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 377 articles for procedure

The 60-Day Rule on Suspension of Arraignment: A Philippine Supreme Court Case Insight

Learn how the 60-day limit on suspending arraignment under Rule 116 protects the right to speedy trial, explained through a 2020 Supreme Court ruling.

Understanding Jurisdiction in Agrarian Reform Disputes: Insights from a Landmark Philippine Supreme Court Case

Learn how the Supreme Court clarified jurisdiction over agrarian reform disputes in Land Bank v. Heirs of Divinagracia, a key Philippine property law case.

Client’s Death and Counsel’s Duty: The 30-Day Notification Rule Under Section 16, Rule 3

A lawyer must notify the court within 30 days of a client’s death and name the legal representatives—or face disciplinary action.

Slightest Penetration Rule in Philippine Rape Law: What It Means

Philippine law treats rape as consummated by the slightest penetration, even mere touching of the labia majora. Here's what the Supreme Court ruled.

Warrantless Searches and Anonymous Tips: The Sapla Ruling on Police Powers and Privacy Rights

The Supreme Court clarifies when police may conduct warrantless vehicle searches and why anonymous tips alone cannot justify intrusive searches.

Understanding the Impact of Timely Appeals on Land Registration Disputes in the Philippines

Learn how the Supreme Court handles land registration appeals, the importance of timely filing, and key procedural rules.

Transferee Pendente Lite in Trademark Assignments: The Sunfire Trading Case

Learn how the Sunfire Trading ruling clarifies that buying a trademark during litigation binds the buyer to the case's outcome.

Vicarious Liability and Common Carrier Duties: The Mendoza Case Explained

Learn how the Mendoza ruling clarifies employer liability for employee negligence and the obligations of common carriers in the Philippines.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.

Pre-Existing Conditions and Seafarer Disability Claims: Employer Obligations

A seafarer's pre-existing hypertension claim for disability benefits fails when he fails to follow the POEA-SEC process.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Preliminary Investigation Is a Substantive Right: Lessons from Palacios v. People

The Supreme Court rules that denying a reinvestigation based on procedural guidelines violates due process when the accused was never notified.

Safeguarding Rights: The Importance of Witness Presence in Drug Cases

Explore why the Supreme Court acquitted a drug suspect due to missing required witnesses during inventory, highlighting crucial procedural safeguards.

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Supreme Court Fines Judge for Indefinite TRO and Delay in Resolving Case

SC penalizes judge for issuing an indefinite TRO and for undue delay, clarifying rules on multiple administrative offenses.

Reasonable Doubt and the Chain of Custody Rule in Philippine Drug Cases

A look at how the Supreme Court acquitted a drug suspect due to police lapses in the chain of custody, reinforcing the protection of individual rights.

AWOL and Dropping from the Rolls: Employee Rights Under Philippine Law

Learn the rules on AWOL in the Philippine civil service, including the 30-day rule, non-disciplinary separation, and employee rights.

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory, reinforcing strict chain of custody rules.

The Five-Year Rule on Execution of Judgments: Villareal v. MWSS Explained

Winning a case is only half the battle. Learn the five-year rule on executing judgments and why delay can void a writ.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

One Specific Offense Rule: Search Warrants and the Limits of General Warrants

The Supreme Court nullified a search warrant covering both the Securities Regulation Code and estafa, affirming the one-specific-offense rule.