structures qualify for real property tax exemption under the Local Government Code.
Defining the Employer: Coca-Cola's Control Over Contracted Salesmen
When is a contractor a labor-only contractor? The Supreme Court clarifies employer liability and control over contracted salesmen.
Breach of Trust Dismissal Upheld for Financial Controller's Mismanagement
Supreme Court rules financial controller validly dismissed for gross neglect, serious misconduct, and loss of trust and confidence.
Control Is Key: Hospital Supervision Determines Employer-Employee Relationship With Resident Doctors
Supreme Court rules hospital control over resident doctors creates employer-employee relationship, entitling them to labor law protections.
Constructive Possession of Illegal Drugs: Proximity Alone Is Not Enough
Philippine Supreme Court clarifies that mere presence near illegal drugs does not prove constructive possession; dominion and control are required.
Independent Contractor or Employee: The Four-Fold Test in Philippine Labor Law
When is an insurance agent an employee, not an independent contractor? The Supreme Court explains the four-fold test and the crucial "control test" in Tongko v. Manulife.
Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails
Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.
Exterior vs Interior Contract Interpretation and Obligations in Philippine Law
Supreme Court rules on contract interpretation: plain meaning controls unless ambiguity exists, and obscurity cannot favor the drafting party.
When Is a Newspaper Columnist an Employee? The Orozco Ruling
The Supreme Court clarifies when a newspaper columnist is an independent contractor, not an employee, under the control test.