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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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Showing 697–720 of 24,850 articles

SALN Errors and Government Access: When the Ombudsman Cannot Prosecute

The Supreme Court clarifies that government agencies must follow the mandatory SALN review procedure before prosecuting public officials for omissions.

Judicial Misconduct: When a Court Employee's Conviction for BP 22 Means Forfeiture of Benefits

The Supreme Court clarifies when a court employee's conviction for a crime involving moral turpitude, like BP 22 violations, leads to dismissal and forfeiture of retirement benefits.

SALN Compliance: Government Must Notify Officials and Allow Correction Before Penalties

The Supreme Court clarifies that government agencies must follow the mandatory review and compliance procedure before penalizing officials for SALN errors or omissions.

Moral Turpitude and Public Service: The Consequences of Dishonored Checks

A court clerk's conviction for three counts of BP 22 violations leads to forfeiture of benefits and perpetual disqualification from government service.

SALN Compliance: Government’s Duty to Notify and Consequences of Non-Compliance

The Supreme Court clarifies that government agencies must follow the mandatory review and compliance procedure before penalizing officials for SALN errors or omissions.

Forum Shopping Dismissal of Claims and Preservation of Judicial Integrity

The Supreme Court clarifies when filing multiple suits amounts to deliberate forum shopping and results in dismissal with prejudice.

Plea Bargaining in Drug Cases: Can a Judge Overrule the Prosecution?

The Supreme Court clarifies when trial courts may accept plea bargains in drug cases even over the prosecution's objection.

Supreme Court on Plea Bargaining: Courts May Overrule Prosecution's Objection in Drug Cases

The Supreme Court clarifies when trial courts can allow plea bargaining in drug cases despite prosecution objections, citing People v. Montierro.

Concurrent Jurisdiction: PEMC Authority to Investigate WESM Rule Breaches

Supreme Court affirms PEMC's concurrent power with ERC to investigate and sanction WESM rule breaches by market participants.

Concurrent Authority Investigating Energy Market Breaches in the Philippines

The Supreme Court clarifies that PEMC and ERC share concurrent power to investigate WESM rule breaches, resolving a jurisdictional dispute.

When a MOA Becomes a Binding Contract: Lessons from a Property Sale Dispute

A Supreme Court ruling clarifies when a Memorandum of Agreement becomes a binding contract of sale, and why parties cannot later disavow it.

Retrenchment in the Philippines: Proving Business Losses Under Article 298

Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.

Unlocking VAT Refunds for Zero-Rated Sales: The Attributability Requirement in Philippine Tax Law

The Supreme Court clarifies that input VAT need not be directly and entirely attributable to zero-rated sales for refund claims, easing the path for VAT-registered taxpayers.

When Can a Writ of Possession Be Challenged? Supreme Court Clarifies

The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.

Workplace Sexual Harassment: Defining Boundaries and Protecting Employees in the Philippines

Supreme Court suspends lawyer for two years over workplace sexual harassment of a junior associate, clarifying professional boundaries.

Reviving Justice: How Refiling a Quasi-Delict Complaint Overcomes Prescription

A Supreme Court ruling clarifies summons service, real party in interest, and prescription in refiled quasi-delict cases.

Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Crimes

The Supreme Court clarifies when fake overseas job offers constitute illegal recruitment and estafa, and explains the penalties under Philippine law.

Retroactivity of Tax Rulings Clarifying Documentary Stamp Tax on Intercompany Advances

Supreme Court clarifies when tax rulings apply retroactively, affecting documentary stamp tax on intercompany advances and refund claims.

Anti-Trafficking Law: Deception and Exploitation Define Human Trafficking

The Supreme Court explains how deception and exploitation of vulnerability constitute human trafficking under RA 9208, as amended.

Hot Pursuit Arrests: When Is a Warrant Required in the Philippines

The Supreme Court explains the limits of warrantless hot pursuit arrests and the chain of custody rule for seized drugs.

Direct Assault vs Resistance: Understanding the Nuances in Philippine Law

The Supreme Court clarifies when physical force against police officers amounts to direct assault or only resistance and disobedience under Philippine law.

Reasonable Doubt and Identification: Protecting the Accused in Philippine Rape Cases

The Supreme Court acquits a rape accused when flawed identification and danger signals create reasonable doubt, reinforcing the presumption of innocence.

Reconstitution of Lost Land Titles: Register of Deeds' Duty Under RA 26

When registry records go missing, who must reconstitute your land title? The Supreme Court clarifies the Register of Deeds' duty under RA 26.

Copyright Assignment and Forgery: What the Supreme Court Ruled

A forged Deed of Assignment does not transfer copyright ownership, and using the work anyway can lead to infringement liability.