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 135 articles for qualifications

Challenging Residency Claims: The Supreme Court on Election Eligibility

A candidate's one-year residency requirement for local office demands clear proof of domicile, not just property ownership or voter registration.

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.

Acquisitive Prescription and Double Sales: When Long-Term Possession Confirms Ownership

A Supreme Court ruling on how prior possession and good faith determine ownership in double sales of land.

Census Is King: Priority Rights Yield to Actual Occupancy in Philippine Housing Projects

In ZIP housing projects, the official census and tagging determine who gets the lot—not priority certificates or prior possession claims.

Due Diligence in Land Transactions: Why a Faulty Agreement Can Cost You Your Property in the Philippines

Learn how the Supreme Court's ruling on attempted estafa underscores the critical need for due diligence in Philippine land transactions.

When NO Means GO Understanding Lawful Employee Transfers AND Insubordination IN THE Philippines

Learn Philippine labor law on employee transfers and insubordination—when a "no" to a lawful order can cost a job.

Party-List Registration and Religious Affiliation: COMELEC's Jurisdiction Explained

When can COMELEC cancel a party-list's registration for being a religious front, and when does the HRET take over? The Supreme Court clarifies.

When Quitclaims and Waivers Over Agrarian Land Are Void: Lessons from Lebrudo v. Loyola

Philippine Supreme Court explains when waivers over agrarian reform land are void, protecting farmer-beneficiaries from losing their awarded property.

Citizenship Disputes and Electoral Timelines: Gonzalez v. COMELEC on Disqualification Petitions

The Supreme Court clarifies the distinction between disqualification and cancellation of COC petitions, and the strict 25-day filing period under the election code.

HRET Jurisdiction Over Party List Nominees Ensuring Constitutional Qualifications for House Membership

Supreme Court ruling on COMELEC jurisdiction over party-list nominee qualifications and the continuing residency requirement for elective office.

Employer Liability for Employee Negligence: The Rule on Vicarious Responsibility in the Philippines

Philippine law makes employers solidarily liable for employee negligence unless they prove diligent selection and supervision. Learn the rule from a Supreme Court case.

Balancing Efficiency and Discretion: Revisiting PHILJA Staffing Patterns

The Supreme Court clarifies when coterminous status is proper for confidential staff in the Philippine Judicial Academy's executive offices.

When Retirement Moots a Disapproved Appointment: CSC vs. Tahanlangit

Explaining the Supreme Court ruling that optional retirement during the appeal period renders a CSC appointment disapproval moot.

Actual Malice and Media Responsibility in Reporting on Public Figures

Philippine Supreme Court clarifies that public figures must prove actual malice to claim damages for false news reports.

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

DNA Evidence and Paternity: Establishing Paternity Beyond Reasonable Doubt in Rape Cases

How the Supreme Court first applied the DNA Rules to confirm paternity and uphold a rape conviction.

Bidding Disqualification Upholding Agency Discretion In Government Contracts

The Supreme Court affirms agency discretion in government bidding, explaining protest rules, judicial hierarchy, and the limits of court intervention.

Material Misrepresentation in a COC: When a False Statement Can Nullify an Election Win

A false statement in a Certificate of Candidacy on a material qualification can cancel a candidacy and nullify an election victory, as Velasco v. COMELEC shows.

Drug Testing and Constitutional Rights: The Supreme Court's Balancing Act in the Philippines

The Supreme Court upheld random drug testing for students and employees but struck down mandatory tests for candidates and accused persons.

Seafarer Disability Claims: When the Company Doctor's Fit-to-Work Assessment Prevails

Philippine Supreme Court ruling on seafarer disability claims: the company-designated physician's fit-to-work certification controls absent a third-doctor review.

DARAB Jurisdiction Over Emancipation Patent Cancellation in Agrarian Retention Cases

Supreme Court affirms DARAB jurisdiction to cancel emancipation patents issued over lands validly retained by landowners under agrarian reform laws.

Unlawful Appointments: Does Temporary Disqualification Mean Lack of Legal Qualification?

Supreme Court clarifies that temporary disqualification of losing candidates constitutes lack of legal qualification under Article 244, RPC.

Dishonesty in Public Service: Falsifying Credentials Leads to Dismissal

Falsifying a Personal Data Sheet to claim a college degree is gross dishonesty warranting dismissal from public service, even on first offense.

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.