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 721744 of 2,871 articles for sec

When an Implied Lease Renewal Does Not Revive a Right of First Refusal

Philippine Supreme Court explains why an implied lease renewal does not automatically revive a lessee's right of first refusal.

Timely Filing of Motions: Why Service on Counsel Matters in Philippine Courts

Learn how the Supreme Court clarified that notice to counsel, not the party, determines the timeliness of motions in Philippine litigation.

Consent in Contracts: Supreme Court Voids Mortgage for Lack of Genuine Agreement

Supreme Court voids mortgage where a bank misled an elderly woman into signing a loan document she believed was a mere guarantee.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Prior Physical Possession in Forcible Entry: The Madayag Ruling Explained

The Supreme Court clarifies that prior physical possession in forcible entry cases can be established through juridical acts, not just actual occupation.

Understanding Misconduct and the Condonation Doctrine in Philippine Local Government

A Supreme Court case study on administrative misconduct and the condonation doctrine in Philippine local government.

When a Lawyer’s Suspension Does Not End Automatically: Compliance and Court Orders

A lawyer’s suspension is not automatically lifted when the period ends. The Court must first issue an order lifting it.

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Laches in Philippine Law: How Delay Can Bar Your Legal Claims

Learn how the doctrine of laches can bar legal claims in the Philippines, even before the prescriptive period expires, through the Supreme Court's ruling in Ang v. Abaldonado.

Child Abuse Under RA 7610: Intent as the Key Element

The Supreme Court clarifies that intent to debase or degrade is essential to prove child abuse under RA 7610.

Presence During Hazing as Prima Facie Evidence: The Supreme Court's Ruling on the Anti-Hazing Law

The Supreme Court upheld the Anti-Hazing Law's presumption that presence during hazing is prima facie evidence of participation as a principal.

Unconscionable Interest Rates: When 5% Monthly Loan Interest Is Void in the Philippines

Philippine courts void unconscionable loan interest rates even if borrowers agreed to them. Learn the rules, the legal interest substitute, and foreclosure effects.

Judges and Lawyers Face Discipline for Extramarital Affairs: The Aranas Case

The Supreme Court dismissed a judge and suspended him from law practice for gross immorality arising from an extramarital affair.

Unlawful Detainer: Proving Prior Possession in Land Disputes

The Supreme Court clarifies how prior physical possession is proven in unlawful detainer cases, using judicial admissions and documentary evidence.

When a Transfer Is Not Constructive Dismissal: Management Prerogative in Labor Cases

The Supreme Court clarifies when an employee transfer is a valid exercise of management prerogative and not constructive dismissal.

Relaxation of Procedural Rules Ensures Substantial Justice Prevails Over Technicalities in Certiorari Petition

Supreme Court relaxes procedural rules to resolve merits of case involving memorial lot purchase, affirming RTC decision annulling contract.

Malicious Mischief in Property Disputes: What the Supreme Court Said

The Supreme Court clarifies when destroying property in a dispute becomes malicious mischief, and why claims of ownership do not justify taking the law into one's own hands.

Usurpation of Authority: Delineating Official Functions and Good Faith in Public Office

The Supreme Court clarifies the meaning of "forthwith" in impeachment proceedings, emphasizing the Senate's discretion in preparing for trial and the limits of judicial intervention.

Treachery in Philippine Criminal Law: When a Sudden Attack Is Not Murder

The Supreme Court clarifies that treachery cannot be presumed from suddenness alone, reducing a murder conviction to homicide in People v. Bulutano.

Falsification vs Estafa: Identifying the True Crime in Fraudulent Schemes

The Supreme Court clarifies when falsification of a private document, not estafa, is the proper charge in fraud cases.

Conspiracy and Probable Cause: When Presence Alone Does Not Imply Guilt in Fraud Cases

Mere presence at a meeting does not prove conspiracy in estafa cases. The Supreme Court explains what evidence is needed.

Chain of Custody and Reasonable Doubt: Safeguarding Rights in Drug Cases

The Supreme Court acquits two accused in a drug case due to the police's failure to comply with Section 21 of RA 9165, emphasizing the importance of the chain of custody rule.

Local Fiscal Autonomy vs National Film Development: The Operative Fact Doctrine in Tax Cases

The Supreme Court balances local fiscal autonomy and national film development in the FDCP amusement tax case, applying the operative fact doctrine.

Sheriffs Must Give Due Notice Before Enforcing Writs of Execution

A sheriff who evicts a party without the required notice commits grave abuse of authority. Learn the rules on writ enforcement.