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 9851008 of 7,280 articles for heir

Loss of Trust and Confidence as Just Cause for Dismissal: What Employers Must Prove

The Supreme Court clarifies when loss of trust, gross neglect, or abandonment can justify terminating an employee under Philippine labor law.

Understanding Illegal Dismissal When Negligence Doesnt Justify Termination

The Supreme Court clarifies when simple negligence or carelessness cannot justify termination, explaining the standards for loss of trust, gross neglect, and abandonment.

Contract Rescission in the Philippines: When Forfeiture Clauses and Mutual Restitution Apply

Philippine Supreme Court clarifies when forfeiture clauses survive contract rescission and when mutual restitution applies under Article 1191.

Illegal Dismissal: When Loss of Trust and Confidence Fails as Just Cause

Philippine Supreme Court clarifies when loss of trust, gross neglect, and abandonment are valid grounds for dismissing an employee.

Voluntary Arbitrator Appeals: The 15-Day Rule After Reconsideration

Philippine Supreme Court clarifies the appeal period for voluntary arbitrator decisions—15 days after denial of reconsideration, not 10.

Seafarer Disability Claims: Res Judicata and Medical Assessments Under POEA-SEC

The Supreme Court clarifies when a dismissed seafarer claim bars a later disability suit, and how conflicting medical opinions are resolved.

Understanding the Crucial Distinction Between Attempted and Frustrated Murder in Philippine Law

A Supreme Court ruling clarifies when a crime is attempted, not frustrated, murder—a distinction that changes the penalty.

Rape Convictions and Victim Credibility: Lessons from a Robbery with Rape Case

The Supreme Court explains how victim testimony and conspiracy principles shape rape convictions in robbery with rape cases.

Promissory Estoppel in Philippine Employment: When Employer Promises Bind

A Supreme Court ruling shows how employer assurances on retirement benefits can bind companies under promissory estoppel. Learn the key lessons.

Lessee Reimbursement for Improvements: The Bermon Marketing Case

Learn when lessees can claim reimbursement for improvements under Article 1678 and how contract terms can waive that right.

Rice Allowance in GOCCs: When Employee Benefits Are Disallowed by COA

The Supreme Court clarifies limits on rice allowance and other benefits in GOCCs, and who must refund disallowed amounts.

Voidable vs Void Contracts: What Spousal Consent Means for Property Sales in the Philippines

The Supreme Court clarifies that sales of conjugal property without spousal consent are voidable, not void, under the Civil Code.

Understanding Government Contract Disallowances: Detailed Engineering and Quantum Meruit

Learn how the Supreme Court ruled on COA disallowances for overestimated embankment materials in government road projects and the limits of quantum meruit.

LIVE'S vs LEVI'S: Supreme Court Rules on Trademark Confusion and Cancellation

The Supreme Court cancelled the LIVE'S trademark registration, ruling it confusingly similar to LEVI'S under the Dominancy Test.

Online Psychological Abuse Under RA 9262: When Facebook Posts Become a Crime

The Supreme Court clarifies how social media posts can constitute psychological abuse under RA 9262, and why using Facebook raises the penalty.

Understanding Child Sexual Abuse Legal Insights From A Landmark Philippine Supreme Court Case

A landmark Philippine Supreme Court ruling clarifies how rape of a mentally disabled victim is classified and punished.

Employee Termination for Unauthorized Absences: Lessons from a Landmark Philippine Case

Learn how Philippine courts handle employee termination for unauthorized absences and what employers must prove to avoid illegal dismissal claims.

Sheriff Misconduct and Religious Bias: A Landmark Philippine Administrative Case

A sheriff's excessive force and Islamophobic justification lead to a one-year suspension and a strong rebuke from the Supreme Court.

What a Disbarment Case Teaches About Lawyers and Corporate Roles in the Philippines

The Supreme Court dismissed a disbarment case against three lawyers, clarifying that corporate acts and mere receipt of pleadings are not professional misconduct.

Unlawful Detainer vs. Accion Reivindicatoria: Key Differences in Philippine Property Law

Learn the difference between unlawful detainer and accion reivindicatoria in Philippine property law, and when each legal action applies.

Suffrage Safeguards: Upholding Election Integrity Through Specificity and Evidence in Electoral Protests

The PET dismissed Marcos Jr.'s 2016 VP election protest, affirming Robredo's victory and underscoring the strict rules on specificity and evidence in election contests.

Understanding the Rule on Hierarchy of Courts: Implications for Legal Venue and Depositions in the Philippines

The Supreme Court clarifies the hierarchy of courts rule in Palafox v. Mendiola, addressing venue for defamation cases and deposition timing.

Supreme Court: Direct Petitions to SC Violate Hierarchy of Courts Rule

SC dismisses Palafox petition for bypassing Court of Appeals, reaffirming strict rule on hierarchy of courts in Philippine litigation.

Seafarer Disability Claims: Proving Work-Related Illness Under the POEA Contract

A Supreme Court ruling clarifies when a seafarer's illness is compensable under the POEA Standard Employment Contract and the burden of proof required.