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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Ombudsman Discretion in Preliminary Investigations: Limits of Judicial Review in the Philippines
The Supreme Court clarifies the scope of judicial review over prosecutorial findings in preliminary investigations, emphasizing the standard of grave abuse of discretion.
Upholding Client Trust Attorney Suspended FOR Misappropriating Funds AND Neglecting Legal Duty
Protecting Child Rape Victims: The Supreme Court on Testimony and Credibility
A look at how Philippine courts treat the testimony of child rape victims and the rules on credibility in these sensitive cases.
Cashier's Checks and Bank Insolvency: When a Holder's Claim Is Not a Preference
A depositor's unpaid cashier's checks from a failed bank are disputed claims in liquidation, not automatic preferences. The Supreme Court explains why.
Fixed-Term Government Officials: Security of Tenure and Dismissal Rules
Fixed-term officials like the KWF chair enjoy security of tenure. Dismissal requires just cause and due process, as the Supreme Court clarified.
Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?
The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.
Breach of Marital Vows: Attorney's Immoral Conduct and the Legal Profession
Supreme Court rules on lawyer-client affair, immorality as professional misconduct, and penalties for breaching marital vows.
The Limits of Administrative Authority: Personal Misconduct vs Official Duties
When does a judge's personal relationship become an administrative liability? The Supreme Court clarifies the line between personal conduct and official duty in this ruling on judicial delay.
Res Judicata Bars Re-Litigating Security of Tenure in Agrarian Disputes
Philippine Supreme Court ruling on how final judgments bar re-litigation of security of tenure claims in agrarian disputes.
Seasonal Work vs Regular Employment: Security of Tenure in Philippine Labor Law
When are "seasonal" workers considered regular employees? The Supreme Court clarifies the distinction and its impact on security of tenure.
Tolerance Ends Unlawful Detainer AND Property Rights IN THE Philippines
When does tolerated possession become unlawful detainer? The Supreme Court clarifies the rules on jurisdiction, demand, and ownership claims.
COA Overpayment Recovery Upheld: Quantum Meruit in Government Contracts
Supreme Court affirms COA's order for a contractor to return overpayments, clarifying quantum meruit and due process in government audit cases.
Execution of Intra-Corporate Judgments: When Reliefs Align With the Dispositive Portion
Philippine Supreme Court clarifies when a motion for execution may seek reliefs that go beyond a judgment's dispositive portion in intra-corporate disputes.
Rape in the Victim's Home: When Dwelling Aggravates the Crime
Philippine Supreme Court explains when "dwelling" aggravates rape, and how RA 9346 changed the penalty from death to reclusion perpetua.
Failure to Appear at Judgment Promulgation: Losing Legal Remedies in Criminal Cases
In criminal cases, skipping judgment promulgation without justifiable cause forfeits remedies like appeal or reconsideration. The Supreme Court explains.
Duty to Prosecute: Dismissal for Failure to Actively Pursue a Case
Philippine Supreme Court clarifies when a case may be dismissed for failure to prosecute, and what counts as justifiable cause.
Employee Status Under the Control and Economic Reality Tests in Labor Disputes
The Supreme Court clarifies how the control test and economic reality test determine employee status in Philippine labor law.
Equitable Mortgage vs Option to Buy: Distinguishing Intent in Property Transactions
Philippine Supreme Court clarifies when a sale with option to buy becomes an equitable mortgage, and the evidence needed to prove it.
Breach OF Professional Conduct Upholding Client Interests AND Ethical Duties IN Legal Practice
Loss of Trust and Confidence: When Can an Employer Dismiss an Employee?
Philippine Supreme Court clarifies the legal standard for dismissing an employee on grounds of loss of trust and confidence.
Land Reform Heirs' Rights and the Social Function of Land Ownership
Supreme Court ruling on PD 27 land reform: heirs, not former owners, hold rights to beneficiary's farmland even amid unpaid amortizations.
Ombudsman Authority and Administrative Liability: The Barillo Case on Dishonesty in Public Service
Explaining the Supreme Court's ruling on administrative liability for dishonesty in public service, citing the Barillo case and its implications.
Breach of Parental Trust: Rape of a Minor and the Abolition of the Death Penalty
The Supreme Court affirms a father's qualified rape conviction but reduces the death penalty to reclusion perpetua under R.A. 9346.
Upholding Finality When CAN Land Reclassification Be Contested
Philippine Supreme Court ruling on land conversion finality, real party interest, and agrarian reform beneficiary status under CARL.