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 7396 of 375 articles for objection

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Quantum Meruit and Government Contracts: Reclaiming Payment for Completed Projects

The Supreme Court allows payment for completed government projects even without a written contract, applying quantum meruit to prevent unjust enrichment.

Constitutional Rights vs Preliminary Investigation: When Evidence Admissibility Matters

Supreme Court clarifies that preliminary investigations cannot be suspended on prejudicial question grounds, and evidence admissibility is for trial, not preliminary inquiry.

Balancing Confrontation Rights and Due Process in Transnational Crime Investigations

Supreme Court clarifies when courts may interfere with preliminary investigations and how constitutional rights apply in fact-finding probes.

Joint Resolutions vs Laws: The Ang Nars Ruling on Salary Grades and Legislative Power

The Supreme Court clarifies that only bills can become laws, not joint resolutions, in a ruling on nurse salary grades.

Breach of Public Trust: Accountability for Malversed Funds in the Philippines

When public funds go missing, Philippine law presumes the accountable officer misappropriated them. Learn how courts apply this rule.

Obscenity Laws vs. Free Speech: The Madrilejos Ruling on Manila Ordinance 7780

The Supreme Court’s Madrilejos ruling clarifies how Philippine obscenity laws must balance regulation with constitutionally protected free expression.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Speed Limits and Local Governance: When Public Safety Measures Fail Legal Scrutiny

The Supreme Court voids a municipal speed limit ordinance for non-compliance with publication and RA 4136, underscoring the rule of law in local governance.

Implied Trust and Property Reconveyance: Ensuring Equitable Distribution Among Heirs

Philippine Supreme Court clarifies implied trust rules and property reconveyance among heirs in a family dispute over a Manila lot.

When a Station Search Goes Too Far: Hot Pursuit Arrests and Search Incident Limits

A valid hot pursuit arrest does not justify a later station house search. Know the limits of search incident to arrest.

Tax Refund Claims: Filing on Time Beats Waiting for BIR Action

Supreme Court clarifies taxpayers may file judicial tax refund claims before the BIR acts, provided the two-year prescriptive period is respected.

Sugar Restitution Absence of Funds and Government's Obligation to Sugar Producers

Explore the Supreme Court's ruling on sugar restitution when funds are absent, and the government's duty to sugar producers under Philippine law.

Venue in Estafa Cases: Where Does a Bouncing Check Crime Occur?

The Supreme Court clarifies that in estafa cases involving bouncing checks, venue lies where the check was issued and dishonored, not where negotiations occurred.

Surety Bonds in Replevin: When Does a Bond Really Expire?

A surety bond in a replevin case remains valid until the case is finally terminated, even if the stated period has lapsed.

Reformation of Instruments When a Written Contract Fails to Reflect True Intentions

Philippine Supreme Court explains when courts may reform a written contract to reflect the parties' true intentions, citing Article 1359.

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.

Defective Summons When Improper Service Nullifies Court Jurisdiction

When service of summons misses the persons listed in Rule 14, Section 11, the court never gains jurisdiction—even if a secretary accepts the papers.

Voluntary Appearance and Proper Service of Summons in Philippine Courts

Learn when a defendant's voluntary appearance cures defective summons and why improper service alone does not warrant dismissal.

Surrender of Title Broadening RTC Jurisdiction in Land Registration Disputes

The Supreme Court clarifies that Regional Trial Courts, as land registration courts, can hear contentious cases involving surrender of title under PD 1529.

Judicial Accountability Balancing Discretion AND Duty IN Search Warrant Issuance

A Supreme Court ruling on administrative liability clarifies the balance between judicial discretion in search warrants and accountability for neglect.

Protecting Contractors: Quantum Meruit and COA Disallowances in Government Projects

Supreme Court clarifies when contractors may recover from void government contracts under quantum meruit, and the limits of COA's audit powers.

Redundancy Programs and Employee Rights: Understanding Valid Dismissals and Separation Pay

The Supreme Court clarifies the rules on valid redundancy programs, separation pay, quitclaims, and GSIS gratuity pay in PNB v. Dalmacio.

Surrender of Owner's Duplicate Title: Buyers Cannot Withhold It Indefinitely

Buyers who hold an owner's duplicate title after a partial sale must register promptly; co-owners can compel surrender if registration is unreasonably delayed.