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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 13969–13992 of 25,411 articles

When Apparent Authority Binds a Corporation: Lessons from Filipinas Life v. Pedroso

When can a corporation be liable for its agent's unauthorized acts? The Supreme Court explains apparent authority and ratification in Filipinas Life v. Pedroso.

When Does a Government Employee's Cash Shortage Become Grave Misconduct?

A Supreme Court ruling explains when cash shortages become grave misconduct and dishonesty in Philippine government service.

Loan vs Malversation: When Public Funds Become Private After Ownership Transfer

When does public money stop being public? The Supreme Court clarifies how a loan transfers ownership and defeats malversation charges.

Due Process in Termination: The Two-Notice Rule and Nominal Damages

Learn the two-notice rule in employee termination and when nominal damages apply, based on a Philippine Supreme Court ruling.

Protecting Children Credibility IN Rape AND Lasciviousness Cases Involving Minors

The Supreme Court affirms that minor inconsistencies do not destroy a child rape victim's credibility, explaining why delay in reporting is justified.

Bidding Required Government Contracts Must Ensure Fair Competition

Philippine Supreme Court clarifies when public bidding is mandatory for government service contracts and why negotiated awards violate fair competition.

Equitable Mortgage vs Sale With Right of Repurchase: How Courts Classify Real Estate Deals

Philippine Supreme Court clarifies when a sale with option to repurchase is an equitable mortgage, and how to rebut the legal presumption.

From Murder to Homicide When Sudden Attacks Lack Treachery in Philippine Law

The Supreme Court explains when a sudden attack qualifies as treachery and when it does not, reducing murder to homicide.

Delaying Tactics Unveiled: Repeated Motions to Quash in Criminal Proceedings

The Supreme Court rules that repeated motions to quash and inhibit judges are delaying tactics that impede justice.

Safeguarding Electoral Integrity: Due Process in Pre-Proclamation Cases

The Supreme Court nullifies a hasty proclamation in Cambe v. COMELEC, underscoring due process and the proper procedure for excluding election returns.

Double Jeopardy AND Judicial Accountability Reassessing Penalties FOR Similar Infractions

Protecting the Vulnerable: Upholding Justice for Victims of Parental Rape

Philippine Supreme Court affirms conviction for qualified rape committed by a father against his minor daughter, emphasizing the law's protection for vulnerable victims.

Navigating Election Disputes: The COMELEC's Authority in Pre-Proclamation Cases

A look at Cambe v. COMELEC on the proper handling of pre-proclamation cases, including the need for division-level review and the rules on excluding election returns.

Mortgage Foreclosure and Prescription: When Inaction Leads to Loss of Rights

A mortgage action prescribes in 10 years. Learn how inaction and procedural missteps cost a lender its foreclosure rights.

Overload Pay and 13th Month Pay: Defining Basic Salary in Philippine Labor Law

The Supreme Court clarifies whether teaching overload pay forms part of basic salary for 13th month pay computation under Philippine law.

DUE Process VS Public Opinion Reconciling Impartiality IN Preliminary Investigations

Falsification of Daily Time Records: Upholding Honesty in Public Service

The Supreme Court reinstated the Ombudsman's ruling that falsifying daily time records constitutes dishonesty, even without proof of malice or damage.

Rape and Moral Ascendancy: Consent, Credibility, and the Sweetheart Defense in Philippine Law

A 2008 Supreme Court ruling clarifies how moral ascendancy, intimidation, and credibility shape rape convictions and the sweetheart defense.

Habeas Corpus in Custody Disputes: When Personal Liberty Is Not Unlawfully Restrained

The Supreme Court clarifies that habeas corpus requires unlawful restraint of liberty, not merely a dispute over custody of an elderly relative.

Litigating as an Indigent: Docket Fees, Forum Shopping, and Contempt in Philippine Courts

The Supreme Court clarifies indigent litigant rules, forum shopping certification, and contempt in Tokio Marine v. Valdez.

Lease Agreements: VAT Liability and Inflation Adjustments Clarified

Supreme Court clarifies when lessors may pass on VAT and adjust rent for inflation under lease contracts.

Fraudulent Land Acquisition Titles Obtained Through Deceit Lack Indefeasibility

Land titles obtained through fraud are void and do not gain indefeasibility. Philippine law protects true owners from deceitful schemes.

Lease Termination: Lessors Can Still Collect Rent After Lessee Default and Abandonment

Philippine Supreme Court ruling on lessor rights when lessee defaults and abandons leased property, clarifying remedies for unpaid rent.

Incestuous Rape as a Qualifying Circumstance and the Admissibility of the Victim's Testimony

The Supreme Court affirms a father's rape conviction, explaining why a victim's delayed report and testimony remain credible in incestuous rape cases.