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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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Showing 12529–12552 of 25,411 articles

Treachery in Criminal Law: Ensuring Justice for Victims of Unprovoked Attacks

How Philippine courts apply treachery to qualify killings as murder, explained through the Supreme Court's ruling in People v. Gidoc.

Dividends Follow the Shares in Ill-Gotten Wealth Cases, SC Rules

In ill-gotten wealth cases, dividends and fruits follow ownership of the shares, the Supreme Court ruled in Cojuangco v. Sandiganbayan.

Notice of Lis Pendens: How It Affects Mortgagees and Subsequent Property Transactions

Learn how a notice of lis pendens binds mortgagees and buyers, and why a court order alone does not cancel it under Philippine law.

Second Chances Reinstating Disbarred Lawyers Through Judicial Clemency

Court Interpreter Dismissed and Fined for Dishonesty and Grave Misconduct

Court interpreter who forged a judge's signature to defraud litigants is dismissed and fined P40,000 for dishonesty and grave misconduct.

Chain of Custody in Drug Cases: Safeguarding Evidence Integrity

Why the Supreme Court acquitted a drug suspect over broken chain of custody, and what it means for prosecutions.

Good Faith and the Lis Pendens Rule: Lessons from Cunanan v. Jumping Jap Trading

A Supreme Court ruling shows why a cancelled notice of lis pendens does not always protect a mortgagee, and how bad faith can void a real estate mortgage.

CIAC Jurisdiction Prevails Over Contractual Conditions Precedent in Construction Arbitration

Philippine Supreme Court rules CIAC retains jurisdiction over construction disputes even when parties fail to comply with contractual conditions precedent like DAB referral.

Solicitation Ban Upholding Integrity in the Judiciary

Court personnel dismissed for soliciting from bonding companies using fake Supreme Court letterheads. Learn the rules on improper solicitation.

Piercing the Corporate Veil: When a Principal Becomes the True Employer in Labor-Only Contracting

When is a principal the real employer? The Supreme Court clarifies labor-only contracting rules in Iligan Cement Corporation v. IEWU-SPFL.

Voice Identification in Rape Cases: Ensuring Justice Through Reliable Testimony

How Philippine courts accept voice identification in rape cases, and why a victim's long familiarity with the accused makes it credible.

Breach OF Trust IN Employment When Does A Mistake Justify Dismissal

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

Upholding Judicial Authority When Disrespect AND Insubordination Lead TO Suspension

The Supreme Court suspends a court process server for one year for gross insubordination and simple misconduct toward his judge.

Sheriffs Accountability Receiving Unauthorized Payments AND Neglecting Duty

Supreme Court rules on sheriff's liability for receiving unauthorized payments and dereliction of duty in implementing writs of execution.

When a Dismissal for Breach of Trust Goes Too Far: Gulf Air v. Reyes

The Supreme Court ruled that not every company-rule violation justifies dismissal. In Gulf Air v. Reyes, an inadvertent breach led to suspension, not termination.

Party-List Disputes and Comelec Rehearing Rules: The Alagad Case

How the Supreme Court clarified Comelec rehearing rules when internal party-list disputes deadlock the Commission En Banc.

Abuse OF Parental Authority Upholding Justice FOR Victims OF Incestuous Rape

Quashal vs Provisional Dismissal: Understanding the Nuances of Criminal Procedure in the Philippines

The Supreme Court clarifies the key differences between a motion to quash and provisional dismissal under Rule 117, and why the time-bar rule does not apply to quashal orders.

Retirement Benefits: Employer's Duty Beyond Initial Retirement

Retired employee continues working; Supreme Court clarifies prescription, retirement pay computation, and employer obligations under Philippine law.

Speedy Trial Rights: When Delay Is Not a Violation

The Supreme Court explains when delays in criminal prosecution do not violate the right to speedy trial, and the limits of double jeopardy.

Tolerance in Unlawful Detainer: When Permission Becomes a Possession Dispute

Philippine Supreme Court clarifies when tolerated possession becomes unlawful detainer and how courts resolve ownership questions in ejectment cases.

Speedy Trial Rights When Agreement Nullifies Delay In Securities Act Cases

Supreme Court ruling on when an accused's agreement to defer trial negates claims of speedy trial violation in securities cases.

Lost Appeals When Negligence Bars Justice in Philippine Courts

Philippine Supreme Court affirms dismissal of an appeal for failure to file brief on time, stressing that the right to appeal is a mere statutory privilege.