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 2,187 articles for force

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

Moral Ascendancy in Rape Cases: Why Silence Can Prove the Crime

Philippine law recognizes moral ascendancy as a substitute for force in rape cases. Learn what this means for victims and legal strategy.

Dual Citizenship and Philippine Law Practice: What Lawyers Must Know

How dual citizenship affects a Philippine law license, and the Supreme Court steps to keep practicing under RA 9225.

Civil Liability After Criminal Acquittal: What the Llonillo Case Means

Philippine law allows civil liability to survive a criminal acquittal. Learn the rules and the Supreme Court's ruling in Llonillo.

SEC Quasi-Legislative Power: When Courts Can Review Agency Regulations

The Supreme Court clarifies when courts may review SEC regulations and why injunctions against the agency were improper in the PSE voting rights case.

Human Trafficking in the Philippines: Qualified Trafficking and Child Protection Under RA 9208

Philippine law treats trafficking of minors as qualified trafficking with severe penalties. A recent Supreme Court ruling shows how victim testimony secures convictions.

Foreclosure Judgments Must State Amount and Payment Period: Lontoc v. Tiglao

A foreclosure judgment must specify the exact amount due and the payment period under Rule 68, Section 2, or it cannot be executed.

Medical Malpractice in the Philippines: Proving Negligence After Nuñez vs. Daz

When is a bad medical outcome negligence? The Supreme Court's Nuñez ruling clarifies the high burden of proof in Philippine malpractice cases.

Secret Detention Cells and Detainee Rights Under Philippine Law

The Supreme Court affirms the Ombudsman's dismissal of criminal charges over an alleged secret detention cell, while reminding authorities of detainee rights standards.

Chain of Custody in Drug Cases: How a Broken Link Leads to Acquittal

A broken chain of custody can overturn drug convictions. Learn the strict rules under RA 9165 and what the Cordova ruling means.

Qualified Rape vs. Statutory Rape: Supreme Court Clarifies Child Sexual Abuse Law

The Supreme Court clarifies the proper legal designation for child sexual abuse cases, distinguishing qualified rape from statutory rape under Philippine law.

Independent Contractor vs. Employee: The Control Test in Philippine Labor Law

The Supreme Court clarifies when a "freelancer" is really a regular employee under Philippine labor law, using the control test.

Ghost Employees and Graft Liability: The Supreme Court’s Standard in People v. Reales

The Supreme Court clarifies the burden of proof in ghost employee corruption cases, protecting honest public officials from wrongful conviction.

Child Trafficking Conviction Upheld: What the Supreme Court Ruled in People v. Villaria

The Supreme Court affirms life sentences for eight counts of qualified trafficking in persons, clarifying that a child victim's consent is irrelevant.

When a Sale Among Heirs Can Be Voided: PD 27 and Simulated Land Transfers

Learn when a sale of agrarian reform land among heirs is void under PD 27, based on the Supreme Court's ruling in Dela Cruz v. Dumasig.

Installment Land Sales in the Philippines: Buyer Rights and Contract Reinstatement

Learn how the Supreme Court protects installment buyers' right to reinstate contracts under the Maceda Law.

Alias Writs of Execution: When Can a Second Debt Collection Attempt Be Stopped?

Learn the rules on alias writs of execution in the Philippines, the limited grounds to oppose them, and key lessons from a recent Supreme Court ruling.

Attorney’s Lien vs. Client’s Rights: When Can a Lawyer Withhold a Passport in the Philippines?

The Supreme Court clarifies the limits of an attorney’s retaining lien, ruling that lawyers cannot withhold a client’s passport or other essential documents.

Chain of Custody and the Saving Clause in Philippine Drug Cases

When a flawed drug bust still stands: the saving clause under Section 21, RA 9165, explained through a recent Supreme Court ruling.

One-Year Ban on Appointments for Losing Candidates: Understanding the Restrictions

The Supreme Court clarifies the one-year constitutional ban on appointing losing candidates to government posts, including contractual engagements.

Statutory Rape in the Philippines: Understanding Consent and the Role of Minority

The Supreme Court clarifies when rape becomes qualified and how minority and relationship must be alleged and proven in Philippine criminal cases.

Employee Misconduct and Termination: Understanding Just Cause in the Philippines

When does employee misconduct justify termination in the Philippines? The Supreme Court clarifies the rules on serious misconduct and just cause.

Extortion Under the Color of Authority: Understanding Simple Robbery in the Philippines

When court employees demand money to perform official duties, they commit simple robbery. The Supreme Court explains why in Peralta v. People.

Protecting Children When a Stepfather's Actions Constitute Lascivious Conduct Under RA 7610

The Supreme Court clarifies when a stepfather's lewd acts against his common-law wife's child constitute lascivious conduct under RA 7610, not mere acts of lasciviousness.