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 188 articles for securities

SEC Suspension Order as Defense in B.P. 22 Cases: Gidwani v. People

Supreme Court rules SEC suspension of payments order excuses check dishonor under B.P. 22, reversing conviction of corporate officer.

SEC Suspension Order as a Valid Defense in B.P. 22 Cases: Gidwani v. People

When a lawful SEC suspension order precedes check presentment, the drawer may be excused from B.P. 22 liability.

Shareholder Rights Demanding Corporate Transparency Through Inspection Rights

Explaining the Supreme Court ruling on stockholder inspection rights under Section 74 of the Corporation Code and the limits of judicial review of prosecutorial findings.

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.

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

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.

Probable Cause and Estafa: When Failed Corporate Investments Stay Civil, Not Criminal

Supreme Court ruling on when failed corporate investments amount to estafa, and why probable cause findings by prosecutors are rarely disturbed.

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.

Sandiganbayan Jurisdiction: Private vs Public Corporations in the Philippines

When does the Sandiganbayan have jurisdiction over corporate officers? Learn from the Morales ruling on private vs public corporations.

Philippine Mining Rights: Securing Priority Through Timely Filing of Applications

Philippine Supreme Court ruling on mining rights priority: timely filing of applications determines preferential rights, not later registration.

Novation in Philippine Law: Understanding the Requirements for Extinguishing Obligations

Learn how novation extinguishes obligations under Philippine law, its requirements, and how the Supreme Court applies these rules in corporate rehabilitation cases.

Corporate Officer vs Employee: Who Hears Illegal Dismissal Cases?

Philippine Supreme Court clarifies when an illegal dismissal case belongs to the Labor Arbiter versus the Regional Trial Court.

Water Districts as GOCCs: Reaffirming Government Control and Audit Authority

The Supreme Court reaffirms that water districts are government-owned or controlled corporations with special charters, settling tax and audit questions.

PAGCOR v. Fontana: Contracts Bind Government Agencies Too

Supreme Court rules PAGCOR must honor its casino MOA with Fontana, affirming that contracts bind government agencies.

Perjury Acquittal: When Contradictory Statements Do Not Prove Guilt Beyond Reasonable Doubt

Supreme Court acquits Eriberto Masangkay of perjury, holding that contradictory statements alone cannot prove deliberate falsehood beyond reasonable doubt.

When an Alien Executive Is a Regular Employee, Not a Corporate Officer: The WPP v. Galera Lesson

The Supreme Court clarifies the distinction between a corporate officer and a regular employee, and the consequences of working without an alien employment permit.

Retrenchment and Proof of Financial Losses: Safeguarding Employee Rights in Business Downturns

When can a company validly retrench workers? The Supreme Court clarifies the burden of proving business losses.

Protecting Public Funds Supreme Court Invalidates Compromise Agreement Involving Government Assets

Supreme Court voids PNCC-Radstock compromise that would have transferred P6.185 billion in public assets to a private foreign firm.

Shareholder Derivative Suits: Venue and Procedure Under Philippine Rules

Learn how Philippine courts determine venue for shareholder derivative suits and why procedural choices like certiorari vs. appeal matter.

DST on Deposit on Stock Subscription: When Is It Due?

The Supreme Court clarifies when documentary stamp tax applies to deposits on stock subscription, distinguishing them from actual stock subscriptions.

Homeowners Association Disputes: HLURB Jurisdiction and Mandatory Arbitration

When do homeowners association disputes go to HLURB instead of courts? The Supreme Court clarifies jurisdiction and arbitration rules.

Speedy Trial Rights: When Delay Is Not a Violation

The Supreme Court explains when delays in criminal prosecution do not violate the right to speedy trial, and the limits of double jeopardy.

Speedy Trial Rights When Agreement Nullifies Delay In Securities Act Cases

Supreme Court ruling on when an accused's agreement to defer trial negates claims of speedy trial violation in securities cases.