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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 14209–14232 of 25,411 articles

Jurisdiction Over Foreign Corporations and Proper Summons in Philippine Courts

Philippine Supreme Court clarifies when foreign corporations are "doing business" and how summons must be served on them.

Guilt Beyond Reasonable Doubt Affirming Conviction Despite Co-Conspirators' Acquittal

Conviction of one conspirator can stand despite acquittal of co-accused, as the Supreme Court affirms in People v. Dulay.

Buy-Bust Operations in Drug Cases: When Arrests and Evidence Are Valid

Learn when warrantless arrests and searches in buy-bust operations are legal, and how evidence stays admissible in Philippine drug cases.

Automatic Lease Rescission: When an Accidental Fire Ends a Lease

Explaining Felsan Realty v. Commonwealth of Australia: when a fire is accidental, a lessee may automatically rescind a lease and claim refunds.

When Landlocked Property Demands Passage: Establishing a Legal Right of Way in the Philippines

Philippine law allows landlocked owners to demand a right of way, but only after meeting four strict requirements. Learn the rules from a Supreme Court ruling.

Forum Shopping Certification and Verification Defects: Strict Compliance in Philippine Courts

A defective certification against forum shopping and verification can get a petition dismissed. Learn the strict rules from Gabriel v. Court of Appeals.

Negligence vs Gross Negligence in Medical Malpractice: The Ilao-Oreta Standard

The Supreme Court clarifies the distinction between ordinary negligence and gross negligence in medical malpractice, and when damages may be awarded.

The Perils of Oversight: Delineating Negligence and Liability in Medical Practice

A missed surgery due to a time-zone error tests the line between ordinary and gross negligence in medical practice, shaping damage awards.

Contractual Obligations and Third Party Rights in Property Lease Disputes

Supreme Court ruling on when lease penalties bind only contracting parties, not property owners who are third parties to the contract.

Salary Reclassification in Government: Actual Duties vs Official Position

Philippine Supreme Court ruling on whether actual duties or official position title governs government salary reclassification under EO 189.

Bail and State Witness Rules in Murder and Parricide Cases: The Valerio Case

The Supreme Court clarifies when bail may be denied and when an accused may be discharged as state witness in murder and parricide cases.

The Fresh Period Rule: Reinterpreting Appeal Deadlines for Fair Adjudication

The Supreme Court clarifies the fresh period rule, allowing appeals within 15 days from denial of reconsideration, promoting substantial justice.

Guilty Plea Improvidence Evidence Trumps Error IN Child Rape Case

Supreme Court clarifies when an improvident guilty plea in a capital offense does not invalidate a rape conviction.

Compressed Workweek Legality in the Philippines: Economic Downturn vs. Workers' Rights

The Supreme Court ruled that a company cannot cut workdays to three per week just because it suffered losses—financial hardship must be proven with convincing evidence.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Court Funds Mismanagement and Undue Delay: Lessons from a Judicial Audit

A Supreme Court ruling on a judge who borrowed court funds and delayed cases, and the clerks who allowed it.

Judicial Conduct Breaching Constitutional Mandates ON Decision Making

Lawyer Suspended for Misappropriating Client Funds and Deceiving Client About Judge

A lawyer's two-year suspension for misappropriating client funds and falsely claiming payments to a judge, explained in plain language.

Balancing Infant Health and Commercial Freedom: Limits on Restricting Breast Milk Substitute Ads

The Supreme Court struck down parts of the DOH's 2006 rules banning breast milk substitute ads, ruling the agency exceeded the Milk Code.

When a Lawyer's Criticism of a Judge Leads to Suspension: A Philippine Case Study

A senior state prosecutor's media attacks on a judge led to a one-year suspension. Learn the limits of lawyer speech.

Elections Held Despite a TRO Are Not Automatically Void: Supreme Court Clarifies

The Supreme Court explains when an election held in defiance of a temporary restraining order may be annulled, and when it may stand.

Upholding Integrity: Dishonesty in Public Service Leads to Dismissal

A court utility aide who stole and encashed a colleague's check is dismissed for gross dishonesty and grave misconduct, even after the complainant desisted.

Debt-to-Equity Conversions and Stockholder Rights in Sequestered Corporations

The Supreme Court clarifies that ordinary courts lose jurisdiction over disputes involving sequestered corporations, which must be heard by the Sandiganbayan.

Venue Stipulations in Contracts: Courts Cannot Dismiss Motu Proprio on Improper Venue

Philippine Supreme Court clarifies that trial courts cannot motu proprio dismiss cases for improper venue when parties validly agreed on exclusive venue.