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 787 articles for taking

When Negligence Isnt Gross Understanding Illegal Dismissal IN THE Philippines

Philippine Supreme Court clarifies when employee negligence is not "gross" enough to justify dismissal under the Labor Code.

Intent Is Key: Understanding Kidnapping Laws in the Philippines and Deprivation of Liberty

Learn how Philippine courts determine intent in kidnapping cases, based on a Supreme Court ruling on a child abduction case.

Collation in Philippine Inheritance Law: When Lifetime Transfers Are Included in Estate Division

Learn when lifetime transfers must be included in estate division under Philippine inheritance law, based on Supreme Court rulings on collation.

Novation Is Not a Get-Out-of-Jail Free Card: Understanding Estafa and Criminal Liability in Philippine Law

Philippine Supreme Court clarifies when novation can extinguish criminal liability in estafa cases, and when it cannot.

Proportionality in Employee Discipline: When Dismissal Is Too Harsh in the Philippines

Philippine labor law requires penalties to fit the offense. Learn when dismissal is disproportionate and how the Supreme Court applies this rule.

Upholding Moral Standards Teacher Dismissal FOR Immorality IN Philippine Schools

Explore the Supreme Court's ruling on dismissing teachers for immoral conduct and the legal standards for moral fitness in Philippine education.

Meal Breaks Outside Company Premises Do Not Constitute Abandonment of Post

Philippine Airlines v. NLRC clarifies that employees may take meal breaks outside company premises without being guilty of abandonment of post.

Conspiracy in Philippine Criminal Law: Establishing Indispensable Cooperation

Learn how Philippine courts establish conspiracy in criminal cases, using the 1999 rape decision in People v. Banela as a guide.

Fatal Flaws in Appeals: Why Strict Procedural Compliance Is Non-Negotiable in Philippine Courts

A missed signature and an uncertified document cost these litigants their appeal. Learn the strict rules for Philippine appellate filings.

Writ of Possession in Eminent Domain: Why Immediate Government Possession Is Key

Learn how the Supreme Court ruled that courts must issue writs of possession promptly in expropriation cases under, even if the government already occupies the property.

Reinstatement or Separation Pay: Understanding Illegal Dismissal Remedies in the Philippines

Learn how Philippine courts decide between reinstatement and separation pay in illegal dismissal cases, using a 1998 Supreme Court ruling.

Lascivious Conduct Under RA 7610: What People v. Larin Teaches About Child Protection

Understand lascivious conduct under RA 7610 through People v. Larin, and how Philippine law protects children from sexual abuse.

Project Employee Rights Understanding Illegal Dismissal IN Philippine Labor LAW

Learn how the Supreme Court protects project employees from illegal dismissal under Philippine labor law, including rules on termination and remedies.

Proving Overtime in Philippine Labor Cases: Why Daily Time Records Matter and When They Don't

Daily time records aren't always conclusive in overtime claims. Learn when Philippine courts disregard them and how the doubt rule favors employees.

Floating Status or Illegal Dismissal: Security Guard Rights in the Philippines

When does a security guard's off-detail become illegal dismissal? The Supreme Court explains the six-month floating status rule and employee rights.

Robbery vs. Highway Robbery in the Philippines: Key Distinctions Explained

Philippine law distinguishes simple robbery from highway robbery under P.D. 532. Learn how the Supreme Court clarified this crucial difference.

Employer Liability in Labor-Only Contracting: Lessons from NPC v. PHESCO

When is a principal liable for torts of a labor-only contractor's employee? The Supreme Court explains in NPC v. PHESCO.

Philippine Drug Case Conspiracy When Presence Equals Guilt

Supreme Court explains how mere presence at a drug sale can prove conspiracy and lead to conviction as a principal.

Credibility of Child Rape Victims: Why Trial Court Observations Matter in Philippine Rape Cases

The Supreme Court affirms that a rape victim's credible testimony alone can sustain a conviction, and explains conspiracy in robbery with rape.

When Private Immorality Leads to Public Disbarment: Understanding Lawyer Ethics in the Philippines

A Supreme Court ruling shows how a lawyer's private misconduct—abandoning his family—can lead to disbarment.

Navigating PD 1818: When Philippine Courts Cannot Halt Infrastructure Projects

The Supreme Court clarifies the scope of PD 1818, which bars courts from enjoining government infrastructure projects, in Garcia v. Burgos.

Executive Orders vs Agency Circulars: Navigating Pilotage Fee Regulations in the Philippines

When an executive issuance and agency circulars conflict over pilotage fees, which prevails? The Supreme Court settles the hierarchy.

Writ of Possession in Expropriation: When Demolition Is Implied | Philippine Law

In expropriation cases, a writ of possession can include the power to demolish structures. Learn the rule from Knecht v. Desierto.

Eyewitness Identification and Conspiracy in Robbery With Homicide: People v. Caisip

How Philippine courts weigh eyewitness testimony, alibi, and treachery in murder cases, explained through People v. Caisip.