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 12491272 of 2,303 articles for writ

Reciprocity in Medical Practice: Balancing National Laws and Professional Licensing

The Supreme Court clarifies the reciprocity requirement for foreign doctors in the Philippines, ruling on what evidence suffices under the Medical Act.

Failure to Present Logbook and Follow Due Process Makes Seafarer Dismissal Illegal

Supreme Court rules a seafarer's dismissal was illegal where the employer relied only on fax messages and failed to observe the two-notice rule.

Dismissal Based on Theft: Upholding Employee Termination for Unauthorized Disposal of Company Property

Supreme Court rules on valid dismissal for theft of company property and the due process requirements in employee termination cases.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Who Pays When Cargo Vanishes: Defining Responsibility in Shipping Losses

When a shipment disappears in a terminal, who bears the loss? The Supreme Court clarifies arrastre liability and insurance subrogation.

Simulated Sales: When Continued Possession Trumps a Deed of Sale

Philippine Supreme Court ruling on simulated sales: continued possession and tax payments can nullify a deed of absolute sale.

Conspiracy in Estafa: How Courts Prove Joint Criminal Design

The Supreme Court explains how conspiracy in estafa is proven through overt acts, not direct evidence, in Aquino v. Paiste.

Sheriff's Overzealous Writ Execution: Grave Abuse of Authority and Citizen's Rights

When a sheriff's writ execution crosses the line into illegal detention and premature demolition, the Supreme Court steps in to protect citizens' rights.

Reopening a Preliminary Investigation Does Not Prove Prosecutorial Partiality

Supreme Court clarifies that reopening a preliminary investigation is not proof of bias under the Anti-Graft law, absent evidence of bad faith.

Senior Citizen Discounts: Tax Credit vs. Deduction Under RA 7432

The Supreme Court clarifies that under RA 7432, the 20% senior citizen discount is a tax credit, not a mere deduction from gross income.

Sheriffs Must Execute Writs Promptly: Lessons from Dacdac v. Ramos

A sheriff's four-year delay in issuing a certificate of sale drew administrative liability. Learn the rules on execution of judgments.

Sheriffs Must Execute Court Orders Promptly: Lessons from an Administrative Case

A sheriff's delay in issuing a certificate of sale led to administrative liability. Learn the duty of sheriffs in executing judgments.

Contractual Obligations Upholding Interest AND Penalties IN Land Purchase Agreements

Philippine Supreme Court rules buyers must pay stipulated interest and penalty charges in land purchase agreements, even if onerous.

Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal

Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

Overcoming Laches Establishing Ownership Despite Delays In Contested Land Titles

Explore how laches can bar registered owners from recovering land despite delays, and why failing to implead indispensable parties is fatal.

Evaluating Witness Credibility When a Trial Court’s Findings Prevail in Homicide Cases

How Philippine courts weigh witness credibility in homicide cases, why trial court findings prevail on appeal, and the role of circumstantial evidence.

Partnership vs Loan: Proving the True Nature of Money Transfers in Family Business Disputes

When is a transfer of funds a loan rather than a share of profits? The Supreme Court clarifies the rules of evidence in family business disputes.

Proving Just Cause in Retrenchment and Redundancy: Lessons from AMA Computer College

Learn what employers must prove for valid retrenchment or redundancy dismissals, and why AMA Computer College's termination of two employees was ruled illegal.

When Attached Property May Be Sold Before Judgment: China Banking Corp. v. Asian Construction

The Supreme Court clarifies when attached properties may be sold before final judgment under Rule 57, Section 11 of the Rules of Court.

Certiorari vs Appeal: Choosing the Proper Remedy in Philippine Law

Philippine Supreme Court explains why appeal and certiorari are mutually exclusive remedies, and why procedural rules matter in extraordinary actions.

Just Cause Without Due Process: When Dismissal Stands But Damages Follow

Philippine Supreme Court clarifies that a valid cause for dismissal does not excuse an employer from the two-notice rule, imposing nominal damages.

Safeguarding Free Speech: The Imperative of Stating a Cause of Action in Libel Cases

Philippine Daily Inquirer v. Alameda clarifies that libel complaints must allege specific facts, protecting press freedom from vague claims.

B.P. 22 Appeals: Failure to Serve Solicitor General Justifies Dismissal

Learn why failing to serve the Solicitor General in a B.P. 22 appeal can be fatal, and what procedural rules apply.