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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 8473–8496 of 25,409 articles

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

Tax Treaty Benefits: Prior Application Not Always Required for Refunds

Philippine Supreme Court ruling clarifies when tax treaty benefits can be claimed without prior application, impacting refund claims.

Fraternity Violence and Eyewitness Identification: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld convictions for fraternity violence based on positive eyewitness identification despite masks and chaotic circumstances.

Estafa and Inflation: Supreme Court on Disproportionate Penalties in Property Crimes

The Supreme Court explains why courts cannot adjust estafa penalties for inflation and what Article 5 of the Revised Penal Code requires instead.

Backwages and Retirement: When Prior Court Decisions Can Be Reopened

A look at Ondevilla v. Colegio de San Juan de Letran on illegal dismissal, retirement age, and finality of judgments.

Lawyer's Disbarment Upheld, Fines Imposed for Disrespect and Noncompliance

Supreme Court fines disbarred lawyer P155,000 for disrespecting court personnel and defying IBP directives, clarifying accountability under CPRA.

Falsification of Public Documents: Balancing Expert Testimony and Due Process

A Supreme Court ruling clarifies how NBI expert reports and due process rights interact in falsification preliminary investigations.

Revoking Contracts Baguio Citys Parking Dispute AND THE Limits OF Local Authority

The Supreme Court rules on contract revocation, local government authority, and contempt in the Jadewell parking dispute.

Accidental Injury at Sea: Defining "Accident" for Seafarer Disability Claims

When is a seafarer's injury an "accident" for CBA disability benefits? The Supreme Court clarifies in Sunga v. Virjen Shipping.

Finality of Judgment and the Fresh Period Rule: Timely Appeals in Philippine Civil Procedure

Learn how the Supreme Court applied the fresh period rule and finality of judgment principles in Eserjose v. Allied Banking Corporation.

Drug Testing Policies Balancing Employer Rights AND Employee Protection IN THE Workplace

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Double Sale Doctrine: Prior Registration Determines Land Ownership

When two buyers claim the same land from different sellers, prior registration of title prevails. Learn from a 2014 Supreme Court ruling.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

When a Later Title Loses: Prior Registration and Good Faith in Philippine Land Disputes

The Supreme Court clarifies that earlier certificates of title prevail over later ones, and buyers cannot claim good faith when the title itself bears notice of a prior sale.

Protecting Children Defining THE Scope OF Step Parental Liability IN Sexual Abuse Cases

Sharia Court Jurisdiction Limited to Cases Involving Only Muslim Parties in Real Actions

Philippine Supreme Court clarifies Sharia District Court jurisdiction: real actions require all parties to be Muslims, voiding proceedings otherwise.

Nepotism in Government: Abstention Does Not Cure Illegality

The Supreme Court rules that a government official's abstention from voting does not cure the nepotistic character of a relative's appointment.

Can a Certificate of Candidacy Be Cancelled After Election Day? Residency Rules for Local Elections

The Supreme Court explains when a certificate of candidacy may be cancelled after election day, focusing on false residency declarations.

Local Government Powers: Balancing Reorganization and Prohibited Retirement Benefits

Supreme Court clarifies when local government early retirement programs are valid versus prohibited supplementary retirement schemes under Philippine law.

Probationary Employment: When a Job Description Can Define Clear Regularization Standards

Philippine Supreme Court clarifies when a job description and duties suffice as reasonable standards for probationary employee regularization and dismissal.

Seafarers Disability: Prolonged Incapacity Trumps Fit-to-Work Certification

A company doctor's fit-to-work certification does not defeat a seafarer's permanent total disability claim when incapacity exceeds 120 days.

Chain of Custody and Drug Evidence Admissibility in Philippine Law

The Supreme Court acquits a drug suspect over broken chain of custody—explaining marking, inventory, and photo requirements under RA 9165.

Self Defense Under Scrutiny: Establishing Credible Threat in Homicide Cases

Philippine Supreme Court clarifies when self-defense claims fail in homicide cases, requiring credible threat and unlawful aggression.