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 113 articles for mining

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Relocation Surveys in Land Disputes: Why Precise Boundaries Matter

When land titles conflict, courts order relocation surveys to settle boundary disputes. Learn the rules and practical lessons.

Estafa Acquittal: When Lack of Proof of Deceit and Reliance Wins the Case

A look at Ison v. People, where the Supreme Court acquitted an accused of estafa for failure to prove deceit and reliance beyond reasonable doubt.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

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.

No-Build Zones and National Permits: What Aquino v. Malay Means for Developers

The Supreme Court ruled that a DENR permit does not override local no-build zone ordinances. Here's what developers must know.

Pre-Trial Representation: When a Special Power of Attorney Is Required

Learn why the Supreme Court requires a Special Power of Attorney for pre-trial representation, and how lacking one can lead to default.

Vehicle Accidents and Utility Posts: Liability Under Philippine Law

Learn how Philippine courts determine liability when a vehicle damages utility infrastructure, including negligence, vicarious liability, and damages.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

Venue in Civil Cases: Real Party in Interest's Residence Governs, Even for Plaintiffs Abroad

Philippine venue rules: when a plaintiff resides abroad, the case must be filed where the defendant resides—not where the attorney-in-fact lives.

Refusal to Obey and Dismissal: Lessons from Realda v. New Age Graphics

When can an employer fire a worker for refusing overtime? The Realda case explains just cause, due process, and nominal damages.

Breach of Contract in Construction: Completion, Damages, and Mutual Breach Under Philippine Law

When both contractor and client breach a construction contract, Philippine courts equitably adjust damages. Learn the rules from a Supreme Court ruling.

Employer’s Subsidiary Liability for Employee Crimes: The Calang Ruling

Employers are only subsidiarily liable for employees’ criminal acts. The Calang ruling explains when and how this liability applies.

Managerial Employees and Overtime Pay in the Philippines: The Clientlogic Case

Who counts as a managerial employee exempt from overtime pay? The Supreme Court's Clientlogic ruling clarifies the test.

Unmarried Couples and Property Rights in the Philippines: Proving Co-Ownership

Unmarried couples in the Philippines must prove actual joint contribution to co-own property. Learn the rules from Lacbayan v. Samoy.

Incomplete Witness Testimony: When Death Before Cross-Examination Makes Evidence Inadmissible

Philippine courts generally strike out a witness's direct testimony if the opposing party never gets to cross-examine. Dela Cruz v. Papa explains why.

Zonal Valuation vs. Actual Use: What Governs CGT and DST on Property Sales

The Supreme Court rules that existing zonal valuations, not actual property use, govern capital gains tax and documentary stamp tax computations.

Death of the Accused Pending Appeal: What Happens to Criminal and Civil Liability

When an accused dies pending appeal, criminal liability and civil liability ex delicto are extinguished. Learn the rules from People v. Ayochok.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Search Warrants for LPG Cylinder Misuse: Probable Cause Standards Under R.A. 623

Supreme Court ruling clarifies probable cause for search warrants involving unauthorized LPG cylinder use under R.A. 623, as amended.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Disbarred Lawyer's Continued Practice: Indirect Contempt and the Supreme Court's Warning

The Supreme Court held a disbarred lawyer in indirect contempt for continuing to practice law, underscoring the permanence of disbarment and the judiciary's authority.