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.
Unraveling Estafa: The Supreme Court's Stance on Misappropriation and Probable Cause
A look at Burgundy Realty v. Reyes, where the Supreme Court clarified the elements of estafa and the low bar for probable cause in preliminary investigations.
Redemption Rights Upheld: SSS Bound by Repurchase Agreement Despite Procedural Lapses
Supreme Court rules SSS must honor deed of conditional sale for foreclosed property, despite expired redemption period and internal procedural lapses.
Sheriffs' Duty of Timely Execution and Reporting: Lessons from Vicsal v. Dela Cruz-Buendia
A sheriff's failure to file timely returns and furnish parties copies constitutes simple neglect of duty, as ruled in Vicsal Development Corp. v. Dela Cruz-Buendia.
Prohibited Pleadings in Intra-Corporate Disputes: Dismissal Motions and Board Resolutions
Philippine Supreme Court clarifies that motions to dismiss are prohibited pleadings in intra-corporate disputes, even when backed by board resolutions.
Brokers Entitlement to Commission: The Efficient Procuring Cause in Real Estate Sales
Philippine Supreme Court ruling on when a real estate broker earns a commission, the efficient procuring cause rule, and written authority contracts.
Defining Capital: Filipino Control of Public Utilities Under the Constitution
The Supreme Court clarifies that mean in the Constitution's requirement that public utilities be at least 60% Filipino-owned? The answer—that "capital" refers to voting stock, not all outstanding shar
Perpetual Disqualification: How a Criminal Conviction Affects Candidacy in the Philippines
A criminal conviction can permanently bar a person from running for public office in the Philippines. Learn the rules on disqualification, substitution, and what voters should know.
Regular Employment vs Consultancy: Defining the Line in Illegal Dismissal Cases
A consultant labeled regular employee: how control and supervision define employment status in illegal dismissal cases under Philippine law.
Preventive Suspension Grounds: When Philippine Civil Servants Face Removal
Philippine Supreme Court clarifies when preventive suspension may validly issue against civil servants pending administrative investigation.
Presidential Control vs Agency Autonomy: Disallowed Incentive Awards Without Approval
When can the President override an agency's incentive program? The Supreme Court explains the limits of agency autonomy under presidential control.
Treachery Defined When A Defenseless Victim Becomes THE Target IN Murder Cases
When a victim is down and defenseless, the attack is treacherous. This case explains how Philippine courts define treachery in murder.
Untangling Time: When Does the Clock Start Ticking for Relief from Judgment?
Explaining the 60-day and 6-month periods for filing a petition for relief from judgment under Rule 38, as clarified by the Supreme Court in Commissioner of Internal Revenue v. Court of Tax Appeals an
When Multiple Shots Mean Separate Crimes: Murder and Attempted Murder in the Philippines
Philippine Supreme Court clarifies when a single ambush produces separate crimes of murder, frustrated murder, and attempted murder.
Supreme Court Acquits IMC General Manager But Affirms Convictions in P116M Graft Case
SC ruling clarifies evident bad faith in graft cases, acquitting an IMC official who relied on subordinates while affirming convictions of others.
Defining Attempted Rape: Proving Penile Penetration in Philippine Law
Philippine Supreme Court clarifies that consummated rape requires proof of penile penetration of the labia; mere touching may constitute only attempted rape.
Unlocking VAT Refunds: The Transitional Input Tax Credit Principle in Philippine Law
Philippine Supreme Court clarifies that prior tax payment is not required to claim the 8% transitional input tax credit under the NIRC.
POEA Jurisdiction Over Seafarer Disciplinary Cases: NLRC Has No Appellate Review
Supreme Court clarifies that appeals from POEA disciplinary action cases against seafarers go to the Labor Secretary, not the NLRC.
Due Process in Administrative Cases: When Formal Hearings Are Not Required
The Supreme Court clarifies that formal hearings are not always required in administrative cases, as long as the respondent is given an opportunity to be heard.
Due Process in Administrative Cases: When a Formal Hearing Is Not Required
The Supreme Court clarifies that due process in administrative cases does not always require a full formal hearing, as long as the respondent is given an opportunity to be heard.
Understanding Habitual Tardiness in Philippine Government Service: Rules and Consequences
A clear guide to the rules on habitual tardiness in Philippine government service, including the legal basis, penalties, and practical compliance tips.
Eminent Domain vs Easement: Just Compensation for Transmission Lines in the Philippines
Philippine Supreme Court clarifies when transmission line projects require full just compensation rather than mere easement fees.
EX Officio Roles and Compensation When Extra Pay Violates the Constitution
The Supreme Court upholds COA's disallowance of P5.45M in per diems paid to ex officio PEZA board members, citing the constitutional ban on additional compensation.
Church Disaffiliation and Corporate Rights: Balancing Religious Freedom and SEC Jurisdiction
A local church's right to disaffiliate from a national church body, and the SEC's jurisdiction over religious corporations, explained.
Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights
The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.