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 1,082 articles for motion

Wage Distortion In The Philippines Understanding Collective Bargaining And Legal Remedies

Philippine Supreme Court clarifies wage distortion, collective bargaining rights, and legal remedies for employees facing demotion or illegal dismissal.

Payroll Evidence in Philippine Labor Disputes: Ensuring Fair Hearings for Employers

A Supreme Court ruling on payroll evidence in labor disputes, protecting employers' right to present original documents for fair hearings.

Valid Service of Summons in Revival of Judgment Cases: Jurisdiction Lessons from Arcenas

Philippine Supreme Court ruling on when substituted service of summons is invalid in revival of judgment actions, and why courts must acquire jurisdiction over the defendant.

Court Discretion and Deadlines: Why Philippine Courts Can Deny Postponements and Cost You Your Case

Learn from the Pepsi Number Fever case why Philippine courts can deny postponements and declare waiver of evidence rights.

Date Discrepancies in Rape Cases: When an Information Remains Valid in Philippine Law

Philippine courts allow minor date discrepancies in rape informations if the accused is not prejudiced. Learn the rule from People v. Bugayong.

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 ICT use raises the penalty.

Voluntary Resignation vs. Constructive Dismissal: When Management Prerogative Is Not Harassment

Philippine Supreme Court ruling on when an employee's resignation is voluntary, and why management directives are not necessarily harassment.

Client Liability Clarified: Solidary Responsibility for Agency Workers

Philippine Supreme Court clarifies when a client-employer is solidarily liable for agency workers' claims, distinguishing back wages from service incentive leave pay.

Decoding Stray Votes: How Philippine Courts Uphold Voter Intent in Elections

Philippine Supreme Court ruling on stray votes, nuisance candidates, and the primacy of voter intent in election canvassing.

Judicial Impartiality When Prior Involvement In A Case Disqualifies A Judge

A judge who previously served as prosecutor must inhibit from the case. Rule 137, Section 1 explained.

Limits of Contempt Power: When Can You Actually Be Held in Contempt of Court in the Philippines

Philippine Supreme Court explains the limits of contempt power—when a court order binds you and when it does not.

Lascivious Conduct Under RA 7610: What People v. Larin Teaches About Child Protection

Understand lascivious conduct under RA 7610 through People v. Larin, and how Philippine law protects children from sexual abuse.

Refiling a Dismissed Case in the Philippines: When a Technical Dismissal Is Not Final

A Philippine Supreme Court ruling explains when a procedural dismissal is without prejudice, allowing a case to be refiled.

When a Bookkeeper Counts as an Agent for Summons in Labor Cases

Philippine Supreme Court ruling on when service of summons on a bookkeeper is valid in labor cases, conferring jurisdiction on the Labor Arbiter.

Philippine Courts and Foreign Defendants: How Voluntary Appearance Can Establish Jurisdiction

A look at Villareal v. CA: when a non-resident defendant voluntarily appears in court, jurisdiction over the person is established.

Credibility of Victim Testimony in Rape Cases: Lessons from People v. Ferrer

Philippine courts rely heavily on victim credibility in rape cases. People v. Ferrer shows why trial court findings on witness demeanor are rarely overturned.

Floating Status or Illegal Dismissal: Security Guard Rights in the Philippines

When does a security guard's off-detail become illegal dismissal? The Supreme Court explains the six-month floating status rule and employee rights.

Service by Registered Mail in the Philippines: When Deadlines Start Ticking

Understand when service by registered mail is complete in Philippine courts, and how insufficient postal certifications can protect your right to due process.

Employee vs Independent Contractor: The Control Test in Philippine Labor Law (Ushio Marketing Case)

The Ushio Marketing case clarifies the control test for determining employer-employee relationships in Philippine labor law.

Premature Writ of Demolition: Due Process and the Sheriff's Duty in Philippine Execution

When can a sheriff implement a writ of demolition, and what happens when a motion for reconsideration is pending? The Supreme Court's ruling in A.M. No. P-98-1268 offers guidance.

Missed Pre-Trial and Default Orders: What Victory Liner v. Viron Means for Businesses

Philippine Supreme Court explains when missing a pre-trial can lead to default orders and why businesses must ensure proper representation.

Buyer’s Right to Specific Performance When a Seller Backs Out of a Contract to Sell

Philippine Supreme Court ruling clarifies that sellers cannot unilaterally rescind a Contract to Sell, and buyers may sue for specific performance.

Re-Election and Criminal Liability: Why Public Officials Can Still Face Suspension for Past Misdeeds

Re-election does not erase criminal liability. The Supreme Court clarifies preventive suspension still applies to public officials for prior-term offenses.

Solidary Liability for Security Guard Wages: Employer Obligations in the Philippines

Philippine Supreme Court ruling on when companies are solidarily liable for security agency employees' wages, back pay, and separation pay.