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 13931416 of 4,151 articles for tro

Regular vs. Fixed-Term Employment: Security of Tenure Under Philippine Labor Law

The Supreme Court clarifies when fixed-term employment is valid and when it violates a worker's security of tenure under Philippine labor law.

Attorney Negligence and Breach of Duty: When a Lawyer's Inaction Costs a Client the Case

A Supreme Court ruling on lawyer accountability: negligence and lack of candor lead to a two-year suspension from practice.

Client Responsibility: The Binding Nature of Counsel Negligence in Philippine Law

When does a lawyer's mistake bind the client? The Supreme Court explains the rule on counsel negligence and the client's duty to monitor cases.

Psychological Incapacity and Marriage Nullity: Proving Grave and Incurable Conditions

The Supreme Court clarifies what evidence proves psychological incapacity under Article 36 of the Family Code, requiring grave, incurable, and juridically antecedent conditions.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Right of Way: Balancing Dominant Estate Needs and Servient Estate Rights in Philippine Law

Philippine Supreme Court clarifies how to determine the extent and indemnity for a legal easement of right of way under the Civil Code.

Chain of Custody in Drug Cases: Integrity of Evidence Prevails

Philippine Supreme Court ruling on chain of custody in drug possession cases, explaining why substantial compliance with Section 21 suffices.

Mining Rights vs Land Ownership: Reconstitution Rights Under Philippine Law

Supreme Court ruling clarifies that mining patent holders cannot seek reconstitution of land titles they do not own.

Reconstitution of Torrens Titles: Strict Compliance and the Hierarchy of Courts

A petition to reconstitute a lost Torrens title must strictly follow RA 26; wrong remedy and forum doom the case.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough

The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.

Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory

The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.

Employer Liability for Vehicular Accidents: Proving Due Diligence in Hiring Drivers

Philippine Supreme Court clarifies employer liability for driver negligence, emphasizing documentary proof of due diligence in hiring and supervision.

Upholding Honesty Dismissal FOR Undisclosed Assets IN Philippine Public Service

The Supreme Court reinstates the dismissal of a DPWH official for failing to disclose assets in SALNs, reaffirming the duty of public servants to be transparent.

Security of Tenure: Regular Employment and Illegal Dismissal in Fixed-Term Contracts

When does a fixed-term employee become regular? The Supreme Court clarifies security of tenure, illegal dismissal, and employer burden of proof.

Rape Prosecution: No Requirement of Seclusion or Medical Findings

Philippine Supreme Court clarifies that rape can occur in public places and medical findings are not indispensable for conviction.

Upholding Corporate Governance: The Limits of Status Quo Orders in Intra-Corporate Disputes

The Supreme Court clarifies the strict rules for status quo orders in intra-corporate disputes, emphasizing due process, bonds, and the limits of provisional relief.

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Burden of Proof in Cargo Claims: Insurers Must Prove Actual Damages to Recover Subrogated Claims

Philippine Supreme Court clarifies when temperate damages apply in cargo loss claims when actual damages cannot be proven with certainty.

PEZA Exempt From Local Property Taxes: Key SC Ruling Explained

The Supreme Court ruled PEZA is exempt from real property taxes as a government instrumentality. Learn the legal basis and implications.

Cashier's Checks and Contractual Disputes: Bank Obligations and Purchaser Rights in Philippine Law

When can a purchaser stop payment on a manager's or cashier's check? The Supreme Court explains in Chiok v. Metrobank.

Understanding Frustrated Homicide: Intent to Kill and Penalties in Philippine Law

The Supreme Court clarifies intent to kill in frustrated homicide and corrects penalty and damages awards in De Guzman v. People.

Balancing Public Safety and Private Property Access Rights on Limited Access Highways

Philippine Supreme Court ruling on property owners' rights to access limited access highways like NLEX, balancing police power and private interests.

Mistake vs Malice: When Honest Error Defeats Theft Charges in the Philippines

The Supreme Court explains when honest mistake negates criminal intent in theft cases, acquitting a man who cut trees on the wrong property.