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 1,111 articles for judge

Due Process Denied: The Importance of Hearing Notices in Default Orders Under Philippine Law

Philippine Supreme Court ruling on default orders without hearing notices, and the duty of clerks of court in safeguarding due process.

Reckless Imprudence in Vehicular Accidents: Negligence and Penalty Rules

Philippine Supreme Court ruling on reckless imprudence in vehicular accidents, explaining negligence standards, proximate cause, and penalty imposition under Article 365.

Clerks of Court Must Strictly Follow Rules on Handling Court Funds

Supreme Court reminds clerks of court and judges of strict rules on handling court funds, citing a case of suspension and fine for violations.

Judicial Efficiency vs Unnecessary Delays: The Case of Farrales vs Camarista

A look at Farrales vs Camarista, where a judge was fined for gross inefficiency and ignorance of the law in delaying summary procedure cases.

Child Witnesses and Acts of Lasciviousness: The Dulla Case Explained

The Supreme Court clarifies when a child can testify and how acts of lasciviousness differ from rape in this 2000 ruling.

Sheriffs Duty to Timely Return Writ of Execution and Consequences of Delay

A sheriff's four-day delay in returning a writ of execution led to a fine. Learn the 60-day rule and why timely returns matter.

When Judges Notarize: Limits on Ex Officio Notarial Powers in Property Cases

A judge's unauthorized notarization of a private property document leads to a fine, clarifying ex officio notarial limits.

Overtaking at a Curve and Common Carrier Liability: Mallari v. Court of Appeals

A jeepney driver's reckless overtaking at a curve makes both driver and owner liable for a passenger's death.

Summary Procedure and Motions for Reconsideration: Scope of Prohibited Pleadings Clarified

A judge may validly act on a motion for reconsideration of a dismissal order in summary procedure cases, as clarified by the Supreme Court.

Motion for Reconsideration Under Summary Procedure: The Lucas Doctrine

When can a litigant file a motion for reconsideration under summary procedure? The Supreme Court clarifies the exception for dismissal orders.

Diplomatic Immunity vs Defamation: The Liang Case and Limits of Official Acts

Philippine Supreme Court ruling on ADB staff immunity, defamation, and why diplomatic immunity is not absolute for criminal acts.

Eminent Domain: Necessity, Procedure, and the Writ of Possession in Philippine Law

The Supreme Court explains when the government may expropriate private land, the necessity requirement, and the rule on writs of possession.

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.

Official Duty vs Personal Liability: Defining Immunity in Defamation Cases

Can a diplomat or international organization worker claim immunity for defamation? The Supreme Court clarifies when official duty ends and personal liability begins.

Judicial Overreach Defining Jurisdictional Boundaries IN Marriage Solemnization

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

Breach of Trust: Safeguarding Employee Rights in Termination Cases

Philippine Supreme Court ruling on dismissal of court employees for immorality, highlighting integrity standards and due process in administrative cases.

Incestuous Rape: When a Father's Betrayal Warrants the Death Penalty

The Supreme Court affirms the death penalty for a father who raped his 12-year-old daughter, underscoring the gravity of incestuous rape under Philippine law.

Confessions and Counsel: Safeguarding Rights During Custodial Investigation in the Philippines

The Supreme Court explains what makes an extrajudicial confession valid, focusing on the right to counsel during custodial investigation.

Custody and Legal Practice: Defining the Bounds of Detention

Supreme Court clarifies that detention prisoners cannot practice law and must be confined in jail, not held under loose custodial arrangements.

Philippine Oil Deregulation Upheld: Supreme Court Defers to Market Freedom and Congress

The Supreme Court upheld oil deregulation under RA 8479, ruling that price controls are policy choices for Congress, not constitutional requirements.

Credibility of Victim Testimony in Philippine Rape Cases: People v. Macosta

How Philippine courts weigh victim testimony in rape cases, explained through People v. Macosta and related jurisprudence.

Judicial Rank vs Salary Grade: Understanding Position Classification in the Philippine Judiciary

The Supreme Court explains why equal salary grades do not mean equal judicial rank, clarifying position classification in the Court of Appeals.

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.

Homicide vs Murder in the Philippines: Intent, Treachery, and the Burden of Proof

The Supreme Court explains when a killing is homicide, not murder, and why treachery and self-defense must be proven, not presumed.