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.

Showing 889912 of 10,940 articles for legal advice

Nuisance Candidates: Genuine Intention vs Political Viability in Philippine Elections

Supreme Court clarifies that lack of nationwide support or political machinery is not a ground to declare a candidate a nuisance under Section 69 of the Omnibus Election Code.

Executive Privilege vs Legislative Oversight: The Senate v. Medialdea Ruling

The Supreme Court dismissed the Senate's petition against the October 2021 Memorandum barring executive officials from Blue Ribbon hearings, citing premature filing.

When a Lawyer's Dual Clients Create a Conflict of Interest: Lessons from Marcelo-Salud v. Bolivar

A lawyer who represents tenants while also serving as counsel to the alleged property owner may face discipline for conflicting interests, even if the main complaint fails.

Extrinsic Fraud and Indispensable Parties: Protecting Property Rights in Philippine Law

A Supreme Court ruling on how failing to implead indispensable parties and extrinsic fraud can void a title.

Bidding Rights Prospective vs Actual Bidders and Preliminary Injunctions

Supreme Court clarifies that prospective bidders lack clear legal rights for preliminary injunctions in government procurement disputes.

Building in Bad Faith: When a Landowner's Silence Equals Consent

The Supreme Court clarifies when a landowner's silence and inaction can make them a builder in bad faith under Article 453 of the Civil Code.

Attorney Conflicts of Interest: When Dual Representation Violates Client Loyalty

Philippine Supreme Court clarifies when a lawyer's dual representation becomes a prohibited conflict of interest under Rule 15.03 of the CPR.

Disbarment for Deceitful Real Estate Dealings Using a Forged SPA

A lawyer who sold property using a forged special power of attorney was disbarred for violating the Code of Professional Responsibility.

Upholding Decorum: Court Employee Dismissed for Gross Misconduct and Insubordination

The Supreme Court dismissed a court stenographer for repeated gross misconduct and insubordination, underscoring strict decorum standards for judiciary personnel.

Prohibition Denied When Government Contracts Become Fait Accompli

Supreme Court rules prohibition cannot stop an already completed government contract, and clarifies legal standing rules for citizen suits.

Standby Letters of Credit vs Counter-Bonds: Safeguarding Preliminary Attachments in Philippine Litigation

A standby letter of credit cannot substitute a counter-bond to discharge a preliminary attachment under Rule 57, per the Supreme Court.

Circumstantial Evidence and Dying Declarations in Rape-Homicide Convictions

How the Supreme Court upheld a rape-homicide conviction using circumstantial evidence and the victim's dying declaration.

Estate vs Trustee: Intestate Courts Cannot Decide Ownership Disputes

Philippine Supreme Court clarifies that intestate courts lack jurisdiction to adjudicate ownership of properties claimed by third parties under adverse title.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Dismissed Electric Cooperative GM Can't Claim Retirement: NEA Jurisdiction Ruling

Supreme Court affirms NEA's exclusive jurisdiction over electric cooperative GM retirement claims, forfeiting benefits upon valid dismissal.

Stare Decisis and Employer Status in Labor Contracting Disputes

The Supreme Court applies stare decisis in labor contracting cases, reaffirming that Consolidated Building Maintenance, Inc. is a legitimate job contractor.

Foreign Divorce Recognition in the Philippines: Proving Japanese Law Matters

The Supreme Court clarifies what evidence is needed to recognize a foreign divorce in the Philippines, focusing on proving foreign law.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Good Faith vs Criminal Intent: When a Mistake Isn't Estafa

The Supreme Court acquits a jeepney driver of estafa, clarifying that good faith and lack of criminal intent negate conspiracy in fraud cases.

Condominium Dues and VAT: Supreme Court Clarifies Taxability of Association Fees

The Supreme Court confirms that condominium association dues are not subject to VAT, income tax, or withholding tax.

Upholding Judicial Integrity: Tardiness and Disobedience in the Judiciary

Court personnel who are habitually tardy and ignore directives face administrative liability under the Revised Rule 140.

No-Spouse Employment Policies: Balancing Business Needs and Marital Rights in the Philippines

Philippine Supreme Court clarifies psychological incapacity rules in Laroco v. Laroco, reshaping how courts evaluate marriage nullity cases.

Psychological Incapacity After Tan-Andal: The Laroco Ruling Explained

Understand how the Supreme Court's Laroco ruling applies the Tan-Andal framework on psychological incapacity, shifting focus to mutual incompatibility.

Mining Rights vs Indigenous Rights: Prior Consent Is Paramount for MPSA Renewal

Supreme Court rules FPIC and NCIP certification are mandatory for MPSA renewal, protecting indigenous peoples' ancestral domain rights.