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 13451368 of 1,603 articles for requirements

Court Raffle Irregularities: When Clerks and Judges Face Administrative Liability

Supreme Court clarifies liability for irregular case raffles: executive judges must personally conduct them, clerks must follow procedure.

Reasonable Doubt and Circumstantial Evidence in Rape with Homicide Cases

The Supreme Court acquits two accused in a rape with homicide case, emphasizing that circumstantial evidence must form an unbroken chain proving guilt beyond reasonable doubt.

Alien Land Ownership: Constitutional Ban Survives Even After Heirs Become Filipino Citizens

Philippine Supreme Court ruling on land reconstitution, alien ownership bans, and how Filipino heirship cures constitutional defects.

Due Process in Capital Offenses: Ensuring Informed Guilty Pleas in the Philippines

The Supreme Court clarifies the mandatory requirements for accepting guilty pleas in capital cases, emphasizing due process and the accused's right to informed judgment.

Judicial Duty vs Dereliction: Balancing Discretion and Due Diligence in Preliminary Investigations

A judge's dismissal of a case without proper preliminary investigation constitutes dereliction of duty, as shown in this administrative case.

Docket Fees vs Filing Brief: Understanding Grounds for Appeal Dismissal in Philippine Courts

Philippine Supreme Court clarifies that failure to file an appellant's brief is not the same as non-payment of docket fees for appeal dismissal.

Unconscionable Penalties in Real Estate Contracts: Balancing Equity and Contractual Obligations

When a 3% monthly penalty on unpaid installments becomes unconscionable, Philippine courts may reduce it under Civil Code Articles 1229 and 2227.

Bouncing Checks Law: When Courts May Impose Fine Instead of Imprisonment

Philippine Supreme Court ruling on B.P. 22 violations explains when fines replace imprisonment and clarifies due process rights in bouncing checks cases.

Upholding Land Ownership Claims: The Importance of Evidentiary Proof in Reconveyance Disputes

A Supreme Court ruling on reconveyance underscores that ownership claims must be proven by clear evidence, not mere allegations.

Voluntariness and Comprehension in Guilty Pleas: Protecting the Accused in Capital Offenses

The Supreme Court clarifies what a "searching inquiry" requires when an accused pleads guilty to a capital offense, using a rape case as the backdrop.

Breach of Trust: The Supreme Court's Stance on Incestuous Rape and Parental Authority

A stepfather's rape conviction upheld, but death penalty reduced to reclusion perpetua for failure to prove minority and relationship.

Eminent Domain vs Urban Development: Balancing Public Need and Property Rights in Manila

The Supreme Court clarifies when local governments may expropriate private land for socialized housing under R.A. 7279.

Del Mar v. PAGCOR: The Scope of PAGCOR's Franchise and Jai-Alai Operations

The Supreme Court ruled PAGCOR's franchise under P.D. 1869 does not include operating jai-alai, a gambling activity requiring express legislative grant.

Res Judicata and Reconstitution: The Limits of Prior Judgments in Philippine Land Law

A dismissed reconstitution case cannot bar a quieting of title action. Learn the limits of res judicata in Philippine land disputes.

Right of First Refusal Validity and Enforceability in Philippine Contract Law

Philippine Supreme Court clarifies when a right of first refusal is valid and enforceable in property and contract disputes.

Safeguarding Free Speech: The Unconstitutionality of Election Survey Publication Bans in the Philippines

Why the Supreme Court struck down the ban on publishing election surveys before elections as an unconstitutional prior restraint on free speech.

Search Warrant Validity and Plain View Doctrine in Drug Possession Cases

Philippine Supreme Court ruling on search warrant requirements, plain view doctrine, and inadmissible evidence in drug possession cases.

When an Overbroad Search Threatens Individual Rights: The Plain View Doctrine

The Supreme Court clarifies when warrantless seizures under the plain view doctrine are valid and when they violate constitutional rights.

Forcible Entry in the Philippines: Proving Prior Possession and Unlawful Deprivation

Understand the requirements for forcible entry cases in the Philippines, including prior possession and unlawful deprivation, based on the Ong v. Parel ruling.

Conviction for Incestuous Rape: When Multiple Counts Arise from One Information

A father's conviction for six counts of incestuous rape shows how credible victim testimony and proof of minority determine the penalty.

Safeguarding Confessions: The Right to Competent Counsel in Custodial Investigations

A suspect's confession is inadmissible without effective, independent counsel during custodial investigation. The Supreme Court explains why in People v. Patungan.

Docket Fees and Intervention: Y Realty's Quest for Justice in Marcos Wealth Case

A look at how the Supreme Court resolved docket fee issues in intervention cases involving recovered Marcos assets.

Non-Negotiable Withdrawal Slips: Bank Liability for Delayed Dishonor Notices

When a bank delays notice of dishonor on non-negotiable withdrawal slips, is it liable for damages? The Supreme Court explains.

Overcoming Alibi and Positive Identification in Philippine Criminal Cases

How the Supreme Court treats alibi versus positive identification, using a rape case where a stepfather's defense failed.