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 1,980 articles for writ

Gross Negligence of Counsel: When Final Convictions Can Be Reopened for Due Process

When a lawyer's gross negligence and lies cost a client the right to appeal, the Supreme Court may recall a final judgment to protect due process.

Eminent Domain and Prior Rights: Resolving Land Disputes in Infrastructure Projects

Philippine Supreme Court ruling on contract rights, port operations, and jurisdictional issues in infrastructure disputes.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Illegal Dismissal: Employer Liability After a Prolonged Business Suspension

When a business suspension exceeds six months, employers must validly terminate or recall workers. Learn the rules from a 2023 Supreme Court ruling.

When Silence Isn't Golden: Novation and Debtor Substitution in Philippine Law

The Supreme Court clarifies when a creditor's silence or acceptance of payments amounts to novation and debtor substitution.

Simple Neglect of Duty: When a Clerk of Court's Caution Crosses the Line

The Supreme Court clarifies when a clerk of court's erroneous reliance on procedural rules amounts to simple neglect of duty, not gross misconduct.

Chain of Custody Breaks Lead to Acquittal in Election Weapon Ban Case

Supreme Court acquits accused in election weapons ban case due to broken chain of custody over seized folding knife.

Supreme Court Clarifies Good Faith Defense in PDAF NGO Contract Irregularities

SC ruling clarifies when failure to conduct public bidding in PDAF-funded NGO projects constitutes grave misconduct versus simple misconduct.

Citizen Suits and Native Title: What the Maliones Case Means for Philippine Environmental Law

The Supreme Court clarifies that citizen suits protect the environment but cannot resolve native title claims, which belong to the NCIP.

Lawyer Misconduct When Dishonesty Leads To Disbarment IN THE Philippines

A lawyer who issues worthless checks and reneges on obligations may face disbarment, especially if a repeat offender.

Libel in the Philippines: When Posting a Complaint Becomes a Crime

The Supreme Court clarifies the elements of libel, including publication and malice, in a case involving posted criminal complaints.

When Can a City Demand Access to Private Property? The Caloocan Case

The Supreme Court clarifies when local governments may demand access to private roads, balancing public service duties against property rights.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Party-List Nominee Qualifications: Supreme Court Strikes Down Ban on Losing Candidates

The Supreme Court ruled Congress may set party-list nominee qualifications, but struck down the ban on losing candidates as violating equal protection.

Upholding Mutuality in Loan Agreements: Scrutinizing Interest Rate Adjustments

The Supreme Court clarifies when a bank's interest rate adjustments in loan agreements are valid, reaffirming the principle of mutuality of contracts.

Writ of Possession: Ministerial Duty vs Third-Party Adverse Claims in Foreclosure Sales

The Supreme Court clarifies when a writ of possession is ministerial and when third-party adverse claims can stop it.

Establishing Filiation: Why Paternity Proof Is Critical in Inheritance Claims

The Supreme Court clarifies that a birth certificate alone cannot prove paternity for inheritance claims unless the alleged father participated in its preparation.

Plea Bargaining in Drug Cases: DOJ Guidelines and Court Discretion in the Philippines

The Supreme Court clarifies when trial courts may approve plea bargaining in drug cases and the role of evidence in resolving objections.

Unconstitutional Bargain: State Control Over Natural Resources in Philippine Seas

The Supreme Court struck down the JMSU as unconstitutional, reaffirming that exploration of the country's natural resources must remain under full State control.

Reconstitution of Lost Land Titles: Strict Compliance with RA 26 Required

The Supreme Court clarifies that substantial compliance is not enough when petitioning for reconstitution of lost or destroyed land titles under RA 26.

Reconstitution of Lost Land Titles: Strict Rules Under RA 26 Explained

Lost your Torrens title? Judicial reconstitution demands strict compliance with RA 26. Learn the rules, evidence, and burden of proof.

Proving Social Media Authorship in VAWC Cases: The G.R. No. 274842 Guide

Supreme Court clarifies how to prove Facebook post authorship in VAWC psychological abuse cases and raises penalties for ICT use.

Psychological Abuse via Facebook: Higher Penalty Under Cybercrime Law

Supreme Court rules posting demeaning messages on Facebook constitutes psychological abuse under RA 9262, with higher penalty under the Cybercrime Prevention Act.

Expropriation Due Process: What Property Owners Must Prove

A Supreme Court ruling on Olongapo expropriation clarifies the requisites for valid taking, the need for genuine negotiation, and the right to a full hearing on defenses.