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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 8377–8400 of 25,409 articles

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.

Warrantless Arrest and Admissibility of Evidence: Safeguarding Rights in Drug Cases

The Supreme Court explains when a warrantless arrest is lawful and how evidence seized incident to that arrest remains admissible in drug cases.

Duress in Mortgage Contracts: Reasonable Fear and Legal Claims Under Philippine Law

Philippine Supreme Court clarifies when fear or duress voids a mortgage, and why threatening a legal claim does not vitiate consent.

Registered Owner Liability and Damages in Vehicular Accidents: Mendoza v. Gomez

A look at Mendoza v. Gomez on registered owner vicarious liability, proof of damages, and when moral damages are not recoverable.

Untimely Appeal Strict Deadlines For VAT Refund Claims In The Philippines

Philippine Supreme Court clarifies the mandatory 120-day and 30-day deadlines for VAT refund claims, including the exception for premature judicial filings.

Warrantless Searches Upholding Arrests AND Evidence Admissibility IN Drug Cases

When a warrantless arrest is lawful, a search incident to it is valid, and drugs seized are admissible in evidence.

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Rape Conviction Upheld: Child Witness Credibility and the Hymenal Laceration Myth

The Supreme Court affirms a grandfather's qualified rape conviction, holding that an intact hymen does not negate rape and that a child's credible testimony suffices.

Registered Vehicle Owners and Vicarious Liability: Negligence and Damages in Philippine Law

Learn when a registered vehicle owner is liable for a driver's negligence, and which damages Philippine courts may award.

Strict Compliance: The Mandatory Nature of VAT Refund Periods Under the NIRC

The Supreme Court rules that the 120+30 day periods for VAT refund claims are mandatory and jurisdictional, dismissing a belated judicial claim.

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer

A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.

Bidding Rules and Government's Right to Reject: Protecting Public Interest in Privatization

Supreme Court affirms government's right to reject bids in privatization auctions, protecting public interest over bidder expectations.

When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits

The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.

Ministerial Duty and Abuse of Authority: Understanding the Writ of Possession and Judicial Misconduct

A Supreme Court ruling clarifies when a writ of possession is ministerial, and when a judge's discretion becomes grave abuse of authority.

Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases

Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.

Spousal Support and Retirement Benefits: Protection Orders Under R.A. 9262

The Supreme Court rules that R.A. 9262 protection orders can compel the AFP to withhold retirement benefits for spousal support.

Damaged Goods Liability: Arrastre Negligence and Insurer Subrogation Rights

Explaining when arrastre operators are liable for damaged cargo, how insurers gain subrogation rights, and what evidence suffices in Philippine law.

Treachery Defined: The Element of Surprise in Murder Cases

The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying killings as murder under Philippine law.

Writ of Possession as Ministerial Duty: Court Ruling on Judicial Discretion and Liability

Supreme Court clarifies writ of possession is a ministerial duty, and judges who defer it may face administrative liability.

Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation

Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.

When Customs Seizure Needs a Warrant: Lessons from Commissioner of Customs v. New Frontier Sugar

The Supreme Court clarifies that even "automatic seizure" of imported goods requires a warrant and due process under the Tariff and Customs Code.

Final Judgments Must Stand: The Doctrine of Immutability and Compromise Agreements

A final judgment on a compromise agreement is immutable. The Supreme Court explains why parties cannot relitigate settled cases.

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.