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 11,012 articles for legal advice

Accountability Prevails Public Officials Held Civilly Liable Despite Acquittal In Illegal Funds Transfer Case

Acquittal in a criminal case does not erase civil liability. The Supreme Court explains why public officials must still answer for negligent handling of public funds.

Inordinate Delay in Election Offense Cases: Protecting Your Right to Speedy Disposition

Learn how the Supreme Court protects the right to speedy disposition of cases, using the Figueroa v. Sandiganbayan ruling as a guide.

Psychological Incapacity in Philippine Marriages: The Claur Case Explained

The Supreme Court clarifies psychological incapacity as a legal concept in nullifying marriages, applying the Tan-Andal guidelines.

Certiorari Deadlines Strict Compliance Required IN Philippine Courts

The Supreme Court affirms that Rule 45 petitions must strictly comply with procedural deadlines, and clarifies the elements of Section 3(e) of the Anti-Graft Law.

Overcoming the Presumption in Seafarer Disability Claims and Employer Responsibilities in the Philippines

Philippine Supreme Court clarifies the disputable presumption of work-relatedness in seafarer disability claims, and the mandatory third-doctor referral rule.

Upholding Fiscal Responsibility: The Limits of PCSO's Authority in Granting Employee Benefits

The Supreme Court affirms COA's disallowance of PCSO employee benefits, clarifying limits on board authority and liability rules.

Certiorari Deadlines Strict Enforcement IN Philippine Courts

Philippine Supreme Court clarifies medical malpractice prescription and strict procedural deadlines for certiorari petitions under Rule 45.

Time Limits in Medical Negligence Claims: Understanding Prescription in Philippine Law

When does a medical negligence claim expire in the Philippines? The Supreme Court clarifies the four-year prescription period for tort-based actions.

Prescription in Tax Assessments: Waivers Must Be Strictly Compliant for Validity

Waivers of the tax prescription period are strictly construed. Missing the BIR's date of acceptance voids them, and assessments without due dates fail.

Tax Assessment Validity: Waivers and Due Dates Under Scrutiny

The Supreme Court nullified BIR deficiency assessments for First Gas Power due to defective waivers and missing due dates, clarifying prescriptive period rules.

Quantum Meruit: Fair Compensation for Government Contracts Despite Procedural Flaws

When can a contractor recover payment for services rendered to the government despite an invalid contract? The Supreme Court explains quantum meruit.

Protecting Minors Trafficking Conviction Upheld Despite Evidentiary Challenges

Supreme Court affirms life sentence for trafficking a minor, ruling that stipulated facts and credible testimony suffice despite evidentiary questions.

Constructive Dismissal: Defining Unbearable Working Conditions in Philippine Labor Law

When does a difficult work environment become constructive dismissal? The Supreme Court clarifies the test in a seafarer's resignation case.

Seafarers' Disability Claims: Overcoming Concealment and Securing Benefits Under Philippine Law

The Supreme Court clarifies when a seafarer's failure to disclose pre-existing illness bars disability claims and how to secure benefits.

Revocation of Teacher’s License, Exhaustion of Administrative Remedies, and Due Process

The Supreme Court clarifies due process in administrative cases and the distinction between dishonesty and simple negligence in license revocation proceedings.

CBA-Protected Benefits: When Management Prerogative Cannot Override the Collective Bargaining Agreement

Philippine Bank of Communications v. PBCOMEA: benefits written into a CBA cannot be unilaterally changed by management without union participation.

Foreshore Occupancy Without Permit: Water Code Violation Upheld

The Supreme Court affirms that occupying foreshore land without a permit violates the Water Code, regardless of pending applications.

Enforced Disappearance Proving Government Involvement IN Philippine LAW

The Supreme Court clarifies the evidentiary standard for enforced disappearance, requiring proof of government involvement in the deprivation of liberty.

Voluntary Resignation vs Constructive Dismissal: Seafarer Contract Obligations

When a seafarer's resignation is voluntary, not constructive dismissal, and why lawful orders under the POEA Standard Contract matter.

Simple Negligence vs Dishonesty: Upholding Public Trust in Government Service

A look at how the Supreme Court treats simple neglect of duty versus dishonesty, and why Ombudsman decisions in administrative cases must be executed promptly.

Upholding Seafarer Rights: Employers Must Issue Clear Disability Assessment

Supreme Court rules a company doctor's vague medical report cannot defeat a seafarer's claim for total and permanent disability benefits.

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

HUC Voters and Provincial Plebiscites: The Del Rosario Ruling Explained

Can residents of a highly urbanized city vote in a provincial plebiscite? The Supreme Court says no—here's why.

Contractor or Employer: Defining the Boundaries of Labor-Only Contracting in the Philippines

The Supreme Court clarifies when a contractor is a legitimate job contractor rather than a labor-only contractor, and who is the true employer.