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 1,508 articles for requirements

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.

When Landlords Can Cut Utilities: Lessons from Barbasa v. Tuquero

Learn when a lessor may lawfully disconnect utilities under a lease's penalty clause without committing grave coercion.

Renouncing Foreign Citizenship: A Hard Requirement for Elective Office in the Philippines

The Supreme Court explains why a separate, sworn renunciation of foreign citizenship is required for elective office under RA 9225.

Conditional Sales and Inheritance Rights: Resolving Land Ownership Disputes in the Philippines

Learn how Philippine courts resolve land disputes involving conditional sales, inheritance, and registration requirements under the Public Land Act.

Medical Negligence: The Duty to Consider Existing Conditions During Treatment

Philippine Supreme Court rules on seafarer disability claims, company-designated physician assessments, and the duty to consider pre-existing conditions.

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.

Entrapment vs Frame-Up: Proving Illegal Drug Sale Beyond Reasonable Doubt

The Supreme Court explains the difference between valid buy-bust entrapment and a mere frame-up in drug cases, and what evidence convicts.

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

The Perils of Untimely Appeals: Adherence to Procedural Rules in Philippine Courts

Explore how strict procedural rules shape Philippine labor cases, from appeal deadlines to due process in dismissals.

Condominium Ownership for Foreign Nationals: Property Rights Under the Condominium Act

Philippine Supreme Court clarifies that foreigners may own condominium units under RA 4726, separating land ownership from unit ownership.

Breach of Contract and Tortious Interference: Proving a Valid Contractual Right

Learn when tortious interference claims fail: a valid contract must exist before third-party interference can be actionable under Philippine law.

When 'In Lieu of All Taxes' Does Not Mean Local Tax Exemption: Smart Communications v. City of Davao

The Supreme Court ruled that a franchise's "in lieu of all taxes" clause covers only national taxes, not local franchise taxes.

Notarization Is Not a Rubber Stamp: Supreme Court Disbars Negligent Notary

A notary who notarized a forged deed without verifying signers' identities was suspended and disqualified. Learn the rules on notarization.

Executive Privilege vs Senate Inquiries: The Neri Doctrine on Presidential Communications

The Supreme Court upholds presidential communications privilege in Senate inquiries, balancing executive confidentiality against legislative oversight powers.

Reconstitution of Cadastral Records: Publication Requirement for Court Jurisdiction

Learn when publication in the Official Gazette is required to reconstitute cadastral records under Act 3110, and how the Supreme Court resolved this property law dispute.

Guarantor's Defense of Excussion: What the Supreme Court Requires

Explaining the benefit of excussion for guarantors under Philippine law, based on the Supreme Court's ruling in Bitanga v. Pyramid Construction.

Venue Rules in Personal Actions: Why the Principal Plaintiff's Residence Matters

Supreme Court clarifies venue rules for personal actions, emphasizing the principal plaintiff's residence determines proper venue, not nominal co-plaintiffs.

Upholding Due Process for Workers: When Business Closure Is a Subterfuge

Business closures must be bona fide. The Supreme Court explains when a simulated shutdown becomes illegal dismissal.

Illegal Recruitment Conviction Stands Even Without Direct Misrepresentation of Authority to Deploy Workers Abr

The Supreme Court affirms that giving the impression of ability to send workers abroad, without express claims of authority, constitutes illegal recruitment.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate and ROD Records

Supreme Court clarifies what evidence suffices to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Subrogation Rights of Insurers: Recourse Against Negligent Carriers for Damaged Goods

When can an insurer sue a negligent carrier after paying a claim? The Supreme Court clarifies subrogation rights and carrier liability.

Compulsory Retirement at 60: When Company Policy Violates Security of Tenure

A company policy forcing retirement at 60 can be illegal dismissal. The Supreme Court explains the difference between voluntary and compulsory retirement.

Dismissal of Appeal When Technical Rules Trump Substantial Justice

When do procedural lapses justify dismissing an appeal? This article explains the rule and its limits, using Philippine Supreme Court jurisprudence.

When Can Power Generators Be Exempted from Power Delivery Charges

Philippine Supreme Court ruling on when independent power producers may be exempt from Power Delivery Service charges for ancillary services.