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 697720 of 2,607 articles for force

Reasonable Doubt in Drug and Firearm Cases: When Broken Chain of Custody Means Acquittal

The Supreme Court acquits a drug suspect when police break the chain of custody, safeguarding the constitutional right to be presumed innocent.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Third Doctor's Opinion Prevails in Seafarer Disability Claims: Clarifying Conflict Resolution Under POEA-SEC

Supreme Court clarifies that a seafarer's disability grade is determined by the company-designated physician's assessment, unless a third doctor's opinion is obtained.

Protecting Childhood Statutory Rape AND THE Irrelevance OF Consent

The Supreme Court affirms that in statutory rape, consent is irrelevant; mere touching of the labia by the penis constitutes carnal knowledge.

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Lawyers Barred From Lupon Proceedings: A Reminder on Barangay Justice Integrity

SC reprimands lawyer for appearing in barangay conciliation proceedings, affirming the mandatory ban on counsel under the Katarungang Pambarangay Law.

Barangay Dispute Resolution Lawyers Barred From Lupon Appearances

The Supreme Court clarifies that lawyers cannot appear before the Lupon Tagapamayapa, preserving the informal, conciliatory character of barangay justice.

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.

Aider and Abettor Establishing Criminal Liability in Rape Cases Through Conspiracy

Philippine Supreme Court rules that a person who aids a rape by holding the victim's legs is equally guilty through conspiracy.

Prescription in Tax Assessment: Taxpayers' Right to a Timely Assessment

When does the BIR lose its right to assess taxes? The Supreme Court clarifies prescription rules and valid waivers in CIR v. BPI.

Chain of Custody in Drug Cases: Protecting Rights Through Strict Procedure

The Supreme Court acquits a drug suspect over police lapses in Section 21 procedure, reaffirming that strict compliance protects the innocent.

Divorce Abroad: A Filipino Spouse's Right to Remarry After a Foreign Divorce

The Supreme Court clarifies when a Filipino can remarry after a foreign divorce, even if the Filipino initiated the divorce proceedings abroad.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

The Supreme Court acquits a drug suspect when police fail to justify non-compliance with Section 21's chain of custody rule.

Unlawful Detainer Complaints: Why Alleging Tolerance Matters for Jurisdiction

The Supreme Court explains why an unlawful detainer complaint must allege initial lawful possession by tolerance—or the case fails for lack of jurisdiction.

Reasonable Doubt in Drug Cases: The Three-Witness Rule and Chain of Custody

Supreme Court acquits drug suspect over broken chain of custody and missing witnesses—explaining Section 21, RA 9165 requirements.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Breach of Trust Defining Qualified Rape in Familial Abuse Cases

A Supreme Court ruling clarifies when a father's rape of a minor daughter constitutes qualified rape, carrying the penalty of reclusion perpetua.

How Philippine Courts Assess Credibility and Consent in Rape Cases

A look at how the Supreme Court evaluates witness credibility, consent, and damages in rape convictions, using People v. Bugna.

Unregistered Real Estate Mortgages: Valid Between Parties Despite Formal Defects

Philippine Supreme Court clarifies that defective notarization or registration of a real estate mortgage does not invalidate it between the parties.

Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law

Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.

Notarial Duty and Identification Validity of Notarization Based on Laws at Time of Execution

Notaries must follow the identification rules in effect when the document is notarized, not later rules. The Supreme Court explains in this administrative case.

Accountability Prevails: Principals Liable for Homicide During Robbery Regardless of Direct Participation

Philippine Supreme Court clarifies that all participants in a robbery are liable for robbery with homicide even if they did not personally kill.

Chain of Custody Breach Leads to Acquittal in Drug Case: People v. Crispo

Explore how the Supreme Court acquitted a drug suspect due to unjustified lapses in the chain of custody rule under RA 9165.

Habitual Absenteeism in the Judiciary: Dismissal for Court Employee Who Abandoned Post

Supreme Court dismisses court interpreter for habitual absenteeism, forfeiting benefits and barring re-employment in government service.