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 97120 of 522 articles for memorandum

Speedy Disposition of Cases: Key Lessons from a Landmark Sandiganbayan Ruling

A Supreme Court ruling clarifies when prescription runs and how delays in preliminary investigation can violate the right to speedy disposition.

Prescription and Speedy Disposition in Philippine Criminal Cases: Key Insights

A Philippine Supreme Court ruling clarifies when the prescriptive period for graft cases begins and what constitutes inordinate delay.

Administrative and Criminal Liability: Prescription and Speedy Disposition Lessons from Perez v. Sandiganbayan

The Supreme Court clarifies prescription and speedy disposition rules in graft cases, balancing public accountability with the accused's rights.

Intervention Rights in Property Disputes: The PRA Reclamation Case Explained

When can a third party intervene in a property dispute? The Supreme Court clarifies the rules in a reclamation case involving the Philippine Reclamation Authority.

Navigating Employee Benefits and Disallowance: Understanding the Scope and Limits of Government Health Program

The Supreme Court clarifies the limits of government health benefits for GOCC employees, explaining when disallowances apply and who bears liability.

Unlawful Detainer vs Accion Publiciana: Key Property Dispute Lessons

Learn how the Supreme Court distinguishes unlawful detainer from accion publiciana, and why forum shopping can void administrative rulings.

Navigating Procedural Requirements and Due Process in Philippine Consumer Complaints

A look at how the Supreme Court balanced procedural rules and due process in consumer complaints before the DTI.

Understanding the Prohibition on Fringe Benefits for COA Personnel: Insights from a Landmark Ruling

A Supreme Court ruling clarifies why COA personnel cannot accept fringe benefits from audited agencies, based on Section 18 of RA 6758.

Navigating Tax Exemptions for Non-Profit Clubs: The Supreme Court's Ruling on Membership Fees

The Supreme Court clarifies that membership fees and assessment dues of recreational clubs are not subject to income tax and VAT.

Public Bidding Violations and Accountability: Lessons from the QUEDANCOR Swine Program Case

The Supreme Court clarifies when government credit programs fall outside RA 9184's procurement rules, and how administrative liability attaches.

Mandatory SSS Coverage for Filipino Seafarers: What the Supreme Court Said

The Supreme Court upheld the mandatory SSS coverage of Filipino seafarers under RA 11199, ruling it constitutional and valid.

Bad Faith Dismissals: PBAC Members Liable for Irregular Government Procurement

A provincial legal officer's dismissal for grave misconduct shows how PBAC members face liability for bad faith in government procurement.

When the Ombudsman Can Dismiss Graft Cases: Ownership Disputes and Certiorari Limits

Explaining when the Ombudsman may dismiss a graft complaint that hinges on a property ownership dispute, and why certiorari cannot cure errors of judgment.

When Can You Challenge an Ombudsman Dismissal? Certiorari Limits Explained

Explore the Supreme Court's ruling in Dormido v. Ombudsman on why certiorari cannot cure errors of judgment in graft case dismissals.

Substantial Evidence in Labor Dismissals: When the Supreme Court Steps In

Explore when the Supreme Court reviews factual findings in labor cases, and how substantial evidence supports valid employee dismissal.

Matibag v. Dangerous Drugs Board: CES Eligibility and Security of Tenure Explained

The Supreme Court clarifies that Career Service Executive Eligibility (CSEE) alone does not guarantee security of tenure in CES positions.

Demurrage and Detention Fees: Supreme Court Clarifies Tax Treatment for International Shipping

The Supreme Court ruled demurrage and detention fees are subject to regular corporate income tax, not the preferential Gross Philippine Billings rate.

Hereditary Succession in Agrarian Reform: Supreme Court Ruling on Tenant Beneficiary Rights

The Supreme Court clarifies how farmholdings under PD 27 pass to heirs, emphasizing DAR's authority over succession and owner-cultivator selection.

Accountants Liability Scope Of Responsibility In Disallowed Government Transactions

Supreme Court clarifies when government accountants may be excused from solidary liability for disallowed payments under COA rules.

Lawyer Suspended for Dishonored Loan and Disregard of Legal Processes

A lawyer was suspended one year and fined for failing to pay a loan, issuing a bouncing check, and ignoring IBP proceedings.

Sale vs Agency: When Unpaid Vendors Are Not Guilty of Estafa

The Supreme Court clarifies when a failed real estate deal is a breach of contract, not estafa, and why unpaid vendors cannot be criminally liable.

Fixed-Term Contracts vs Security of Tenure: Protecting Employee Rights in the Philippines

The Supreme Court clarifies when fixed-term employment contracts are valid and when they violate an employee's security of tenure under Philippine law.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Falcis v. Civil Registrar General: Why the Supreme Court Declined to Rule on Same-Sex Marriage

The Supreme Court dismissed the petition seeking to legalize same-sex marriage in the Philippines, ruling on procedural grounds without deciding the constitutional merits.