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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 1273–1296 of 24,851 articles

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

When Holding Two Positions Is Not Grave Misconduct: Espinas v. Ombudsman

Explaining the Supreme Court's ruling that holding concurrent public and private bank positions, without corrupt intent, is not automatically grave misconduct.

Chain of Custody Doubt in Drug Cases Leads to Acquittal

Supreme Court acquits drug suspect after prosecution fails to prove every link in the chain of custody, stressing the need for complete witness testimony.

Omission vs False Statement: Protecting Labor Rights in Employment Applications

Supreme Court rules mere omission of past employment in a job application is not false information justifying dismissal.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Per Diem vs Honoraria: Defining Compensation Limits for Government Board Members

Supreme Court clarifies when government board members may receive honoraria beyond their per diem, and when approving officers may be held liable.

Moral Ascendancy in Incestuous Rape: No Need to Prove Force or Intimidation

In incestuous rape, a father's moral ascendancy substitutes for force and intimidation, so direct proof of violence is unnecessary.

Judicial Integrity Under Scrutiny: Disciplining Misconduct and Upholding Ethical Standards in the Judiciary

Court personnel face dismissal for gross misconduct, insubordination, and conduct tainting the judiciary's reputation under amended Rule 140.

Agricultural Tenancy Bars Foreclosure Writ of Possession: Land Bank v. Basilan

The Supreme Court rules that agricultural tenancy is a valid third-party claim that suspends a writ of possession over foreclosed land.

When Court Errors Are Not Misconduct: Ombudsman Decisions and Judicial Review

Understand when judges can be disciplined for erroneous rulings and when errors must be raised through judicial remedies instead.

Proving Online Abuse: Supreme Court Sets Guidelines on Social Media Authorship in VAWC Cases

The Supreme Court clarifies how to prove authorship of abusive social media posts and raises penalties when ICT is used in VAWC offenses.

Online Psychological Abuse Under RA 9262: Higher Penalty for Social Media Harassment

Supreme Court rules that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

Revitalizing Judicial Education THE Supreme Courts NEW Approach TO Philja Appointments AND Reappointments

The Supreme Court clarifies the Environment Secretary's authority to cancel mineral production sharing agreements without prior MGB recommendation.

Untimely Medical Assessments Protecting Seafarers Rights TO Disability Benefits

When company doctors miss the deadline for a final assessment, a seafarer's disability is deemed permanent and total.

Psychological Incapacity Proving Marital Nullity Beyond Expert Testimony

The Supreme Court clarifies that psychological incapacity under Article 36 need not be proven by expert testimony alone, but the totality of evidence must still show grave, juridically antecedent, and

Direct Contracting in Government Procurement: When Exemptions Lead to Liability

The Supreme Court clarifies when direct contracting in government procurement is allowed and when it leads to administrative liability for public officers.

Courts Must Respect CIAC Arbitral Awards: Key Lessons from ASEC v. Toyota Alabang

The Supreme Court reminds courts to defer to CIAC arbitral tribunals' factual findings, preserving the finality and integrity of construction arbitration.

Upholding Government Procurement Standards: The Duty of Bids and Awards Committees to Ensure Lawful Transactio

The Supreme Court clarifies that Bids and Awards Committees must justify direct contracting and cannot rely blindly on recommendations, ensuring lawful government procurement.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Due Process and the Right to Notice: Protecting Fair Legal Proceedings

When a government agency fails to notify a party of an adverse decision, it violates due process and voids the ruling.

Good Faith Defense in Graft Cases: When Official Duty Is Not Corruption

The Supreme Court acquits public officers of graft, ruling that honest mistakes in performing official duty are not corruption absent corrupt motive.

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

Regularization Case vs Illegal Dismissal: When Filing Both Is Not Forum Shopping

Workers can file illegal dismissal cases while regularization cases are pending—the Supreme Court clarifies the limits of forum shopping in labor disputes.