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 121144 of 648 articles for cir

Lascivious Conduct Under RA 7610: The Trocio Case on Child Abuse

The Supreme Court clarifies what constitutes lascivious conduct under RA 7610, holding a doctor liable for abusing a minor patient.

Ombudsman's Authority Prevails Investigating Sexual Harassment in Government

Supreme Court affirms Ombudsman's power to investigate sexual harassment in government, upholding dismissal of NEDA official for grave misconduct.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Piercing the Corporate Veil: Jurisdiction First, Liability Later

Supreme Court clarifies that courts must first acquire jurisdiction over a corporation before applying the piercing the corporate veil doctrine to hold owners liable.

SALN Compliance Opportunity to Correct Errors Prevents Haphazard Prosecution

Supreme Court acquits public official of SALN violation, ruling that the review and compliance procedure under RA 6713 must precede prosecution.

Adultery and Disbarment: When a Lawyer's Private Conduct Ends the Legal Career

The Supreme Court disbarred a lawyer for an extramarital affair, affirming that gross immorality in private life warrants the ultimate professional sanction.

Equitable Mortgage vs Pacto de Retro: Protecting Borrowers From Unfair Loan Agreements

When is a "sale with right to repurchase" really a loan? The Supreme Court explains equitable mortgage and pactum commissorium.

Psychological Incapacity After Tan-Andal: The Laroco Ruling Explained

Understand how the Supreme Court's Laroco ruling applies the Tan-Andal framework on psychological incapacity, shifting focus to mutual incompatibility.

Land Registration Reopened: New Evidence and RA 11573 Can Overcome Res Judicata

The Supreme Court allows previously denied land registration applications to proceed under RA 11573, easing proof requirements and overcoming res judicata.

Moral Turpitude and Public Service: Examining the Boundaries of Mitigation in Administrative Penalties

The Supreme Court clarifies when mitigating circumstances can—and cannot—reduce the penalty of dismissal for conviction of a crime involving moral turpitude.

Trust Receipts and Estafa: Why a Payment Agreement Does Not Erase Criminal Liability

The Supreme Court ruled that a new payment schedule cannot erase criminal liability for trust receipt violations, which are malum prohibitum.

Holdover Appointments and Compulsory Retirement: Key Lessons from Atty. Montenegro v. COA

Learn how the Supreme Court ruled on salaries for public servants who continue working past compulsory retirement without CSC approval.

Conditional Donations: Substantial Compliance and Donor Intent in Land Donations

Supreme Court clarifies that substantial compliance with a donation's primary purpose, not perfect performance, governs conditional land donations.

Forcible Entry: Prior Physical Possession Prevails Over Delayed Evidence

Supreme Court clarifies that in forcible entry cases, prior physical possession is key, and evidence first presented on appeal cannot be considered.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Tax Collection Prescription: CIR's Collection Efforts Barred by Three-Year Period

Supreme Court affirms CTA ruling that the CIR's right to collect deficiency taxes prescribed after three years from assessment notice.

Constructive Dismissal vs. Voluntary Resignation: Key Lessons from ABS-CBN v. Magno

The Supreme Court clarifies the burden of proof in constructive dismissal claims and the fine line between forced and voluntary resignation.

Conspiracy in Grave Coercion: Proving Guilt Beyond Reasonable Doubt

The Supreme Court acquits a mayor of grave coercion, ruling that conspiracy requires proof beyond reasonable doubt, not mere speculation.

Police Blotter Duties Clarified: Valderas v. Sulse on Neglect of Duty

Supreme Court clarifies police blotter scope and simple neglect of duty in Valderas v. Sulse, protecting officers from baseless administrative cases.

VAT Refund Timelines: The 120+30 Day Rule and Its Window Period Exception

Philippine Supreme Court clarifies VAT refund filing deadlines, the mandatory 120+30 day rule, and the window period exception under BIR Ruling DA-489-03.

VAT Refund Claims: The Window Period Exception to the 120-Day Rule

Learn how the Supreme Court applied the window period exception in VAT refund claims, allowing taxpayers to file judicial claims without waiting for the 120-day period.

Graft and Conspiracy: When Private Individuals Become Publicly Liable

Explore the Supreme Court ruling on splitting government contracts and conspiracy liability in procurement under RA 9184.

Treachery in Murder Cases: Why a Heated Argument Can Downgrade the Crime to Homicide

The Supreme Court explains when a killing after a heated argument lacks treachery, reducing murder to homicide under Philippine law.

Naturalization in the Philippines: Strict Compliance Required, Even for Refugees

Philippine naturalization demands strict compliance with all legal requirements, as shown by a recent Supreme Court ruling denying a refugee's citizenship application.