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 11291152 of 4,003 articles for tro

Lis Pendens and Ill-Gotten Wealth: Protecting Public Interest Through Property Notices

The Supreme Court reinstates a notice of lis pendens on Marcos property, clarifying how procedural rules serve, not defeat, the recovery of ill-gotten wealth.

Discernment Requirement for Minors: Key Lessons from Dorado v. People

Supreme Court clarifies that discernment, not intent, determines criminal liability of minors aged 15-18 under RA 9344.

Balancing Free Press and Confidentiality When Attorney Discipline Becomes a Public Matter

The Supreme Court clarifies when media reports on confidential lawyer disciplinary cases are protected by press freedom.

ERC v. Meralco: Only the Supreme Court Can Enjoin EPIRA Implementation

The Supreme Court rules that only it can enjoin EPIRA implementation, clarifying limits on RTC injunctive power over energy regulations.

Rape Conviction Affirmed: Contextual Testimony Enough to Prove Carnal Knowledge

The Supreme Court affirms a rape conviction, holding that a victim's contextual testimony can sufficiently establish carnal knowledge even without explicit anatomical detail.

Exhaustion of Administrative Remedies: Appealing MARINA Decisions to the Office of the President

When must MARINA decisions be appealed to the Office of the President before going to court? The Supreme Court clarifies the rule.

Protecting Children Upholding Stiffer Penalties for Child Abuse Under R.A. 7610

The Supreme Court affirms a conviction for child abuse under R.A. 7610, clarifying that physical abuse of a child is penalized more heavily than ordinary physical injuries.

Tenant Rights Under Urban Land Reform: Proving Legitimate Tenancy for Protection Against Eviction

The Supreme Court clarifies that only legitimate tenants with proof of tenancy, not mere occupants, receive protection under P.D. No. 1517.

Cargo Loss Liability: When Bad Weather Is Not a "Peril of the Sea"

Philippine Supreme Court clarifies when bad weather excuses a common carrier from cargo loss, defining "storm" and "peril of the sea."

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

When Can a Governor Contract Without Board Approval? Key COA Ruling

A governor must secure sanggunian approval for contracts unless a specific appropriation covers the project. Learn the rules from a 2016 COA case.

Premature Environmental Challenges Clarifying EIS Requirements in Public-Private Partnerships

Supreme Court clarifies when EIS and ECC duties arise in PPP projects, ruling that pre-bidding environmental challenges are premature.

Lawyer's Unfounded Bribery Accusation Against Prosecutor Draws Fine

Supreme Court fines a lawyer for baselessly accusing a prosecutor of bribery in pleadings, stressing limits of zealous advocacy.

Third-Party Claims in Labor Execution: Due Process and the Burden of Proof

The Supreme Court clarifies when a hearing is required for third-party claims in NLRC execution proceedings, and what claimants must prove.

Constitutional Ban on Land Ownership: Filipino Spouses and Foreign Nationals

The Supreme Court rules that land bought for a foreigner and titled in a Filipino spouse's name is void, reaffirming the constitutional ban.

Online Psychological Abuse Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies how social media authorship is proven and why ICT use raises penalties for psychological abuse under RA 9262.

Buy-Bust Operations and Chain of Custody: Key Lessons from People v. Eda

The Supreme Court affirms a drug conviction, clarifying the elements of illegal sale and possession and the rules on chain of custody under RA 9165.

Treachery Defined: How Eyewitness Testimony Secures Murder Convictions in the Philippines

The Supreme Court explains how treachery qualifies killing as murder and why a consistent eyewitness account outweighs an alibi defense.

Ensuring Chain of Custody: Safeguarding Drug Evidence in Philippine Law

How Philippine courts treat lapses in Section 21 drug evidence rules and why preserving the chain of custody remains decisive in drug cases.

Treachery Defined: How Sudden Attacks Qualify as Murder in Philippine Law

The Supreme Court explains treachery as a qualifying circumstance for murder, using a sudden shooting as a clear example of the rule.

Ejectment Actions: Distinguishing Forcible Entry From Unlawful Detainer in Property Disputes

Learn how Philippine courts distinguish forcible entry from unlawful detainer, and why the complaint's allegations determine jurisdiction in ejectment cases.

Rape of an Intoxicated Victim: Consent and Consciousness Under Philippine Law

The Supreme Court ruled that sex with a woman unconscious or deprived of reason from intoxication is rape, even without force.

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.