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 3,853 articles for tro

Double Taxation and Refund of Erroneously Paid Local Business Taxes in Manila

Supreme Court clarifies when a taxpayer can refund local business taxes after protesting an assessment and paying under protest in Manila.

Probable Cause and Graft Liability When a Governor's Request Shapes Public Bidding

Supreme Court ruling on graft liability of DPWH-ARMM officials for irregularities in infrastructure projects, including premature contractor mobilization.

Sheriff Duties and Neglect in Attachment Cases: Protecting Your Property Rights

Learn how sheriffs must handle attached properties, their inventory duties, and what happens when they neglect these responsibilities.

Receiving Money from Bondsmen Is Grave Misconduct for Court Personnel

Court employees cannot receive money from litigants, even as voluntary "token" gifts. The Supreme Court explains why in Perez v. Roxas.

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.

Presumption of Consideration: Bank's Good Faith Upholds Mortgage Despite Forged Deed Claim

Supreme Court rules a bank's good faith reliance on a Torrens title protects its mortgage even if the prior deed was allegedly forged.

Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court defines the strict personal appearance requirement for notarization and the penalties for violating notarial rules.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory, reinforcing strict chain of custody rules.

Judge Fined for Undue Delay in Resolving Injunction Despite Heavy Caseload

A judge's two-year delay in resolving an injunction prayer draws a fine, even with heavy caseload as a mitigating factor.

Priority in Public Land Sales: Prior Application vs Length of Occupancy

In public land sales, the date of application generally prevails over length of occupancy. Galindez v. Firmalan explains why.

Trademark Ownership Rests on Prior Use, But Related Goods Still Matter

Philippine Supreme Court clarifies trademark ownership via prior use and the test for related goods in SAKURA dispute.

Reasonable Doubt When Police Testimony Fails in Drug Cases

The Supreme Court acquits a drug suspect when police conduct an invalid warrantless arrest and break chain of custody rules.

Project Employment in Construction: Defining Scope and Tenure in the Philippines

The Supreme Court clarifies when construction workers are project employees, not regular employees, and what benefits they retain.

Unlawful Detainer Complaints: Why Alleging Tolerance Matters for Jurisdiction

The Supreme Court explains why an unlawful detainer complaint must allege initial lawful possession by tolerance—or the case fails for lack of jurisdiction.

When Courts Cannot Decide Land Ownership Disputes Involving Agrarian Reform Awards

Philippine Supreme Court clarifies that cancellation of CLOAs falls under DAR Secretary's jurisdiction, not regular courts.

Res Judicata and Litis Pendentia: Ending Endless Property Litigation in the Philippines

Learn how the Supreme Court applied res judicata and litis pendentia to bar a second property case, preventing endless litigation over the same land.

Seafarers' Disability Claims: The 240-Day Rule and Premature Filing Explained

Philippine Supreme Court clarifies the 240-day rule for seafarer disability assessments, explaining when a claim becomes premature and why timing matters.

Defense of Relatives and Unlawful Aggression in Philippine Criminal Law

The Supreme Court clarifies when defense of relatives justifies a killing and why unlawful aggression is its indispensable requirement.

Notarial Duty and Identification Validity of Notarization Based on Laws at Time of Execution

Notaries must follow the identification rules in effect when the document is notarized, not later rules. The Supreme Court explains in this administrative case.

Habitual Absenteeism in the Judiciary: Dismissal for Court Employee Who Abandoned Post

Supreme Court dismisses court interpreter for habitual absenteeism, forfeiting benefits and barring re-employment in government service.

When Lawyers Take Fees But Never File the Case: A Lesson in Professional Responsibility

The Supreme Court suspended a lawyer for one year for collecting fees but failing to file a client's case, reaffirming lawyers' fiduciary duties.

Defective Summons Nullifies Judgment Safeguarding Due Process in Annulment Cases

SC rules defective summons in annulment cases violates due process; petitions for annulment are actions in personam requiring proper service.

The Five-Year Rule on Execution of Judgments: Villareal v. MWSS Explained

Winning a case is only half the battle. Learn the five-year rule on executing judgments and why delay can void a writ.

Rape Conviction Affirmed: Victim Credibility and Corroborating Testimony in Sexual Assault Cases

Supreme Court affirms rape conviction, ruling that a minor victim's credible testimony, corroborated by medical evidence, suffices for conviction.