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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 1369–1392 of 3,358 articles for “ces”

Vitiated Consent and Simulated Sales: Understanding Contract Nullity in Philippine Law

The Supreme Court explains when fraud vitiates consent and simulated prices void sales, using a family land dispute as a guide.

Demolition Notices vs Due Process: Protecting Property Rights in the Philippines

Philippine law requires demolition notices to comply with due process. Learn the rules that protect property owners and occupants.

Due Process and Representation: The Solicitor General's Role in Criminal Appeals

A criminal appeal decided without the Solicitor General's participation violates due process. The Supreme Court explains why.

Unjust Refusal of Payment: When Creditors Must Accept Loan Proceeds

Explaining when a creditor's unjust refusal to accept payment has legal consequences, and why tender and consignation still matter under Philippine law.

Dismissal for Absence Without Leave: Upholding Public Service Integrity

Court stenographer dropped from rolls for prolonged AWOL and unauthorized foreign travel. Learn the rules on absences without leave in Philippine public service.

Abandonment of Duty, Unauthorized Absences, and the Doctrine of Dropping From the Rolls

Philippine Supreme Court explains when a court employee may be dropped from the rolls for AWOL and unauthorized foreign travel.

Chain of Custody in Drug Cases: When Substantial Compliance Suffices for Conviction

Explaining the Supreme Court's ruling in People v. Rusiana on chain of custody, substantial compliance, and conviction for illegal sale of drugs.

Habitual Absenteeism in the Philippine Judiciary: What the Supreme Court Says

Explore how the Supreme Court treats habitual absenteeism among judges and court personnel, and the disciplinary consequences under Philippine law.

Mitigating Circumstances and Indeterminate Sentences: Balancing Justice and Individual Factors in Robbery Case

A Supreme Court ruling on how analogous mitigating circumstances and the Indeterminate Sentence Law shape penalties in robbery convictions.

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Cashier's Failure to Report Time Card Tampering Justifies Dismissal for Breach of Trust

Supreme Court ruling on cashier dismissal for failing to report time card tampering, explaining breach of trust and due process in Philippine labor law.

Eviction and Urban Land Reform: When Prior Rights Yield to New Ordinances

Philippine Supreme Court clarifies when month-to-month leases end, and why new city ordinances and PD 1517 protections cannot stop a valid ejectment.

Balancing Efficiency and Discretion: Revisiting PHILJA Staffing Patterns

The Supreme Court clarifies when coterminous status is proper for confidential staff in the Philippine Judicial Academy's executive offices.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's belated bid to reopen his case fails; the Court enforces finality, cites contempt, and orders execution.

Good Faith Prevails When Public Officials ACT Without Malice IN Granting Benefits

Supreme Court ruling on good faith as a defense in graft cases under RA 3019, Section 3(e), for public officials relying on agency issuances.

Upholding Termination for Theft: Balancing Due Process and Employer Rights in Labor Disputes

Supreme Court affirms dismissal of cable splicers for theft of company property, clarifying that ample opportunity to be heard, not a formal hearing, satisfies due process.

Parking Fees vs Public Access: Reconciling Building Codes and Private Property Rights in Philippine Malls

Supreme Court rules malls may charge parking fees; building codes require spaces, not free access. Property rights prevail.

Challenging Vagrancy Laws: The Supreme Court Upholds Article 202(2) of the Revised Penal Code

The Supreme Court upholds Article 202(2) on vagrancy, ruling it constitutional and not violative of due process or equal protection.

Credibility of the Rape Victim: The Decisive Factor in Philippine Jurisprudence

In incestuous rape cases, the victim's credible testimony outweighs weak defenses like denial and alibi. Learn the rules.

Tax Sales and Due Process: Why Registered Owners Must Be Notified in Philippine Property Law

Philippine Supreme Court ruling on tax sales, due process, and the registered owner's responsibility in property taxation.

Disbarred Lawyer's Misrepresentation: Continuing Practice and Contempt Liability

A disbarred lawyer who misrepresents himself as an attorney and practices law commits indirect contempt, the Supreme Court rules.

Forced Resignation Is Illegal Dismissal: Casa Cebuana v. Leuterio

Forcing an employee to resign without due process is illegal dismissal. Learn the two-notice rule from Casa Cebuana v. Leuterio.

Meralco's Disconnection Rights: Balancing Power Supply and Due Process

A look at the Supreme Court's ruling on when a power utility's right to disconnect for pilferage must yield to a consumer's right to due process.

Attorney Authority and Due Process After a Client's Death: Protecting Heirs' Rights

When a client dies mid-case, counsel's authority and the heirs' right to due process must be protected. The Supreme Court clarifies the rules.