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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 793–816 of 1,984 articles for “sec”

Unlawful Drug Testing Protecting Constitutional Rights Against Unreasonable Intrusion

Buy-bust drug sale conviction upheld; the Court clarifies when non-compliance with Section 21 inventory rules is excusable.

Corporate Restructuring and Security of Tenure: Illegal Dismissal in Stock Sales

A look at how corporate restructuring and stock sales affect security of tenure, and when they constitute illegal dismissal under Philippine law.

Upholding Drug Convictions: Integrity of the Chain of Custody Under RA 9165

The Supreme Court affirms a drug sale conviction, explaining that minor deviations from Section 21 procedures do not automatically render seized drugs inadmissible.

Untimely Appeal: Why the Secretary of Labor Could Not Challenge a Reversal in Certification Election Cases

The Supreme Court denies the Secretary of Labor's appeal in certification election cases, ruling that quasi-judicial officers cannot question appellate reversals.

When Labor Officials Cannot Appeal: The Real Party-in-Interest Rule

A Supreme Court ruling clarifies that quasi-judicial officers like the Labor Secretary cannot appeal adverse appellate decisions, reinforcing judicial detachment.

Diabetes and Seafarers' Rights: When a Disability Claim Fails Under the POEA-SEC

Supreme Court explains when diabetes is not a compensable work-related illness for seafarers, and why the 120-day rule is not automatic.

Seafarer Disability Claims: The Role of Company-Designated Physicians and POEA-SEC Rules

Understand the Tagle v. Anglo-Eastern ruling on seafarer disability claims, company-designated physicians, and POEA-SEC grading rules.

Seafarers Disability Claims: Prematurity and the Burden of Proof in Tagle v. Anglo-Eastern

Explaining when a seafarer's disability claim is premature and who bears the burden of proving work-relatedness under the POEA-SEC.

Seafarers Rights Medical Expenses Are Separate From Disability Benefits

Supreme Court clarifies that medical expenses, sickness allowance, and disability benefits are separate liabilities under the POEA-SEC.

Presumption of Innocence Prevails: Reversal of Rape Conviction Due to Insufficient Evidence

Philippine Supreme Court acquits rape accused where prosecution evidence failed to overcome presumption of innocence, reaffirming proof beyond reasonable doubt standard.

Rheumatoid Arthritis and Seafarers' Rights: Proving Work-Related Illness for Disability Benefits

Understand how the Supreme Court ruled that a seafarer's rheumatoid arthritis can be compensable as a work-related illness under the POEA-SEC.

Unbroken Chain Upholding Convictions In Drug Cases Through Evidence Integrity

The Supreme Court affirms drug convictions, ruling that substantial compliance with Section 21, RA 9165 suffices when evidence integrity is preserved.

Bigamy and the Need for a Judicial Declaration of Nullity Before Remarriage

Philippine Supreme Court clarifies that contracting a second marriage without first securing a judicial declaration of nullity of the first constitutes bigamy.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

Philippine Supreme Court clarifies that police non-compliance with Section 21, RA 9165 chain of custody rules can defeat drug prosecutions.

Credibility of Child Testimony in Rape Cases: When Doubt Leads to Acquittal

The Supreme Court acquitted a rape accused due to reasonable doubt, examining how courts must scrutinize child testimony and prosecution evidence.

Security of Tenure vs Employer Prerogative: Lessons from Philippine Spring Water v. Mahilum

A look at how the Supreme Court balanced security of tenure against employer prerogative in a dismissal dispute involving a probationary executive.

Chain of Custody in Drug Cases: When Police Lapses Do Not Mean Acquittal

The Supreme Court explains when lapses in Section 21 procedures still allow conviction, so long as the drug's integrity is preserved.

VAT Refund Claims: Prescriptive Periods and Jurisdictional Requirements Explained

Learn the strict deadlines for VAT refund claims under Section 112 NIRC, including the 120+30 day rule and its exceptions.

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Electronic Fund Transfers and Documentary Stamp Tax: Navigating Tax Laws in the Digital Age

The Supreme Court ruled that electronic fund transfer instructions are not bills of exchange subject to documentary stamp tax under Section 181.

Seafarers' Rights: Implied Contract Extension and Disability Benefits

Philippine Supreme Court ruling on implied contract extension for seafarers and entitlement to permanent total disability benefits under POEA-SEC.

Checks and Balances: Authority and Liability in Loan Agreements

When a pre-signed blank check is used to secure a loan without the signer's authority, who bears liability? The Supreme Court clarifies.

Judicial Independence and the Court's Power to Review Probable Cause for Arrest

When can a judge dismiss a case for lack of probable cause despite the prosecutor's finding? The Supreme Court clarifies the limits of judicial review.

When Can a Judge Dismiss a Prosecutor's Case for Lack of Probable Cause?

The Supreme Court clarifies the boundary between a prosecutor's and a judge's power to determine probable cause in criminal cases.