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 4970 of 70 articles for questions of law

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.

Gross Receipts vs. Gross Revenue: The Tax Base for Contractors in the Philippines

The Supreme Court clarifies that local business tax on contractors is based on gross receipts, not gross revenue.

Amending Complaints: Balancing Procedural Rules and the Pursuit of Justice in the Philippines

Explore how Philippine courts balance strict procedural rules with substantive justice, as shown in Ogalisco v. Holy Trinity College.

Finality vs Appeal: When an Unreadable Decision Tolls the Appeal Period

The Supreme Court clarifies when an unreadable court decision interrupts the appeal period, balancing procedural rules against substantial justice.

Prescription in Mortgage Foreclosure: When the Clock Starts Ticking in the Philippines

Philippine Supreme Court clarifies that the 10-year prescriptive period for mortgage foreclosure runs from default, not from the mortgage date.

Preliminary Investigation Rights and the Definition of Rape: Key Lessons from De Castro

Learn when the right to preliminary investigation is waived and why finger insertion constitutes rape through sexual assault under Philippine law.

Exhausting Administrative Remedies with the COA: A Prerequisite for Money Claims Against Government Agencies

Philippine Supreme Court ruling clarifies that money claims against government agencies must first be filed with the COA before going to court.

Real Property Tax Exemption for Telecoms: Understanding Franchise Rights in the Philippines

Learn how the Supreme Court ruled on Bayantel's real property tax exemption under its legislative franchise, and what this means for telecom companies.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

Estafa Through Misappropriation: Liability Even Without Direct Handling of Property

Supreme Court clarifies that estafa under Article 315(1)(b) can arise even when property is received by an employee, not the accused directly.

The Ripple Effect: How Prior Court Rulings Bind Future Cases Involving Similar Facts

A Supreme Court ruling on the Pepsi promotion. Although the petitioners were not parties to earlier lawsuits over the same contest, the Court held that their claims were barred by the doctrine of *sta

Emancipation Patent Cancellation: Land Cultivation and Tenant Rights Under Agrarian Reform

Supreme Court ruling on when an emancipation patent can be cancelled for violating agrarian reform rules on personal cultivation and tenancy.

Forum Shopping and Appeal Jurisdiction: Traverse Development Corp. v. DBP

When a dismissal order raises only legal questions, appeal lies with the Supreme Court, not the Court of Appeals.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Appeal vs Certiorari: Choosing the Right Path for Legal Recourse in the Philippines

Learn when to file an appeal versus a certiorari petition under Philippine law, explained through the Supreme Court's ruling in Andalis v. Court of Appeals.

Carnapping Conviction Affirmed: Penalties and Procedural Rules Under RA 6538

Learn how the Supreme Court clarified carnapping penalties and appeal rules in Mercado v. People, including key procedural takeaways.

Double Jeopardy Shield: Why the Prosecution Can't Appeal for Harsher Penalties

Learn how the double jeopardy rule protects accused persons from repeated prosecutions and why the prosecution cannot appeal to increase penalties.

Finality Prevails: Reopening a BP 22 Case After Judgment

A Supreme Court ruling explains why a final BP 22 conviction cannot be reopened through a belated new trial motion or petition for relief.

Navigating Inheritance for Distant Relatives in the Philippines: Understanding the Rule of Proximity

Learn how Philippine intestate succession works for distant relatives, including the rule of proximity and who inherits when no immediate family exists.

Lost Your Appeal Understanding Certiorari AND Final Judgments IN Philippine Courts

Learn how Philippine courts treat petitions for review on certiorari, final judgments, and due process in administrative proceedings.

Cashier Negligence and Liability: Safeguarding Public Funds in the Philippines

Philippine Supreme Court ruling on cashier negligence and accountability for lost public funds, with rules on safekeeping and COA relief.