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.
Judicial Efficiency Mandate: Undue Delay in Resolving Appeals Warrants Fine
A judge's 106-day delay in transmitting appeal records constitutes gross inefficiency, warranting a P11,000 fine under Rule 140.
Competency of Witnesses: Testimony of Persons with Mental Retardation in Rape Cases
The Supreme Court affirms that a person with mental retardation can be a competent witness in rape cases if able to perceive and relate facts.
When Can a Corporate President Bind the Corporation? Lessons from Inter-Asia v. Asia Industries
A corporate president can bind the corporation even without board authority under apparent authority. Learn the rules from this Supreme Court case.
Judge Dismissed for Extramarital Affair: Gross Immorality in the Judiciary
Supreme Court dismisses judge for extramarital affair and child with another woman, ruling infidelity is gross immorality warranting removal from the bench.
Incestuous Rape: Broad Complaint Dates and Victim Credibility in Philippine Criminal Law
The Supreme Court affirms an incestuous rape conviction, ruling that inexact complaint dates are allowed and a young victim's credible testimony suffices.
Balancing Technical Rules and Substantial Justice in Labor Disputes
Philippine Supreme Court ruling on liberal construction of verification and non-forum shopping rules in labor cases.
Advertising Expenses and Tax Deductions: Ordinary vs. Capital Outlay in the Philippines
Philippine tax law on advertising deductions: when a colossal ad spend becomes a capital outlay, not an ordinary expense.
The Perils of Second Pre-Trials: Safeguarding Due Process in Philippine Courts
Philippine Supreme Court clarifies that a second pre-trial without proper notice violates due process, and explains the proper appeal route for COSLAP decisions.
The Weight of Fear: Evaluating Delay in Rape Cases Under Philippine Law
Philippine Supreme Court ruling on rape convictions, victim credibility, and why delay in reporting does not weaken a case.
When Silence Doesnt Mean Innocence: The Complexities of Self-Defense in Philippine Law
The Supreme Court clarifies that silence or lack of resistance does not negate force in rape cases, affirming a father's conviction.
Rape and Consent: Understanding Force and Intimidation in Philippine Law
The Supreme Court clarifies how force and intimidation prove rape without consent, and when minority aggravates the crime.
Checks AS Guarantee Lagman VS People When A Bounced Check Becomes A Crime
The Supreme Court clarifies when a check issued as a guarantee, not payment, falls under the Bouncing Checks Law.
Taxing Telecommunications: Local Government Power vs. Franchise Exemptions
The Supreme Court ruled that the Local Government Code's withdrawal of tax exemptions prevails over PLDT's franchise exemption claim under R.A. 7925.
Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals
The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.
Retroactivity of Remedial Laws: Clarifying the Period for Filing Certiorari Petitions
The Supreme Court clarifies when the 60-day period for filing certiorari petitions is counted, applying amended procedural rules retroactively.
Foreclosure Sales: Strict Compliance With Publication Requirements
When a postponed foreclosure sale proceeds without republication of notice, the sale is void. Learn the rules from Ouano v. Court of Appeals.
Cyber Libel Prescription: One Year from Discovery, Not Publication
The Supreme Court clarifies that cyber libel prescribes in one year from discovery, not publication, and settles the doctrinal value of unsigned resolutions.
When Reckless Imprudence Causes Death: Penalties, Contributory Negligence, and Voluntary Surrender
The Supreme Court clarifies penalties for reckless imprudence resulting in homicide, when contributory negligence matters, and why voluntary surrender may not reduce the sentence.
Upholding Notarial Duties: Consequences for Improper Document Acknowledgment
A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.
When Killing a Child Is Treachery: The Ostia Murder Case
Explaining why killing a four-year-old is treachery, and why the Court still reduced the penalty to reclusion perpetua.
Due Process and Timeliness: Strict Enforcement of Motion Hearing Rules in Philippine Courts
Philippine courts strictly enforce Rule 15, Section 5 on motion hearing dates. Learn how a pro forma motion can waive due process rights.
Child Witness Testimony in Murder Cases: When a Child's Word Can Convict
When can an eight-year-old's testimony convict in murder cases? The Supreme Court explains the rules on child witness credibility.
Plunder and Conspiracy: Defining "Combination or Series" in Amassing Ill-Gotten Wealth
The Supreme Court clarifies what constitutes a "combination or series" of acts in plunder cases, and the scope of conspiracy among co-accused.
Breach of Contract in Property Sales: Rights, Interest, and Damages Under Philippine Law
A Philippine Supreme Court ruling on unpaid property sale balances clarifies when nominal damages, attorney's fees, and 12% interest apply.