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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Eminent Domain Revisited: When Expropriated Land Must Be Returned After Public Use Ceases

Philippine Supreme Court clarifies when former owners can reclaim expropriated property if the public purpose is abandoned or never pursued.

Streamlining Justice: When Ombudsman Orders Are Final and Unappealable

Learn when Ombudsman decisions become final and unappealable in administrative cases, and why the Supreme Court reversed the Court of Appeals.

Off-Line International Carriers Taxed at 32% on Philippine Income, SC Rules

SC clarifies off-line carriers selling tickets in PH pay 32% income tax, not 2.5% GPB rate; refund claim remanded.

Challenging Election Results: Strict Rules for Pre-Proclamation Controversies in the Philippines

Learn the strict rules for pre-proclamation controversies in Philippine election law, based on the Supreme Court's ruling in Saño v. COMELEC.

Priority of Land Titles: Tracing Back to Original Certificates of Title

When two Torrens titles cover the same land, the earlier one prevails. Tracing back to original certificates of title is key.

Moral Ascendancy in Rape Cases: The Duty of Care and Protection

Philippine Supreme Court ruling on how moral ascendancy substitutes for force in rape, and the duty of a mother's live-in partner.

Selling Subdivision Lots Without A License Hlurb Authority AND Criminal Liability Under PD 957

Philippine Supreme Court clarifies that selling subdivision lots without an HLURB license is a crime, and a later license does not erase liability.

Waiver by Acquiescence: The Perils of Delay in Lease Agreement Disputes

A Supreme Court ruling shows how failing to promptly contest a lease violation can waive contractual rights — a cautionary tale for landlords and tenants.

Intrafamilial Trust Betrayed Convicting A Father FOR Qualified Rape Despite Familial Proximity

The Supreme Court affirms a father's conviction for qualified rape of his minor daughter, ruling that familial proximity and the presence of sleeping relatives do not negate the crime.

Barangay Boundary Disputes: Why Cadastral Maps Beat Tax Records

In boundary disputes between barangays, the Supreme Court gives greater weight to cadastral maps approved by the Director of Lands than to tax declarations.

Prescription in Annulment Cases: When Does the Clock Start Ticking?

Philippine law on prescription periods for annulment of marriage explained, including when the prescriptive period begins and key rules.

Presidential Warranties vs. State Sovereignty: The PICOP Timber License Case

The Supreme Court ruled presidential warranties on timber licenses are not contracts, and state sovereignty over natural resources prevails.

Contempt of the COMELEC: The Scope of Its Quasi-Judicial Power Explained

The Supreme Court affirms COMELEC's power to cite for contempt even when acting through fact-finding task forces, clarifying the scope of its quasi-judicial authority.

Untangling Rescission: Prescription Periods in Philippine Property Sales

Philippine Supreme Court clarifies when the four-year prescriptive period for rescission of a sale starts, using the Quirong v. DBP case.

Custody Rights and the Child's Welfare: Reassessing Habeas Corpus in Family Disputes

The Supreme Court clarifies that habeas corpus in child custody cases aims to determine rightful custody, not just produce the child.

Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives

A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.

Habeas Corpus for Child Custody: What the Supreme Court Requires

The Supreme Court clarifies when habeas corpus applies to child custody disputes and why courts must hold a trial, not just produce the child.

Easement of Right of Way: Actual Knowledge Binds Even Without Registration

A registered owner cannot ignore an existing right of way he knows about, even if the easement is not annotated on the title.

Public Hearing Imperative Invalidating Ordinances Without Community Input

A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.

Gender Equality in Retirement: Challenging Discriminatory Collective Bargaining Agreements

When can a flight attendant challenge a discriminatory retirement age in court? The Supreme Court clarifies jurisdiction over CBA provisions.

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing

When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.

Proximate Cause and Criminal Liability for Unintended Death in the Philippines

When a beating triggers a fatal heart attack, is the attacker liable for homicide? The Supreme Court explains proximate cause under Article 4 of the Revised Penal Code.

Marital Cohabitation and Consensual Acts: Rape and Acts of Lasciviousness in Philippine Law

The Supreme Court clarifies when cohabitation does not imply consent, and how rape and acts of lasciviousness are distinguished in Philippine criminal law.