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 313 articles for erb

Online Psychological Abuse Under RA 9262: When Facebook Posts Become Crimes

The Supreme Court clarifies when Facebook posts constitute psychological abuse under RA 9262 and how ICT use raises penalties.

Seafarer Death Benefits: Proving Suicide as a Defense Against Employer Liability

The Supreme Court explains when an employer may escape liability for seafarer death benefits by proving suicide as a willful act.

Conflicting Medical Reports: When a Seafarer Gets Full Disability Benefits

Philippine Supreme Court rules on conflicting company doctor reports, entitling seafarer to full permanent disability benefits under POEA-SEC.

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

Spontaneous Confessions in Parricide Cases: When the Right to Counsel Does Not Apply

A son's spontaneous confession to police was admissible despite no lawyer present, because custodial investigation had not yet begun.

Surety Bonds and Indemnity: Why Renewal Disputes Don't Erase Contractual Liability

Philippine Supreme Court rules that a deed of indemnity authorizing bond renewals binds signatories even without separate consent to each renewal.

Demolition Orders and Due Process: Key Lessons from the Alangdeo Case

The Supreme Court invalidated a demolition order in Alangdeo v. City Mayor of Baguio, reinforcing due process and legal safeguards for property owners.

Garbage Fees and Socialized Housing Tax: When Local Levies Go Beyond Legal Limits

The Supreme Court ruled on Quezon City's power to impose garbage fees and socialized housing tax under the Local Government Code.

Adverse Possession and Land Registration: Clarifying Requirements for Imperfect Titles

Supreme Court clarifies that possession before a land's classification as alienable and disposable counts toward confirming imperfect title under Section 14(1).

When a Corporate Club Member Changes Nominees: Who Pays the Membership Fee?

Supreme Court ruling on whether a golf club can charge new membership fees when a corporate member replaces its designated nominees.

Self-Defense and the Burden of Proof: Evidence Rules in Slight Physical Injuries Cases

A Supreme Court ruling explains self-defense burdens and when unoffered evidence may still be admitted in slight physical injuries cases.

Lawyer Suspended for Misappropriating Client Funds in Breach of Fiduciary Duty

A lawyer's failure to account for and return client funds collected on behalf of a client constitutes gross misconduct warranting suspension.

Breach of Trust Estafa Conviction Affirmed in Jewelry Consignment Case

Supreme Court affirms estafa conviction for consignee who sold jewelry on credit and failed to remit proceeds or return items.

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.

When a Heated Argument Is Not "Fighting": A Philippine Labor Law Lesson on Just Cause Dismissal

Philippine Supreme Court clarifies that "fighting" as a just cause for dismissal requires physical combat, not mere verbal altercations.

Balancing Housing Rights and Public Interest in Philippine Eviction Law

Supreme Court clarifies when evictions without court orders are allowed under RA 7279, and why procedural rules matter in constitutional challenges.

Strict Compliance: The Mandatory Nature of VAT Refund Periods Under the NIRC

The Supreme Court rules that the 120+30 day periods for VAT refund claims are mandatory and jurisdictional, dismissing a belated judicial claim.

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.

Incestuous Rape: Child Victims' Testimony and Parental Responsibility

Supreme Court affirms rape conviction based on child victim's credible testimony, clarifies attempted rape vs. acts of lasciviousness distinction.

Maceda Law Protecting Installment Buyers From Improper Contract Cancellations

Learn how the Maceda Law protects installment buyers from improper contract cancellations and what the Supreme Court said about buyer rights.

Voluntary Resignation vs Constructive Dismissal: What Employees Must Prove

The Supreme Court clarifies when a resignation is voluntary and not constructive dismissal, and what evidence employees must present.

Perfecting Land Titles: Possession Requirements for Public Land Registration in the Philippines

Understand the possession rules for registering public land under PD 1529, including the June 12, 1945 requirement clarified by the Supreme Court.

VAT Liability and Contractual Stipulations: Lessons from Mendiola v. Commerz Trading

Philippine Supreme Court clarifies who bears VAT liability when a contract shifts tax burden—and who must pay the BIR.

Stock Certificate Delivery: A Prerequisite for Valid Stock Transfer in the Philippines

Philippine Supreme Court ruling on why physical delivery of stock certificates is essential to transfer ownership and what it means for buyers and sellers.