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 522 articles for memorandum

Dismissed Electric Cooperative GM Can't Claim Retirement: NEA Jurisdiction Ruling

Supreme Court affirms NEA's exclusive jurisdiction over electric cooperative GM retirement claims, forfeiting benefits upon valid dismissal.

Condominium Dues and VAT: Supreme Court Clarifies Taxability of Association Fees

The Supreme Court confirms that condominium association dues are not subject to VAT, income tax, or withholding tax.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

Falsification of Public Documents and Anti-Graft Liability: The Maasin River Quarrying Case

A vice mayor's conviction for falsifying Sangguniang Bayan minutes and violating the Anti-Graft Law, explaining the legal principles involved.

Non-Delegation Doctrine Shields Indigenous Rights in Mining Agreements

Supreme Court voids mining compliance certificate signed under invalid delegation, protecting Mamanwa Tribes' ancestral domain rights.

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

Lawyer Disbarred for Misconduct in Property Transactions: Lessons from BASECO Case

Supreme Court disbars lawyer for failing to account for client funds and neglecting property titling work, highlighting ethical duties in Philippine property law practice.

Navigating VAT Refund Claims: Due Process in Philippine Tax Courts

Learn how the Supreme Court protects taxpayers' due process rights in VAT refund claims, from the 120-day rule to document submission standards.

Offshore Gaming Taxation: The Supreme Court on Philippine Tax Authority Limits

The Supreme Court upheld the constitutionality of taxing Philippine Offshore Gaming Operators, clarifying the limits of Philippine tax authority over POGOs.

Understanding the Binding Nature of Compromise Agreements in Philippine Law

A look at City of Bacolod v. Sugarland Hotel, where the Supreme Court affirmed that a memorandum of understanding is a binding contract, and explored estoppel and jurisdictional challenges.

Conflict of Interest and Public Funds: When Cooperative Membership Does Not Equal Graft

Supreme Court clarifies that mere cooperative membership or past affiliation does not prove graft under the Anti-Graft Law.

SK Official Removal: Who Has the Power to Oust Youth Leaders

The Supreme Court clarifies which bodies can remove SK Federation Presidents and SK Chairpersons, and the due process required.

Dacion en Pago: How to Properly Extinguish Loan Obligations in the Philippines

Philippine Supreme Court explains how dacion en pago works, when loan obligations are extinguished, and the pitfalls lenders must avoid.

Loan Agreements and Dacion en Pago: Key Insights from a Landmark Philippine Supreme Court Ruling

The Supreme Court clarifies when a loan settlement agreement becomes a dacion en pago and what it means for borrowers and banks.

Attorney's Fees in Property Disputes: Lessons from the Supreme Court's Aquino v. Domingo Ruling

The Supreme Court clarifies how lawyers may recover contingent fees in agrarian property cases when no written contract exists.

Habitual Tardiness in Philippine Government Service: When Is It a Light Offense?

The Supreme Court clarifies when habitual tardiness is a light offense, not a grave one, in a 2021 ruling.

Constructive Dismissal: When Management Prerogative Crosses the Line

Learn when employer actions amount to constructive dismissal and when they are valid management prerogative, based on a Philippine Supreme Court ruling.

Rehabilitation Courts and Tax Disputes: The Power to Resolve Claims Tied to the Rehabilitation Plan

The Supreme Court clarifies when a rehabilitation court may resolve claims involving local tax disputes, distinguishing incidental claims from those requiring separate actions.

When Can Employers Fire for Loss of Trust? Key Accounts Manager Case Explained

Supreme Court clarifies when loss of trust and confidence justifies dismissal of a Key Accounts Manager who falsified documents.

Billboard Regulations in the Philippines: Permits, Due Process, and the Power Ads Ruling

Learn the legal rules for billboard permits in the Philippines, including the Power Ads case and the due process protections for advertisers.

Budget Augmentation Rules: When Government Funds Cannot Be Realigned

The Supreme Court clarifies when agencies may augment budgets from savings, and when officers must refund disallowed amounts.

Understanding Refund Obligations for Illegally Disbursed Government Benefits in the Philippines

The Supreme Court clarifies when government employees must refund disallowed benefits, applying the Madera rules on return.

Crossed Checks as Proof of Debt: A Landmark Philippine Supreme Court Ruling

The Supreme Court ruled that crossed checks issued to a named payee are strong evidence of debt, reversing the Court of Appeals.