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 2,719 articles for force

Protecting Childhood: Defining Carnal Knowledge in Statutory Rape Cases

The Supreme Court clarifies that slight penetration suffices for statutory rape, protecting child victims like a four-year-old in this case.

Tolerance Doctrine Limits Permissive Occupation of Registered Land

Explore how the Supreme Court applied the tolerance doctrine in DepEd v. Casibang, protecting registered owners' rights against laches claims.

Tolerance Ends Landowners Right Prevails Over Long Term Use In Property Dispute

Philippine Supreme Court rules that possession by mere tolerance does not ripen into ownership, and laches cannot bar a registered owner's right to recover property.

Union Members' Right to Due Process in Suspension and Expulsion Cases

Supreme Court rules union officers liable for unfair labor practices when they ignore members' appeals from suspension and expulsion.

Judgment on the Pleadings: When Admissions in an Answer Bind a Party

Philippine Supreme Court clarifies when admissions in an answer justify judgment on the pleadings, and why courts cannot look outside the pleadings.

The People's Choice Prevails: Upholding Electoral Will Over Procedural Technicalities in Candidate Substitutio

Supreme Court rules that a deceased candidate's substitute cannot be disqualified on technical grounds after the electorate has spoken.

PNRC Sui Generis Status and CSC Jurisdiction: Balancing Autonomy and Public Accountability

Explaining the Supreme Court ruling that the CSC has appellate jurisdiction over PNRC employees despite the Red Cross's sui generis status.

When Can a Partner’s Personal Assets Be Seized for Partnership Debts?

Philippine Supreme Court ruling on when a partner’s personal assets may be seized for partnership debts, and the due process required.

Open Space Preservation: HLURB Authority Over Subdivision Mortgage Disputes

When a developer mortgages a subdivision's designated open space, homeowners can seek annulment before the HLURB, not just the courts.

Unpaid Purchase Price: When a Deed of Absolute Sale Is Void for Lack of Consideration

A deed of sale without actual payment is void from the start. Learn the Supreme Court's ruling and key lessons.

Accountability in Public Service: Internal Auditors' Duty to Prevent Misuse of Funds

Supreme Court ruling on internal auditors' liability for government fund losses, explaining due diligence standards under COA rules.

Pactum Commissorium: When Mortgage Agreements Unfairly Benefit Lenders

Philippine Supreme Court ruling on mortgage validity, unconscionable interest rates, and when borrowers cannot escape contractual obligations.

Priority of Registered Adverse Claims Over Subsequent Mortgages: Protecting Land Rights in the Philippines

Learn how a registered adverse claim protects land rights against subsequent mortgages, and why prior registration prevails under Philippine property law.

Balancing Public Order and Private Rights: Limits on Summary Abatement of Nuisances

When can barangay officials destroy property as a public nuisance? The Supreme Court clarifies the limits of summary abatement.

Chain of Custody in Drug Cases: When Broken Links Mean Acquittal

Philippine Supreme Court acquits drug suspect where prosecution failed to prove unbroken chain of custody of seized shabu under RA 9165.

Illegal Dismissal Claims: When Voluntary Resignation and Quitclaims Prevail

Supreme Court ruling on when a resignation and quitclaim are voluntary, and what evidence employees must present to prove illegal dismissal.

Construction Delays: Who Bears the Cost? Lessons from BF Corp v. Werdenberg

A Supreme Court ruling on construction delays clarifies how courts apportion liability and compute liquidated damages when both parties share fault.

Finality Prevails: Understanding the Limits of Annulment of Judgment in the Philippines

Philippine Supreme Court clarifies when annulment of judgment is available, distinguishing lack of jurisdiction from errors in exercising jurisdiction.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

Positive Identification and Alibi in Murder Cases: Lessons from People v. Cuesta

The Supreme Court explains when positive identification prevails over alibi and why sudden attacks do not always amount to treachery.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Navigating the Chain: Establishing Drug Possession and Extortion Defenses in Philippine Law

A look at how Philippine courts weigh buy-bust evidence, chain of custody, and the disfavored defense of extortion in drug cases.

Service of Summons on Corporations: Why Strict Compliance Matters in Philippine Law

Philippine Supreme Court clarifies that service of summons on corporations must strictly follow Rule 14, Section 11; substantial compliance no longer applies.

Common Carriers and Passenger Safety: Defining the Scope of Liability

The Supreme Court clarifies when a bus company is liable for a passenger's death caused by a co-passenger, distinguishing extraordinary diligence from ordinary care.