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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 8689–8712 of 25,409 articles

Self-Defense and Unlawful Aggression: Establishing the Boundaries in Philippine Law

The Supreme Court clarifies when self-defense applies in Philippine law, emphasizing that unlawful aggression must be actual and imminent, not merely threatened.

Premature Filing of Tax Refund Claims: Strict Compliance with the 120-Day Rule

The Supreme Court clarifies that taxpayers must wait for the 120-day period before filing judicial claims for VAT refunds.

Land Registration: Proving Alienable and Disposable Status of Public Land

Philippine Supreme Court clarifies what evidence proves land is alienable and disposable for registration under PD 1529.

Defining Corporate Officers Jurisdiction IN Illegal Dismissal Cases

The Supreme Court clarifies when a corporate officer is a regular employee entitled to security of tenure and the due process requirements in termination.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Treachery Defined: Ensuring Justice for Victims of Calculated Attacks in the Philippines

The Supreme Court clarifies treachery as a qualifying circumstance in murder, ensuring calculated attacks receive just punishment.

CTA Jurisdiction Over Local Tax Disputes: The City of Manila v. Grecia-Cuerdo Ruling

The Supreme Court clarifies that the Court of Tax Appeals has jurisdiction over certiorari petitions questioning RTC interlocutory orders in local tax cases.

Breach of Public Trust Dismissal for Court Employee Defrauding Litigant

Court stenographer dismissed for grave misconduct after soliciting P65,000 from a litigant by falsely promising to fast-track an adoption petition.

Enforced Disappearance and the Writ of Amparo: Balancing Rights and Remedies

The Burgos case shows how the writ of amparo protects victims of enforced disappearance and holds state agents accountable.

Navigating Unofficial Ties: When COA Can Audit MECO Funds Under the One China Policy

A 2014 Supreme Court ruling clarifies MECO's status and when the Commission on Audit may examine its funds.

Regulating Real Estate Professional Standards AND Property Rights IN THE Philippines

The Supreme Court upheld the Real Estate Service Act's licensing rules for developers, balancing professional standards with property rights.

When Church Approval Is Key: Validity of Property Sales by Religious Corporations

Supreme Court rules on when a religious corporation's property sale is unenforceable without required church approvals, citing the Corporation Code.

Disbarred Lawyer's Finality Defense Fails: Contempt and Execution in Bihag v. Era

Supreme Court denies disbarred lawyer's bid to reopen final judgment, cites contempt and orders execution of PHP 4.1M restitution.

Certiorari Deadlines: No Extensions Without Compelling Reasons in the Philippines

Learn the strict rule on certiorari deadlines under Rule 45, including when extensions may be granted and the limits of court discretion.

Chain of Custody in Drug Cases: Why Marking Seized Items Immediately Matters

The Supreme Court acquits a drug possessor due to broken chain of custody, emphasizing the critical importance of immediate marking of seized items.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

Learn how the Supreme Court's chain of custody rule protects accused persons from planted evidence in Philippine drug cases.

Unfair Competition Probable Cause: Supreme Court on Counterfeit Goods Evidence

Supreme Court rules on probable cause for unfair competition under the Intellectual Property Code, reversing dismissal of counterfeit goods case.

Protecting the Vulnerable: Statutory Rape and Sexual Assault in the Philippines

The Supreme Court affirms the conviction of a man for statutory rape and sexual assault against a six-year-old child, clarifying key legal principles.

Misconduct and Separation Pay: When Is an Employee Entitled to Separation Pay

The Supreme Court clarifies when a dismissed employee may still receive separation pay, and why theft bars such an award.

When Can a Party Be Held Liable for Another Person's Debt? A Philippine Supreme Court Guide

Philippine Supreme Court clarifies when a person may be held liable for another's debt under Article 1311 of the Civil Code.

Breach OF Trust Disbarment FOR Attorneys Dishonest Dealings With Clients

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Ground for Dismissal

Court employee dismissed for habitual tardiness and absenteeism. Learn the rules on punctuality and public trust in the Judiciary.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Rape Conviction Upheld: Victim’s Credibility and the Weight of Positive Identification

The Supreme Court affirms a rape conviction, detailing how a victim's credible testimony and positive identification outweigh denial and alibi defenses.