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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 11617–11640 of 25,409 articles

Eminent Domain and Just Compensation: Lessons from City of Iloilo v. Javellana

The Supreme Court clarifies when just compensation is reckoned in expropriation cases and penalizes the government for delayed payment.

Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers

When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.

Perpetual Employment Contracts: Labor Rights and Management Prerogatives Under Philippine Law

The Supreme Court rules on perpetual employment contracts, labor arbiter jurisdiction, and the balance between worker protection and management rights.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Contractual Obligations Survey Requirement Prevails Over Rescission Rights IN Land Sale Agreements

Supreme Court rules survey obligation in land sale contracts prevails over rescission rights, clarifying breach requirements under Philippine law.

In Land Sales, Survey Duty Prevails Over Payment Deadlines

Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.

Supreme Court Upholds Judiciary’s Exclusive Power Over Legal Fees, Denies GSIS Exemption

The Supreme Court denies GSIS’s claim of exemption from legal fees, affirming the judiciary’s exclusive rule-making power under the Constitution.

Parricide Conviction Upheld: Circumstantial Evidence and Defenses of Accident and Intoxication

Supreme Court affirms parricide conviction based on circumstantial evidence, rejecting defenses of accident and intoxication in spousal killing.

Inventory of Estate: Donated Property Must Be Included for Collation Among Heirs

Supreme Court rules donated property must be included in estate inventory for collation, even if the deed was not notarized or registered.

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.

Judicial Misconduct: The High Cost of Incorrigible Ignorance in the Philippine Judiciary

A judge's fourth gross ignorance conviction leads to dismissal. Learn the rules judges must follow and why persistence in error is fatal.

Voluntary Submission to Jurisdiction: Filing a Motion Without Reservation Waives Objections to Improper Servic

Filing any motion seeking affirmative relief without expressly reserving a special appearance waives objections to improper service of summons.

Separation of Powers: Court Upholds Its Authority Over Sequestered SMC Shares

The Supreme Court reaffirms the separation of powers doctrine in denying reconsideration of its ruling allowing the conversion of sequestered SMC shares.

Safeguarding Elections: Upholding Comelec’s Discretion in Automated Election System Implementation

The Supreme Court affirms Comelec’s discretion in awarding the 2010 automated election project, rejecting speculative challenges to the PCOS system.

Supreme Court Nullifies Dinagat Islands Creation: Land Area and Population Rules Under the Local Government Co

The Supreme Court struck down R.A. 9355 creating Dinagat Islands for failing the Local Government Code's land area and population requirements.

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

GSIS Contributions: Can Dismissed Government Employees Recover Their Personal Shares?

Philippine Supreme Court ruling on whether dismissed government employees can recover personal GSIS contributions and premiums.

Entrapment vs Instigation: Defining the Boundaries in Drug Sale Convictions

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug cases, affirming a buy-bust conviction.

Burden of Proof in Conspiracy: Protecting Employees from Unjust Dismissal

When employers claim conspiracy to justify dismissal, the Supreme Court requires clear and convincing evidence, not mere assumptions. Learn from Sargasso v. NLRC.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

VAT Refund Denied for Failure to Print "Zero-Rated" on Invoices

Philippine Supreme Court rules that failure to print "zero-rated" on sales invoices bars VAT refund claims, even for exporters.

Work Related Illness Proving Increased Risk FOR Compensation Claims

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

VAT Refund Eligibility Excess Creditable VAT Withheld MAY BE Refunded AS Erroneously Collected TAX