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 12251248 of 7,536 articles for heir

Implied Repeal and Administrative Regulations: The CTPL Insurance Case

The Supreme Court explains when a new administrative regulation impliedly repeals an earlier one, using the CTPL insurance integration case as an example.

Understanding Statutory Rape and Sexual Assault Under Philippine Law

A Supreme Court ruling clarifies the legal boundaries between statutory rape and sexual assault, and the importance of precise charges.

Understanding Psychological Incapacity in Philippine Marriages: The Calma Case

The Supreme Court clarifies psychological incapacity under Article 36 of the Family Code, emphasizing totality of evidence over rigid rules.

When Property Disputes Must First Go to Barangay Conciliation: Ngo v. Gabelo

The Supreme Court clarifies when failure to undergo barangay conciliation makes a property case dismissible, and why courts cannot simply suspend proceedings to cure the defect.

Compulsory Insurance for OFWs: When Agency-Hired Coverage Applies

The Supreme Court clarifies when overseas Filipino workers are covered by compulsory insurance, and what happens when contracts are renewed.

Employee Rights to Overtime, Holiday, and Service Incentive Leave Pay in the Philippines

The Supreme Court clarifies when workers are "field personnel" and their rights to overtime, holiday, and service incentive leave pay.

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.

Notarial Responsibilities and Lawyer Ethics: Lessons from Rivera v. Dalangin

A lawyer's duty to refuse notarizing unlawful documents and uphold honesty, explained through a recent Supreme Court ruling.

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal

The Supreme Court clarifies when the Ombudsman's inordinate delay in preliminary investigation violates the constitutional right to speedy disposition of cases.

When a Bank Fails: Jurisdiction Over Claims Against Banks Under Liquidation

Philippine Supreme Court rules on which court hears claims against a bank placed under PDIC liquidation, voiding orders from a court without jurisdiction.

Chain of Custody in Drug Cases: Why Broken Links Mean Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody, stressing the mandatory presence of insulating witnesses under RA 9165.

Speedy Disposition of Cases: When Ombudsman Delay Justifies Dismissal

The Supreme Court clarifies when Ombudsman delay violates the constitutional right to speedy disposition of cases, applying the Cagang guidelines.

Understanding Abuse of Rights When Legal Actions Cross Ethical Boundaries

When does the right to speedy disposition become a shield against inordinate delay? The Supreme Court clarifies in Catamco v. Sandiganbayan.

Bank Liquidation Jurisdiction and Claims Against Insolvent Banks in the Philippines

When a bank enters liquidation, all claims against it—including mortgage disputes—must be filed with the liquidation court, not regular courts.

Submitting Altered Evidence in Court: A Lawyer's Duty to Verify Documents

A lawyer who pre-marks altered evidence without verifying it faces discipline. The Supreme Court explains the duty of candor.

Chain of Custody in Drug Cases: Why Broken Links Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody. Learn the four links and insulating witness rules under RA 9165.

Understanding the Right to Speedy Disposition of Cases in Philippine Law: Insights from a Landmark Ruling

A look at the constitutional right to speedy disposition of cases and how the Supreme Court applied it in Catamco v. Sandiganbayan.

Balancing Procedural Rules and Substantive Justice in Criminal Appeals

The Supreme Court recalls an entry of judgment and reinstates a drug conviction appeal, showing when procedural lapses yield to substantive justice.

Illegal Dismissal and Wage Claims: Lessons from Lusabia v. Super K Drug Corporation

A Supreme Court ruling clarifies abandonment of employment, the employer's burden of proof in wage disputes, and remedies for illegally dismissed workers.

Maritime Liability in Vessel Collisions: Fault, Insurance Claims, and the Code of Commerce

When vessels collide, determining liability depends on the cause of action—contract or tort. The Supreme Court clarifies the governing rules.

Understanding Illegal Dismissal When Mistakes Dont Justify Firing

Philippine Supreme Court clarifies when retrenchment is illegal dismissal, requiring proof of losses and fair selection criteria.

Particularity in Search Warrants: What Diaz v. People Means for Your Rights

The Supreme Court explains when a search warrant's description of a place is sufficiently particular under the Constitution, using Diaz v. People.

Understanding Drug Transportation and Chain of Custody Rules From a Landmark Philippine Case

A Supreme Court ruling on a buy-bust case clarifies when lapses in the chain of custody of seized drugs can lead to acquittal.

Understanding Unlawful Detainer When Tolerance Must Be Proven in Property Disputes

The Supreme Court explains when an owner cannot use unlawful detainer to evict occupants without proving clear tolerance or permission.