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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Intoxication and Consent: Examining the Boundaries of Rape in Philippine Law
Supreme Court ruling on when intoxication negates consent in rape cases, explaining the elements of rape and the burden of proof.
Establishing Attorney Client Relationship Actions Imply Consent Beyond Written Agreements
Philippine Supreme Court clarifies that lawyer-client relationships can be implied from actions, not just written contracts, in administrative case.
Bank Deposit Secrecy in Insolvency: Creditors Cannot Waive a Debtor's Rights
Supreme Court rules creditors cannot waive an insolvent debtor's bank deposit secrecy rights without the debtor's written consent or receiver's conformity.
Bank Deposit Secrecy: Upholding Depositor Rights in Insolvency Proceedings
The Supreme Court rules that a corporation's bank deposits stay confidential in insolvency unless the depositor gives written consent to waive secrecy.
Earnest Money Misconceptions When A Deposit Doesnt Guarantee A Sale
The Supreme Court clarifies that earnest money only binds a seller after a contract of sale is perfected—not before consent is given.
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.
Co-Ownership and Land Sales: When Selling a Definite Portion Is Invalid
A co-owner cannot sell a definite portion of undivided land without all co-owners' consent. Learn the rules from Cabrera v. Ysaac.
Rape and the Incapacity to Consent: Protecting the Intellectually Disabled in Philippine Law
Philippine law treats rape as a violation of autonomy, especially when the victim cannot consent due to intellectual disability. This article explains the key ruling.
Rape and Consent: How the Sweetheart Defense Fails Against Proof Beyond Reasonable Doubt
Philippine Supreme Court explains why the sweetheart defense cannot defeat a rape conviction when the victim's testimony proves force and intimidation.
Rape Conviction Upheld: The Critical Role of Victim Testimony and Consent in Philippine Law
Supreme Court affirms rape conviction, explaining how credible victim testimony establishes force and lack of consent under Philippine law.
Duress in Mortgage Contracts: Reasonable Fear and Legal Claims Under Philippine Law
Philippine Supreme Court clarifies when fear or duress voids a mortgage, and why threatening a legal claim does not vitiate consent.
Upholding Union Registration: No Fraud Without Vitiated Consent
Supreme Court clarifies that minor errors in union registration do not justify cancellation absent fraud vitiating member consent.
Mortgaging Co-Owned Property: Limits on a Co-Owner's Authority
A co-owner cannot mortgage or encumber the entire co-owned property without the consent of all other co-owners. This article explains the limits of a co-owner's authority under Philippine law.
Challenging the Sweetheart Defense: Consensual vs Forced Intimacy in Philippine Rape Cases
Philippine Supreme Court ruling on when the "sweetheart defense" fails in rape cases, and how courts weigh consent against force and intimidation.
Co-Ownership Rights Selling Your Share Without Consent Philippines
Can a co-owner be forced to sell their share? The Supreme Court explains Article 493 rights and the remedy of partition.
Upholding Collective Bargaining: Why CBA Amendments Need Both Parties' Consent
A CBA binds both employer and union. Unilateral changes violate the law and the non-diminution rule, as this Supreme Court ruling shows.
Lawyer Suspended for Negligence and Conflict of Interest in Client Matter
A lawyer who neglected a client's case for five years and appeared against the client without consent was suspended for six months.
Client Neglect and Conflict of Interest: Attorney Suspended for Six Months
Philippine Supreme Court suspends a lawyer for neglecting a client's land titling case and appearing against the client without consent.
Mutuality of Contracts: Banks Cannot Unilaterally Impose Interest Rate Hikes on Loans
Philippine National Bank v. Manalo clarifies that banks cannot unilaterally raise loan interest rates without borrower consent under Article 1308 of the Civil Code.
Surety Bonds Survive Debt Extension: Key Supreme Court Ruling on Article 2079
Extension of a principal's debt without a surety's consent does not automatically extinguish surety bonds, per the Supreme Court.
Tenancy Rights and Landowner Consent: Key Lessons from Quintos v. DARAB
The Supreme Court clarifies that no tenancy relationship exists without the landowner's consent, even if an agent or possessor installs tenants.
Tenancy Rights: Landowner's Consent Required for Valid Leasehold Agreement
Philippine Supreme Court clarifies that tenancy requires landowner consent; a mortgagee or possessor cannot install tenants without authority.