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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 11905–11928 of 25,409 articles

Rape of a Mentally Retarded Person: Court Upholds Conviction and Justice

The Supreme Court affirms the rape conviction of a man who sexually assaulted a mentally retarded woman, clarifying the rules on consent, evidence, and penalties.

Upholding the Right to Organize: How the Supreme Court Scrutinizes Union Registration Objections

In Heritage Hotel Manila v. PIGLAS-Heritage, the Supreme Court rejected technical objections to union registration and affirmed the workers' right to self-organization.

Judicial Independence Prevails: Courts Must Independently Assess Criminal Cases Despite DOJ Resolutions

Courts must independently assess criminal cases despite DOJ resolutions. The Barbieto case clarifies judicial discretion in injunctive relief.

Deed of Sale Presumed Valid Absent Clear Proof of Fraud

Supreme Court clarifies that notarized deeds of sale enjoy presumption of authenticity; challengers must present clear and convincing evidence of fraud.

Filial Support When Grandparents Share the Duty to Support Grandchildren

When parents cannot support their children, grandparents may be obliged to help. The Supreme Court explains how this duty works.

Judicial Overreach: Defining the Limits of Disciplinary Authority in the Philippine Judiciary

A Supreme Court ruling clarifies that executive judges cannot unilaterally impose penalties on court personnel, reaffirming the Court's exclusive disciplinary power.

Easement of Right of Way: Actual Knowledge Binds Even Without Registration

A registered owner cannot ignore an existing right of way he knows about, even if the easement is not annotated on the title.

Probable Cause and Witness Credibility in Preliminary Investigations for Murder

Supreme Court clarifies how prosecutors should weigh witness credibility and probable cause in murder preliminary investigations.

Mortgage Rights Prevail Over Prior Unregistered Sale: Good Faith Purchasers Protected

Philippine Supreme Court ruling on how a registered mortgage prevails over an earlier unregistered sale, protecting good faith purchasers.

Public Hearing Imperative Invalidating Ordinances Without Community Input

A municipal ordinance imposing goodwill fees without a valid prior public hearing is void, the Supreme Court rules.

Article 448 and Final Judgments: Clarifying an Incomplete Fallo in Property Disputes

A Supreme Court ruling on when courts may complete an ambiguous dispositive portion even after finality, applying Article 448.

Witness Credibility AND Treachery IN Murder Examining Circumstantial Inconsistencies

Forcible Entry: Prior Possession Matters More Than Land Ownership

Philippine Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who stays on the property.

Navigating Improvements on Another's Land: Understanding Builders' Rights in Philippine Property Disputes

Learn how Philippine courts handle improvements built on another's land, including the landowner's options under Article 448 of the Civil Code.

Syndicated Illegal Recruitment and Estafa: When a Travel Agency Owner Is Liable for Overseas Employment Scams

A travel agency owner's conviction for syndicated illegal recruitment and estafa affirmed by the Supreme Court in People v. Adeser.

Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Crimes

Learn how Philippine courts punish syndicated illegal recruitment and estafa, based on a Supreme Court ruling on fake overseas job schemes.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

Ethical Boundaries FOR Lawyers Avoiding Misleading Claims AND Upholding Court Dignity

Litis Pendentia: When the First-Filed Case Must Yield to a More Appropriate Action

The Supreme Court explains when a first-filed case may be dismissed for litis pendentia in favor of a more appropriate later action.

Banking Law: Directors Borrowing and the Necessity of Board Approval

Philippine Supreme Court ruling clarifies when bank directors and officers may borrow from their own bank and why board approval is mandatory.

Republication of Foreclosure Sale Notices: Protecting Third-Party Rights

When a foreclosure sale is postponed, the notice must be republished and reposted. The Supreme Court explains why in Metrobank v. Nikko Sources.

Arbitration Prevails: Upholding Agreements Amid Contractual Disputes

The Supreme Court affirms that arbitration clauses survive main contract disputes, reinforcing the doctrine of separability in Philippine law.

Self-Defense in the Philippines: Proving Unlawful Aggression for Justification

Learn how Philippine courts test self-defense claims, focusing on the indispensable element of unlawful aggression, from People v. Aburque.

Dacion en Pago Perfecting Ownership Despite Prior Encumbrances

Philippine Supreme Court ruling on dacion en pago, mortgage liens, and the right to compel surrender of a certificate of title.