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 937960 of 1,063 articles for family

Breach of Banking Duty: Bank Liable for Mortgage Fraud Due to Negligence in Identifying Impostors

Philippine Supreme Court holds bank liable for mortgage fraud when it failed to verify impostors' identity, applying the last clear chance doctrine.

Circumstantial Evidence and Eyewitness Testimony in Rape of a Minor: People v. Torejos

The Supreme Court affirms a death sentence for rape of a three-year-old, clarifying evidentiary rules on witness credibility and circumstantial proof.

Can Foreigners Own Land in the Philippines? Donation vs. Inheritance Rules

Philippine law bars foreigners from owning land except by inheritance. Learn why a quitclaim deed to an American son failed as a donation.

Rape Conviction Stands Even If Accused Claims Consensual Affair

A claim of a romantic relationship does not negate rape if force was used. The Supreme Court explains why consent matters.

Judicial Overreach: When a Judge Solemnizes Marriage Outside Jurisdiction

A judge who solemnized a marriage outside his court's jurisdiction and failed to register it was fined P5,000. Learn the rules.

Rape Conviction: Credibility of Testimony and the Nuances of Penetration

The Supreme Court affirms a rape conviction based on the victim's credible testimony, clarifies penetration nuances, and adjusts penalties and damages.

When a "Sale" Is Really an Equitable Mortgage: Lessons from Aguirre v. Tupas

Philippine Supreme Court ruling on when a deed of absolute sale is presumed an equitable mortgage under the Civil Code.

Judicial Overreach Defining Jurisdictional Boundaries IN Marriage Solemnization

Philippine Supreme Court clarifies judges' authority in marriage solemnization, ruling on jurisdiction limits and administrative liability.

When Family Ties Meet Election Law: Disqualification for Acts of Terrorism

A spouse can be disqualified from office for election terrorism committed by her husband when the acts enhance her candidacy.

Tourist Duty Free Shops v. Sandiganbayan: Limits of PCGG Sequestration and Litis Pendentia

The Supreme Court clarifies when litis pendentia applies and the limits of PCGG sequestration powers over corporations.

Tenant Rights Prevail: Security of Tenure in Agrarian Reform Disputes

The Supreme Court affirms that agricultural lessees retain security of tenure under CARL, even when landowners claim conversion or termination of lease.

Reasonable Doubt in Rape Cases: When Inconsistent Testimony Cannot Support a Conviction

Philippine Supreme Court acquits rape accused where the victim's inconsistent testimony and improbable claims failed to prove guilt beyond reasonable doubt.

Rape Allegation vs Proof: Why Qualifying Circumstances Must Be Alleged and Proven

A rape conviction reduced from death to reclusion perpetua because the prosecution failed to allege and prove the victim's minority and the offender's status as stepfather.

Dying Declarations and Extrajudicial Confessions in Philippine Murder Cases

The Supreme Court explains when dying declarations are admissible and when extrajudicial confessions are not in murder prosecutions.

Electrocution and Liability: Negligence and Damages in Philippine Law

A Supreme Court ruling on electric cooperative liability for electrocution, negligence, and damages under Philippine law.

Store Owner Liability for Customer Safety: Lessons from the Jarco Marketing Case

When a defective store fixture injures a customer, who pays? The Jarco case clarifies premises liability and negligence rules in the Philippines.

Age of Consent in the Philippines: Why the Sweetheart Defense Fails in Statutory Rape Cases

The Supreme Court explains why consent is irrelevant in statutory rape cases involving victims under 12, and why the sweetheart defense cannot defeat a prosecution.

When a Bouncing Check Isn't Estafa: Checks as Loan Security in the Philippines

Philippine Supreme Court ruling on when postdated checks given as loan security, not payment, cannot result in estafa conviction.

Ejectment and Your Business: Understanding Privity to Avoid Surprises

A Supreme Court ruling explains when a business can be bound by an ejectment case even if not named as a party-defendant.

Selling a Homestead Too Soon in the Philippines Can Cost You Everything

Philippine law bars selling homestead land within five years of the patent. Learn the rule and its consequences.

When Absence Is Not Abandonment: Understanding Illegal Dismissal in Philippine Labor Law

Philippine Supreme Court clarifies when an employee's absences do not amount to abandonment, protecting workers from illegal dismissal.

Credibility of Child Testimony in Rape Cases: Insights from People v. Batoon

Philippine Supreme Court ruling on why a minor rape victim's candid testimony prevails over defense claims of impossibility and delay.

Judicial Ethics: Dismissal of Judge for Sexual Harassment and Conduct Unbecoming

Supreme Court dismisses judge for sexual harassment, harassment of employees, and improper dealings with a litigant before his sala.

Legally Binding Family Agreements: Extrajudicial Settlements and Inheritance in the Philippines

Philippine Supreme Court ruling on extrajudicial settlements, forgery claims, prescription, and laches in family inheritance disputes.