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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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Showing 11593–11616 of 25,409 articles

Confessions to Media and Circumstantial Evidence in Robbery With Homicide Cases

Supreme Court ruling on when media confessions and circumstantial evidence suffice to convict in robbery with homicide cases.

Filling Sanggunian Vacancies: The Strict Rules on Party Nomination and Membership

Supreme Court clarifies that filling Sanggunian vacancies requires bona fide party membership and nomination from the highest party official.

Electoral Integrity: COMELEC Division Authority and Ballot Preservation in Election Protests

A 2010 Supreme Court ruling on COMELEC division jurisdiction, ballot integrity, and the proper conduct of election protests.

Vacation Leave and Training Costs: Balancing Employer Discretion and Employee Rights

The Supreme Court ruled that employers may schedule vacation leave under a CBA, but cannot pass in-service training costs to security guards. Learn what this means.

Appointment in Civil Service: The Indelible Right Despite Administrative Lapses

A valid civil service appointment takes effect immediately and remains effective until disapproved by the CSC—even if submission was delayed.

COMELEC En Banc Acts Without Jurisdiction in Election Appeal: Eriguel v. COMELEC

Supreme Court nullifies COMELEC en banc ruling in mayoralty protest for lack of jurisdiction and failure to ensure ballot integrity.

Off-Line International Carriers Taxed at 32% on Philippine Income, SC Rules

SC clarifies off-line carriers selling tickets in PH pay 32% income tax, not 2.5% GPB rate; refund claim remanded.

Party Expulsions and Due Process: When Can a Political Party Remove Members

The Supreme Court clarifies that political party expulsions are internal matters, not subject to constitutional due process requirements.

Sheriffs Must Follow Rules in Executing Money Judgments

A sheriff's failure to remit collected judgment payments to the clerk of court led to a one-year suspension. Learn the proper procedure under Rule 39.

Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution

The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.

Prior Physical Possession Prevails in Forcible Entry Cases: Lagazo v. Soriano

Philippine Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases. Learn the rule from Lagazo v. Soriano.

Employers' Liability for Employee Negligence: Diligence in Selection and Supervision

Philippine Hawk Corp. v. Lee explains when employers are liable for employee negligence and how to prove diligence in selection and supervision.

Ombudsman Cannot Intervene in Appeals of Its Own Decisions: Impartiality in Administrative Cases

The Supreme Court rules the Ombudsman cannot intervene in appeals of its own decisions, preserving impartiality in administrative cases.

Delayed Remittance of Court Funds: When a Clerk of Court Faces Administrative Liability

A clerk of court kept court funds for nearly a year. The Supreme Court explains why delay alone is gross neglect of duty.

Loss of Confidence and Employer Liability: Philippine Hawk v. Tan Lee

Philippine Hawk v. Tan Lee clarifies employer liability for employee negligence, loss of confidence, and damages in quasi-delict cases under Philippine law.

Enforced Disappearance Balancing Evidentiary Standards AND Government Accountability

When the Ombudsman Cannot Intervene in Appeals of Its Own Decisions

The Supreme Court rules the Ombudsman cannot intervene in appeals of its decisions, preserving its role as impartial adjudicator.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Protecting the Vulnerable: Upholding the Testimony of Child Victims in Statutory Rape Cases

The Supreme Court affirms a statutory rape conviction, detailing how courts assess child victim testimony and award damages.

Treachery in Criminal Law: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, raising homicide to murder under Philippine law.

Philippine Taxation of International Air Carriers: Income Tax for Off-Line Operations

Off-line international air carriers selling tickets in the Philippines are subject to 32% income tax, not the 2.5% gross Philippine billings tax.

Upholding Contractual Obligations Denying A Debtors Attempt TO Evade Payment

The Weight of Eyewitness Testimony: Evaluating Credibility in Vehicular Negligence Cases

How Philippine courts weigh eyewitness accounts and evidence in vehicular negligence cases, explained through a recent Supreme Court ruling.

Loss of Confidence as a Valid Ground for Dismissal: When Employers Can Terminate Trusted Employees

The Supreme Court clarifies when loss of confidence justifies dismissing managerial employees, requiring only some basis, not proof beyond reasonable doubt.