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 11771200 of 4,035 articles for tro

Identity Theft in the Legal Profession: Striking a Fraudulent Attorney From the Roll

A man used his brother's identity to pass the Bar. The Supreme Court struck the name from the Roll and barred him forever.

Bail and Humanitarian Considerations: Balancing Constitutional Rights and Individual Circumstances

The Supreme Court affirms that bail may be granted on humanitarian grounds, weighing an accused's health and flight risk against constitutional rights.

Loss of Confidence as a Dismissal Ground: When Employers Cannot Claim It

The Supreme Court clarifies that loss of confidence cannot be a simulated or afterthought ground for dismissing a managerial employee.

Citizenship Dispute in Disbarment Case Dismissed for Lack of Direct Attack

Disbarment case dismissed because citizenship cannot be attacked collaterally; direct action required.

Safeguarding Speedy Trial Rights Dismissal FOR Prolonged Delays IN Ombudsman Cases

The Supreme Court clarifies when prolonged Ombudsman delays violate the constitutional right to speedy disposition of cases.

When Direct Testimony Outweighs Forgery Claims in Philippine Land Sales

Supreme Court ruling on how direct testimony of a witness can overcome forgery allegations in a disputed land sale.

Forfeiture Clauses Balancing Employer Protection AND Employee Rights IN Commission Disputes

Philippine Supreme Court clarifies when commission forfeiture clauses in employment contracts are valid and enforceable.

Conditional Sales vs. Adverse Claims: Protecting Property Interests in the Philippines

Learn how the Supreme Court in Logarta v. Mangahis distinguishes conditional sales from adverse claims, and the proper registration rules under PD 1529.

Dismissal Due to Failure to Present Corpus Delicti: Safeguarding Drug Evidence in Philippine Courts

Philippine Supreme Court acquits drug suspect over broken chain of custody, underscoring the need to preserve corpus delicti in drug cases.

Beyond the Road: Field Personnel Status and Overtime Rights for Bus Employees in the Philippines

Supreme Court ruling clarifies that bus drivers and conductors are not field personnel, entitling them to overtime and service incentive leave pay.

Chain of Custody Imperative: Safeguarding Drug Evidence Integrity in Philippine Law

The Supreme Court acquits drug suspects when police fail to follow Section 21 inventory and photograph rules, underscoring evidence integrity.

Forum Shopping in Annulment Cases: A Lawyer's Suspension and the Integrity of Legal Processes

A prosecutor's suspension for filing two marriage dissolution petitions in different courts highlights the strict rule against forum shopping.

Coca-Cola Route Helpers: Regular Employees Despite Agency Transfers

Philippine Supreme Court rules route helpers remain regular Coca-Cola employees despite transfers to labor contractors, applying stare decisis.

Employer's Duty to Bargain and the Consequences of Unfair Labor Practices

Philippine Supreme Court ruling on employer's duty to bargain with the certified union and the consequences of unfair labor practices.

Right of Way Ownership: Servient Estate and Easement Acquisition Rules

Supreme Court clarifies who owns a road right of way and how easements are acquired under Philippine law.

Upholding Drug Conviction Despite Procedural Lapses: Chain of Custody and Section 21 Compliance

The Supreme Court affirms a drug conviction despite Section 21 lapses, explaining when procedural non-compliance does not affect guilt.

Labor-Only Contracting: When a Principal Becomes the True Employer

The Supreme Court clarifies when a contractor is merely a labor-only contractor and who may question that arrangement.

Reckoning the Two-Year Prescriptive Period for DST Refund Claims: PBCom v. CIR

When does the two-year prescriptive period for a documentary stamp tax refund claim begin for metering machine users? The Supreme Court settles the rule.

Judicial Stability: Why Co-Equal Courts Cannot Interfere With Each Other's Judgments

Philippine Supreme Court explains the doctrine of judicial stability, barring co-equal courts from interfering with each other's orders and judgments.

Navigating Property Disputes: The Crucial Role of Assessed Value in Determining Court Jurisdiction

The Supreme Court clarifies res judicata and jurisdiction rules in property disputes, emphasizing the importance of assessed value in determining which court has authority.

Equitable Title Prevails: Understanding Ownership Through Deeds of Sale and Possession

Explore how the Supreme Court ruled that equitable title, not just a deed, determines ownership in quieting of title cases.

Breach of Contract and Surety Bonds: When Extensions Don't Discharge a Surety

A contractor's failure to complete works on time triggers liability for breach and its surety's bond, even when extensions are granted.

Depositions Abroad: Balancing Convenience and Due Process in Philippine Civil Suits

The Supreme Court clarifies when a foreign plaintiff residing abroad may take deposition outside the Philippines for direct testimony in a Philippine civil case.

Breach of Trust: Upholding Termination for Unauthorized Disclosure and False Certifications in Banking

Philippine Savings Bank v. Barrera clarifies when banks may validly dismiss officers for breach of trust, unauthorized disclosures, and false certifications.