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 355 articles for clear and convincing evidence

Missing Deed of Sale Does Not Invalidate Land Title: Presumption of Regularity Explained

A missing Deed of Sale does not automatically invalidate a TCT. Learn how the presumption of regularity protects registered land titles.

Land Registration: Proving Possession Since June 12, 1945 for Title Applications

Philippine Supreme Court ruling on pacto de retro sales, indispensable parties, and evidentiary weight of notarized documents in land title disputes.

Simulated Contracts: When a Deed of Sale Isn't Really a Sale

Philippine Supreme Court explains when a deed of sale is absolutely simulated and void, using Tanchuling v. Cantela as a guide.

Resignation vs. Constructive Dismissal: When Leaving a Job Is Not Forced

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and which money claims belong in labor courts.

Confessions and Counsel: Safeguarding Rights in Criminal Investigations

The Supreme Court clarifies when the right to counsel applies in confessions and what makes a lawyer "competent and independent" under Philippine law.

Reconveyance Claims: Proving Ownership by Clear and Convincing Evidence

A look at Ibot v. Heirs of Tayco, where the Supreme Court clarified the burden of proof in reconveyance actions and the limits of Torrens title challenges.

Upholding Ministerial Duty Dismissal OF Disbarment Complaint FOR Good Faith Registration Actions

Supreme Court dismisses disbarment complaints against lawyers and registrars over good faith registration actions, clarifying ministerial duties.

Self-Defense vs. Criminal Intent: Proving Guilt Beyond Reasonable Doubt in Homicide Cases

Philippine Supreme Court ruling clarifies when self-defense fails and how treachery qualifies killing as murder, not homicide.

Finality of Settlements: How Quitclaims Impact Employment Disputes

Philippine Supreme Court clarifies when quitclaims are valid and binding in labor disputes, protecting employees from waivers made under duress.

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.

Protecting Property Rights: Good Faith Purchasers vs Unregistered Claims

Philippine Supreme Court ruling on good faith purchasers, unregistered claims, and property rights under Article 1544 of the Civil Code.

Reinstatement to the Bar: Proving Moral Reformation and Rehabilitation

The Supreme Court denies a disbarred lawyer's plea for reinstatement, clarifying the high burden of proving moral reformation.

Reconstitution of Lost Title Allowed: Supreme Court Clarifies R.A. 26 Requirements

Supreme Court clarifies the rules on judicial reconstitution of lost certificates of title under Republic Act No. 26.

Forged Documents and Land Titles: Protecting Registered Owners From Fraudulent Sales

The Supreme Court clarifies the rules on judicial reconstitution of lost titles under Republic Act No. 26, protecting registered owners from fraud.

Shared Intent, Shared Guilt: Understanding Conspiracy in Philippine Homicide Law

The Supreme Court explains how conspiracy works in homicide cases—when one acts, all are liable, even without direct participation.

The Weight of Silence: Accomplice Liability in Kidnapping for Ransom

When does silence and serving food make someone an accomplice to kidnapping for ransom? The Supreme Court explains.

Exclusive Ownership vs Successional Rights: Clarifying Property Claims in Inheritance Disputes

Philippine Supreme Court clarifies when heirs acquire rights to property and how titles describe ownership in inheritance disputes.

Reconstitution of Lost Titles: Proving Loss of Owner's Duplicate Under RA 26

Supreme Court clarifies evidence needed to reconstitute a lost or destroyed certificate of title under Republic Act No. 26.

Reconstitution of Title: Proving Loss of Owner's Duplicate Copy

Supreme Court clarifies evidence needed to reconstitute a lost certificate of title, emphasizing proof of loss over mere speculation.

Forged Documents and Good Faith: Protecting Land Ownership in the Philippines

When forged deeds meet buyers' good faith, Philippine courts weigh title protection against prudence. Learn the rules from a recent Supreme Court ruling.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

Torrens Title Indefeasibility and the Burden of Proof in Land Registration Applications

The Supreme Court clarifies that tax declarations alone cannot prove possession since 1945, a key requirement for judicial land registration under P.D. 1529.

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

Probable Cause in Kidnapping Cases: When Prosecutors Overstep Their Role

The Supreme Court clarifies the standard for probable cause in preliminary investigations and when a prosecutor's dismissal amounts to grave abuse of discretion.