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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Who Pays Capital Gains Tax and Sale Registration Costs in Philippine Property Deals
Philippine Supreme Court clarifies who bears capital gains tax and registration expenses in property sales, distinguishing obligations of individual and corporate sellers.
Real Property Sale Obligations: Who Pays Registration and Capital Gains Tax
Philippine Supreme Court ruling on vendor obligations for registration expenses, eviction of occupants, and capital gains tax in property sales.
Dismissal of Complaint: Balancing Promptness and the Pursuit of Justice in Philippine Courts
When can a court dismiss a complaint for lack of authority and improper certification? The Supreme Court clarifies the rules on real parties-in-interest and appeal remedies.
Upholding Disciplinary Authority: Administrative Dismissal Despite Procedural Technicalities
The Supreme Court affirms that a government agency's disciplinary authority prevails over procedural technicalities in administrative dismissal cases.
The Mandatory Bail Hearing Rule: Why Judges Cannot Grant Bail Without One
Philippine Supreme Court ruling explains why bail hearings are mandatory, even when the prosecution does not object, and what happens when judges skip them.
Certiorari Petitions: Substantial Compliance With Procedural Rules For Timely Review
SC rules substantial compliance with Rule 42 requirements may excuse dismissal of petitions for review, protecting the right to appeal.
Judicial Efficiency vs Extenuating Circumstances: Releasing Retirement Benefits Despite Delays
The Supreme Court dismissed a gross inefficiency complaint against a retiring judge, ruling that heavy caseloads and lack of personnel can excuse delays in deciding cases.
Strikes and Public Service: Balancing Rights and Responsibilities in Government Employment
Public school teachers who joined a 1990 mass action were disciplined for conduct prejudicial to the best interest of the service. The Supreme Court explains why.
Upholding Regional Autonomy National Laws Must Respect Powers of Muslim Mindanao
The Supreme Court affirms that national laws cannot override ARMM autonomy, striking down a law that encroached on devolved powers.
Mass Actions by Government Teachers: When Peaceful Assembly Becomes an Offense
Public school teachers who joined mass actions in 1990 were held liable for conduct prejudicial to the best interest of the service. The Supreme Court explains why.
Substantial Compliance Prevails When Technicalities Give Way to Justice in Appellate Procedure
SC rules substantial compliance with Rule 42 requirements suffices; cases should be decided on merits, not technicalities.
Perfected Sales vs. Recovery of Property: Understanding Real Actions in Philippine Law
When is a suit for specific performance actually a real action for recovery of property? The Supreme Court clarifies in Jimenez v. Jordana.
CHR Fiscal Autonomy: DBM Approval Needed for Staffing Changes
Supreme Court rules CHR lacks fiscal autonomy and cannot upgrade or create positions without DBM approval under the Salary Standardization Law.
Illegal Dismissal: Abandonment Requires Intent to Sever Employment Ties
Philippine Supreme Court clarifies that abandonment as a ground for dismissal requires both absence and clear intent to sever employment ties.
Constructive Dismissal: The Employer's Duty to Offer Reasonable Assignments
When a security guard was left without assignments for months after his post ended, the Supreme Court ruled this constituted constructive dismissal.
Fair Comment vs Defamation: Protecting Free Speech in Political Campaigns
The Supreme Court explains when critical articles about political candidates are protected fair comment, not libel.
Victory Liner Liability: Breach of Contract of Carriage and Passenger Safety
Supreme Court ruling on common carrier liability for passenger death, negligence of counsel, and damages in breach of contract of carriage.
Qualified Theft vs Estafa: Defining Possession in Bank Teller Cases
When does a bank teller's misappropriation of funds constitute qualified theft rather than estafa? The Supreme Court clarifies the key distinction.
Constructive Dismissal: When a Work Reduction Becomes Unfair Labor Practice
When does reducing workdays become constructive dismissal? The Supreme Court explains in Unicorn Safety Glass v. Basarte.
When Economic Hardship Doesnt Justify Termination: Separation Pay Rights
Philippine Supreme Court ruling on illegal dismissal, separation pay, and backwages when economic hardship is not a valid cause for termination.
When Judges Cannot Notarize Documents: Limits on Notarial Authority and Admissibility in Philippine Law
Supreme Court clarifies when judges may notarize documents, why invalid notarization affects admissibility, and what makes a deed private.
LGU Right to Immediate Possession in Expropriation: City of Iloilo v. Legaspi
When can an LGU take immediate possession of private property in expropriation? The Supreme Court explains the 15% deposit rule.
Supreme Court: DBM Must Implement Judicial Rulings on Judges' Benefits
The Supreme Court directs DBM to release disability benefits to judges' heirs, affirming that judicial interpretation of law is final and binding.
Proper Parties in Appeals: Identifying the Real Party in Interest
Philippine Supreme Court clarifies who must be named as respondents in appeals, emphasizing the real party-in-interest rule under Rule 45.