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 4,115 articles for tro

Lawyer's Neglect of Appeal Brief: When Courts Dismiss Disbarment Cases

A lawyer who lets an appeal lapse violates the Code of Professional Responsibility, but death of the respondent can end the case.

Breach of Trust: Understanding Malversation of Public Funds in the Philippines

The Supreme Court explains the elements of malversation under Article 217 of the Revised Penal Code, including the presumption of misappropriation when funds are not forthcoming upon demand.

Intent to Gain in Theft: Proving Criminal Intent Beyond Reasonable Doubt

How Philippine courts establish intent to gain in theft cases, explained through the Supreme Court's ruling in Medina v. People.

Unproven Claims When Government Contracts Lack Evidence Of Delivery

Supreme Court affirms COA denial of P63M textbook claim for lack of proof of delivery and appropriation.

Registered Owner vs Actual Operator: Who Pays in Vehicle Accidents?

Philippine Supreme Court clarifies the registered-owner rule in vehicle accidents and the right to reimbursement via cross-claim against the actual operator.

Registered-Owner Rule in Bus Accidents: Liability and Cross-Claims Explained

Learn how the registered-owner rule makes bus owners liable for accidents, and how they can recover via cross-claims.

Protecting Workers Employers Faulty Systems Cannot Justify Employee Penalties

Learn how the Supreme Court ruled that employers cannot penalize workers for systemic failures beyond their control.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Dividing Inherited Lands: Ownership Disputes and Property Rights in the Philippines

Learn how Philippine courts resolve inherited land disputes, including pacto de retro sales, co-ownership, and the rights of buyers in good faith.

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

When Fit-to-Work Assessments Prevail: Seafarer Disability Claims Under POEA-SEC

Philippine Supreme Court clarifies when a company-designated physician's fit-to-work declaration prevails over a seafarer's chosen doctor in disability claims.

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Contracts

Philippine Supreme Court clarifies when a seafarer's partial disability becomes total and permanent under the POEA-SEC and Labor Code.

Dismissal of Clerk of Court for Gross Neglect, Grave Misconduct, and Serious Dishonesty in Handling Judiciary

Supreme Court dismisses a clerk of court who failed to remit judiciary collections and submit financial reports, ruling that restitution does not erase administrative liability.

Frustrated Homicide: Intent to Kill and Damages in Roque v. People

The Supreme Court clarifies intent to kill in frustrated homicide and awards temperate damages when receipts are missing.

Reconveyance Claims: Proving Ownership by Clear and Convincing Evidence

A look at Ibot v. Heirs of Tayco, where the Supreme Court clarified the burden of proof in reconveyance actions and the limits of Torrens title challenges.

Proving Alienable and Disposable Status in Land Registration: Republic v. Lualhati

The Supreme Court clarifies what evidence proves land is alienable and disposable for original registration under the Property Registration Decree.

Passion's Lingering Flame: Redefining Mitigating Circumstances in Homicide Cases

The Supreme Court clarifies that passion and obfuscation may build over time, not just in the heat of the moment, reducing murder to homicide.

Upholding Integrity: Attorney Liability for Notarial Register Errors in the Philippines

Philippine Supreme Court holds notary public liable for erroneous notarial register entries, stressing the duty to record every notarial act accurately.

Upholding Stockholder Rights Jurisdiction In Intra Corporate Disputes Involving Sequestered Entities

The Supreme Court clarifies that intra-corporate disputes involving sequestered firms belong to the RTC, not the Sandiganbayan.

COA Auditors Barred From Agency Benefits: Nacion v. COA

Supreme Court affirms COA's discipline of auditor who received bonuses, housing, and car loans from audited agency MWSS.

Attorney Suspended for Dishonored Checks: Ethical Duties Beyond the Courtroom

Issuing worthless checks can cost a lawyer more than criminal liability—it can trigger suspension from practice, as this case shows.

Suspension of Arraignment, DOJ Review, and the Right to Speedy Trial in Copyright Cases

Explaining when courts may suspend arraignment pending DOJ review and how delay affects the right to speedy trial in copyright infringement cases.

Upholding Ministerial Duty Dismissal OF Disbarment Complaint FOR Good Faith Registration Actions

Supreme Court dismisses disbarment complaints against lawyers and registrars over good faith registration actions, clarifying ministerial duties.

Assignment of Credit vs. Assumption of Liability: Clarifying a Bank's Role in Property Development

When a bank buys a developer's receivables, does it inherit the developer's obligations to buyers? The Supreme Court clarifies the distinction.