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.
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Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals
Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.
From Murder to Homicide When Sudden Attacks Lack Treachery in Philippine Law
The Supreme Court explains when a sudden attack qualifies as treachery and when it does not, reducing murder to homicide.
Due Process in Termination: The Two-Notice Rule and Nominal Damages
Learn the two-notice rule in employee termination and when nominal damages apply, based on a Philippine Supreme Court ruling.
Protecting the Vulnerable: Upholding Justice for Victims of Parental Rape
Philippine Supreme Court affirms conviction for qualified rape committed by a father against his minor daughter, emphasizing the law's protection for vulnerable victims.
Safeguarding Electoral Integrity: Due Process in Pre-Proclamation Cases
The Supreme Court nullifies a hasty proclamation in Cambe v. COMELEC, underscoring due process and the proper procedure for excluding election returns.
Falsification of Daily Time Records: Upholding Honesty in Public Service
The Supreme Court reinstated the Ombudsman's ruling that falsifying daily time records constitutes dishonesty, even without proof of malice or damage.
Overload Pay and 13th Month Pay: Defining Basic Salary in Philippine Labor Law
The Supreme Court clarifies whether teaching overload pay forms part of basic salary for 13th month pay computation under Philippine law.
Habeas Corpus in Custody Disputes: When Personal Liberty Is Not Unlawfully Restrained
The Supreme Court clarifies that habeas corpus requires unlawful restraint of liberty, not merely a dispute over custody of an elderly relative.
Rape and Moral Ascendancy: Consent, Credibility, and the Sweetheart Defense in Philippine Law
A 2008 Supreme Court ruling clarifies how moral ascendancy, intimidation, and credibility shape rape convictions and the sweetheart defense.
Amendment of Pleadings, Family Home Protection, and the Perils of Procedural Shortcuts
A Supreme Court ruling on partition, indirect contempt procedure, and the automatic constitution of the family home under the Family Code.
Lease Termination: Lessors Can Still Collect Rent After Lessee Default and Abandonment
Philippine Supreme Court ruling on lessor rights when lessee defaults and abandons leased property, clarifying remedies for unpaid rent.
Incestuous Rape as a Qualifying Circumstance and the Admissibility of the Victim's Testimony
The Supreme Court affirms a father's rape conviction, explaining why a victim's delayed report and testimony remain credible in incestuous rape cases.
Equitable Mortgage vs Sale With Right to Repurchase: Price and Intent
When is a "sale with right to repurchase" really an equitable mortgage? The Supreme Court explains the role of price adequacy and intent.
Bribery and Abuse of Authority When Recanted Testimony Fails to Sway the Court
Supreme Court affirms bribery and graft convictions despite recanted testimony, explaining why retractions rarely overturn convictions.
Lease Agreements: VAT Liability and Inflation Adjustments Clarified
Supreme Court clarifies when lessors may pass on VAT and adjust rent for inflation under lease contracts.
Fixed Term vs Unexpired Term: Clarifying Appointments in the Philippine Tourism Authority
The Supreme Court clarifies when a PTA General Manager serves a full six-year term versus only the unexpired portion of a predecessor's term.
Who Gets SSS Death Benefits When a Member Has Multiple Wives? A Primer on Beneficiary Rules
Philippine Supreme Court clarifies who qualifies as primary beneficiary under the SSS Law when a member leaves behind a legal spouse and common-law families.
Arson Proven by Circumstantial Evidence: Insurance Claims and Intent
The Supreme Court explains how circumstantial evidence, including over-insurance, can prove destructive arson beyond reasonable doubt.
Correct Penalty for Estafa: Clarifying the Discrepancy in Indeterminate Sentencing
The Supreme Court clarifies the correct indeterminate penalty for estafa under Article 315(2)(a), resolving conflicting rulings on how to compute the minimum term.
Litigating as an Indigent: Docket Fees, Forum Shopping, and Contempt in Philippine Courts
The Supreme Court clarifies indigent litigant rules, forum shopping certification, and contempt in Tokio Marine v. Valdez.
Regular Employee vs Independent Contractor: Security Guard Rights Under Labor Law
Supreme Court ruling clarifies when a security guard is a regular employee, not an independent contractor, and the rights that follow.
Moral Conduct on Trial: Upholding Ethical Standards in the Judiciary
Court personnel face dismissal for immoral conduct. This case shows why private morality matters for public trust in the judiciary.
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.
When Can the Sandiganbayan Try a Private Citizen? Serana v. Sandiganbayan
A UP student regent was charged with estafa over P15 million in public funds. The Supreme Court ruled the Sandiganbayan had jurisdiction over her and her private co-accused.