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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 13945–13968 of 25,411 articles

Tax Refunds for International Carriers: Who Really Owns the Claim?

A look at Silkair v. CIR on excise tax refunds, indirect taxes, and the strict rules on counsel of record.

When Doubt Benefits THE Accused Establishing Intent IN Physical Injury Cases

Reasonable Doubt Prevails: Fair Trial Standards in Philippine Drug Cases

Supreme Court acquits drug suspect when buy-bust evidence is riddled with inconsistencies, reaffirming the presumption of innocence and the objective test.

Breach of Trust, Dishonesty, Misconduct, and Accountability in Public Service

The Supreme Court's ruling in Mangandingan v. Adiong on judicial misconduct, raffle manipulation, and accountability in public service.

Court Employee Dismissed for Gross Misconduct Over Bribe Demand

In Malabanan v. Metrillo, the Supreme Court held that resigning and a complainant's desistance do not bar administrative liability for gross misconduct.

Misconduct and Retirement Benefits: Grounds for Employee Dismissal in the Philippines

Court clerk’s gross misconduct leads to forfeited retirement benefits, explaining dismissal grounds and why resignation doesn't erase liability.

Rape Conviction: Why Specificity in Criminal Charges and Evidence Matters

A look at People v. Zamoraga, where the Supreme Court affirmed a rape conviction, explaining how credible victim testimony and precise charges secure a guilty verdict.

Dishonored Checks AND Disciplinary Action Upholding Integrity IN Public Service

Cohabitation and Ethical Standards: Defining Immorality in the Judiciary

Philippine Supreme Court clarifies when cohabitation by court employees amounts to grossly immoral conduct warranting administrative discipline.

Finality Prevails Withdrawing Appeal Bars Subsequent Modification of Judgment

Withdrawing an appeal makes a judgment final and executory. The Supreme Court explains why courts cannot later modify it.

Credibility of Witness Testimony in Rape Cases: Establishing Guilt Beyond Reasonable Doubt

Philippine Supreme Court ruling on how victim credibility determines guilt beyond reasonable doubt in statutory rape cases.

When a Lawyer's Statement Decides the Case: The Fraud Requirement for Preliminary Attachment

A bank's failure to prove fraud with specific facts, not just general allegations, led to the discharge of its writ of preliminary attachment.

Perfecting Labor Appeals: The Indispensable Surety Bond and Jurisdictional Requirements

Posting an appeal bond is jurisdictional in labor cases. A late bond means no appeal, and the Labor Arbiter's decision becomes final.

Appeal Bond in Labor Cases: Why Missing the Deadline Is Fatal to an Employer's Appeal

The Supreme Court explains why an employer's failure to post an appeal bond on time is fatal, rendering the labor arbiter's decision final and executory.

Agrarian Reform Just Compensation and Timely Valuation of PD 27 Lands

When are PD 27 lands valued for just compensation? The Supreme Court clarifies the date of taking and applicable law.

Sheriffs Duty in Enforcing Writs of Execution and Reporting Requirements

A sheriff's failure to enforce a writ of execution and file required reports constitutes simple neglect of duty, warranting suspension.

Safeguarding Public Funds: Due Process in Ombudsman Cases for Misconduct and Dishonesty

Explaining when a formal investigation is required in Ombudsman administrative cases and the due process rights of public officers facing dismissal.

Judicial Accountability When Haste Leads to Injustice in Granting Bail

A 2008 Supreme Court ruling reminds judges that bail in capital-offense cases requires notice, hearing, and evidence — not haste that defeats due process.

Certiorari and Grave Abuse of Discretion: Limits on Reviewing Judicial Actions in Damage Suits

The Supreme Court explains when certiorari may question judicial rulings, distinguishing errors of jurisdiction from errors of judgment.

Possession Predicaments Understanding THE Limits OF Writs OF Possession IN Philippine Land Disputes

Rehabilitation Proceedings: The "Serious Financial Situation" Requirement for Corporate Recovery

Philippine Supreme Court clarifies the "serious situation test" for corporate rehabilitation petitions under the Interim Rules, citing Pryce Corporation v. Court of Appeals.

Breach of Construction Contract: Rescission and Unauthorized Deviations From Building Plans

The Supreme Court allowed homeowners to rescind a construction contract after the builder deviated from approved plans and built without a permit. Here is what the ruling means.

The Right to Intervene: Protecting Assigned Interests in Court Proceedings

Explore the right to intervene in Philippine civil procedure, protecting assigned interests and preventing injustice through timely court participation.

Burden of Proof: Uncorroborated Testimony Insufficient to Establish Liability in Damages Claim

Philippine Supreme Court ruling on why a plaintiff's sole, uncorroborated testimony cannot establish liability in a damages claim.