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 376 articles for procedure

Omission of Drug Quantity in Information: Can Conviction Still Stand?

The Supreme Court clarifies when an Information's failure to state drug quantity affects conviction and penalty in drug cases.

Reconstitution of Lost Land Titles: Strict Rules Under RA 26 Explained

Lost your Torrens title? Judicial reconstitution demands strict compliance with RA 26. Learn the rules, evidence, and burden of proof.

Expropriation Voided: Olongapo's Failure to Make a Valid Offer and Grant Due Process

Supreme Court voids Olongapo's expropriation of Jose Co Lee's property for lack of a valid offer and due process, reaffirming safeguards for property owners.

Derivative Works and Copyright Ownership in the Philippines: The Tupaz Case

The Tupaz case clarifies Philippine law on derivative works, copyright ownership, and the idea/expression dichotomy in collaborative designs.

Nuisance Per Se and Local Police Power: The Biñan Hog Farm Ordinance Ruling

The Supreme Court upheld Biñan's ordinance phasing out large hog farms near homes, treating foul odors as a nuisance per se abatable through local police power.

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Navigating Estate Settlements: Understanding the Limits of Intervention in Probate Proceedings

Learn when courts allow intervention in probate cases, the legal standards applied, and practical tips for protecting estate interests.

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution

Supreme Court acquits public official of SALN violation, ruling that the review and compliance procedure under RA 6713 must precede prosecution.

Executive Privilege vs Legislative Oversight: The Senate v. Medialdea Ruling

The Supreme Court dismissed the Senate's petition against the October 2021 Memorandum barring executive officials from Blue Ribbon hearings, citing premature filing.

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.

Land Registration Reopened: New Evidence and RA 11573 Can Overcome Res Judicata

The Supreme Court allows previously denied land registration applications to proceed under RA 11573, easing proof requirements and overcoming res judicata.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Graft Acquittal: Why Procurement Lapses Alone Do Not Prove Corruption

Supreme Court acquits municipal officials of graft despite procurement lapses, clarifying the strict proof required under Section 3(e) of RA 3019.

Lifting of Mining Closure Orders Revives Writ of Kalikasan Petitions

Supreme Court rules that lifting DENR closure orders revives environmental claims, keeping Writ of Kalikasan petitions alive.

Motion to Quash in Estafa Cases: Grounds, Waiver, and Double Jeopardy Explained

Learn the procedural rules on motion to quash in estafa cases, including waiver of grounds and double jeopardy, from a recent Supreme Court ruling.

Police Blotter Duties Clarified: Valderas v. Sulse on Neglect of Duty

Supreme Court clarifies police blotter scope and simple neglect of duty in Valderas v. Sulse, protecting officers from baseless administrative cases.

Philippine Airlines v. Yañez: When Workplace Conduct Warrants Disciplinary Action

The Supreme Court clarifies when employers may discipline employees for creating a hostile work environment, even absent explicit sexual demands.

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.

DOSRI Violations in Philippine Banking: Lessons from Apolinario v. People

The Supreme Court's ruling in Apolinario v. People clarifies DOSRI rules, insider lending limits, and director liability in Philippine banking.

When Filing Two Property Lawsuits Is Not Forum Shopping: The Hocorma Ruling

The Supreme Court clarifies when filing both an ejectment case and a collection suit over the same property does not constitute forum shopping.

Malversation and Falsification: What the Cabarios Acquittal Means for Public Officials

The Supreme Court's Cabarios ruling clarifies the proof needed to convict public officials of malversation and falsification of public documents.

Res Judicata and Foreign Judgments: What Property Disputes Teach Us About Finality

Philippine courts won't take judicial notice of foreign judgments. Learn the rules on res judicata, litis pendentia, and proof of foreign pleadings.