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 10091032 of 1,668 articles for information

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Injunctions in Ejectment Cases: Balancing Property Rights and Public Service

When can an ejectment judgment be stayed? City of Naga v. Asuncion shows how courts balance property rights against disruption of public services.

Crediting Government Service for Retirement: Defining the Scope of the Civil Service and Compensation

The Supreme Court clarifies which government services count for retirement benefits, distinguishing full-time civil service from part-time and non-chartered positions.

Bouncing Checks and Iniquitous Interest: When a Civil Case Cannot Stop a Criminal Prosecution

Learn when a dispute over unconscionable interest rates can—and cannot—suspend criminal prosecutions for bouncing checks under BP 22.

Estafa by False Pretenses: Proving Fraud Beyond Reasonable Doubt in the Philippines

Learn how Philippine courts prove estafa by false pretenses, using the Rizza Lao case to explain the elements, burden of proof, and penalties.

When a Financing Company Is Not a Mortgagee in Good Faith: Lloyd's Enterprises v. Dolleton

A financing firm that failed to inspect a mortgaged property cannot claim good faith. Learn the due diligence rule from this 2008 case.

Jurisdictional Boundaries Resolving Labor Disputes Involving Government Chartered Corporations

A Supreme Court ruling clarifies that labor disputes in government-owned or controlled corporations with original charters fall under the Civil Service Commission, not the NLRC.

Senior Citizen Discounts: Tax Credit vs. Deduction Under RA 7432

The Supreme Court clarifies that under RA 7432, the 20% senior citizen discount is a tax credit, not a mere deduction from gross income.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Lis Pendens Cancellation: Final Judgments and Property Rights Under Biglang-Awa

Learn when a notice of lis pendens can be cancelled after a final judgment, based on the Supreme Court ruling in Biglang-Awa v. Philippine Trust Company.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Pre-Proclamation Controversies in Senatorial Races: Pimentel v. COMELEC Explained

The Supreme Court in Pimentel v. COMELEC limits pre-proclamation challenges in senatorial races, directing disputes to election protests instead.

Official Duty vs. Discourtesy: When Public Officials Cross the Line

The Supreme Court clarifies that public officials cannot hide behind official duty to justify discourtesy, reaffirming public office as a public trust.

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Mission Orders and Memorandum Receipts: When They Don't Replace a Firearms License

The Supreme Court clarifies that mission orders and memorandum receipts cannot substitute for a valid firearms license, even for confidential agents.

Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts

The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.

Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan

Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.

Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements

Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.

Medical Certificate Authentication: Proving Physical Injuries in Philippine Courts

Learn how Philippine courts treat medical certificates as evidence, why authentication matters, and what Postanes v. People teaches litigants.

Corporate Rehabilitation, Foreclosure, and Judicial Independence: Key Lessons from Rombe Eximtrade

A Supreme Court ruling clarifies when courts may issue injunctions against foreclosure after a rehabilitation case is dismissed.

Theft vs. Estafa: When Misusing Entrusted Funds Becomes Theft in the Philippines

Philippine Supreme Court clarifies when misappropriating funds received for a specific purpose constitutes theft rather than estafa.

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.

Judicial Accountability: Judges and Court Personnel Held Liable for Undue Delay and Misconduct

Supreme Court holds retired judge liable for undue delay in deciding 23 cases and clerk of court for issuing false certification.

The Fine Line Between Unpaid Bills and Criminal Fraud Estafa in Restaurant Settings

When does an unpaid restaurant bill become a criminal offense? A Supreme Court ruling clarifies when non-payment crosses into estafa.