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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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Showing 14425–14448 of 25,411 articles

Retraction vs Initial Statements: Weighing Evidence in Illegal Dismissal Cases

When an employee is dismissed for serious misconduct, how should courts weigh a witness's retraction against initial statements? The Supreme Court clarifies.

People v. Abulon: Penetration, Consent, and Rape by Sexual Assault in the Family Home

A 2007 Supreme Court ruling on incestuous rape clarifies when tongue insertion counts as rape, when it is acts of lasciviousness, and how a father's moral sway replaces force.

When Contractual Disputes Must Go to Arbitration and Courts, Not the HLURB

Philippine Supreme Court clarifies when condominium disputes belong to arbitration or courts, not the HLURB, in Frabelle Fishing Corp. ruling.

Procedural Due Process and the Right to Be Heard in Philippine Land Disputes

Philippine courts weigh procedural due process in land disputes, balancing technical rules against substantive justice for all parties.

Judicial Ethics Upholding Decorum in Legal Pleadings and the Limits of Administrative Liability

Court clarifies when a judge's intemperate language in pleadings warrants administrative sanction, and when charges lack substantial evidence.

Navigating Traffic: MMDA Authority and the Limits of Executive Action on Metro Manila Bus Terminals

The Supreme Court ruled on the limits of MMDA authority and executive power in ordering the closure of provincial bus terminals along EDSA.

Bail Without Court Order: When a Clerk of Court May Refuse Cash Bond

Philippine Supreme Court ruling on when a clerk of court may refuse a cash bond and the consequences for lawyers who file baseless administrative complaints.

Safeguarding Public Officers Good Faith AND THE Anti Graft LAW

Explore the PCGG v. Sandiganbayan ruling on res judicata, act of state doctrine, and the duty of public officers to act promptly on requests.

PCGG v. Sandiganbayan: When Delay and Inaction Create a Cause of Action

A look at the Supreme Court ruling that government inaction on requests can itself create a cause of action, and when foreign court rulings do not bar local suits.

DARAB Jurisdiction Over Emancipation Patent Cancellation Cases Explained

When can DARAB cancel an emancipation patent? The Supreme Court clarifies DARAB's exclusive jurisdiction over agrarian reform land disputes.

Jurisdiction Over Non-Residents: Extraterritorial Summons and Actions In Personam

Philippine courts cannot acquire jurisdiction over non-resident defendants in personal actions through extraterritorial service of summons. Learn the rules.

Bouncing Checks and Hearsay: BP 22 Conviction Upheld Despite Evidentiary Challenges

The Supreme Court explains when hearsay testimony may be admitted in a Bouncing Checks case, and why a BP 22 conviction can stand.

Acting Appointments vs Security of Tenure: Clarifying Employment Rights in Philippine Schools

Understand the Supreme Court ruling on acting appointments in schools—when temporary positions do not ripen into permanent tenure.

Upholding Employers' Rights: Just Cause and Due Process in Employee Dismissal

Supreme Court clarifies the twin requirements of just cause and due process in terminating employees, affirming dismissals for misconduct and insubordination.

Unfreezing Marcos-Era Assets: When Philippine Courts Can Act on Foreign Freeze Orders

Explaining the Supreme Court ruling that allows Philippine courts to hear cases involving foreign freeze orders on Marcos-era assets.

Piercing the Corporate Veil: When Parent Companies Can Be Held Liable for Franchise Agreements

Philippine Supreme Court ruling on when courts may disregard corporate fiction and hold companies liable for obligations of related entities.

Forum Shopping and Government Counsel: Land Bank v. Martinez

A look at Land Bank v. Martinez on forum shopping, the OGCC's role as principal counsel for GOCCs, and finality of DARAB decisions.

Reconstitution of Lost Land Titles: Supreme Court Clarifies Evidence Rules in Faustino Co Shu Kiam v. Republic

Supreme Court clarifies evidence requirements for reconstituting lost land titles under Republic Act No. 26, reversing the Court of Appeals.

Judge Dismissed for Gross Immorality: Ethical Standards in the Judiciary

Supreme Court dismisses a judge for an extramarital affair and suspends him from law practice, reaffirming strict ethical standards for the judiciary.

Prescription vs Possession: Quieting Title and Indefeasibility in Land Disputes

Explore how prescription, possession, and indefeasibility of title interact in land disputes, and what the Supreme Court ruled on jurisdiction.

Dishonesty IN Public Service Falsification OF Official Documents Leads TO Dismissal

Navigating Corporate Disputes: The Boundaries of Forum Shopping and Litis Pendentia in Philippine Law

Philippine Supreme Court clarifies when two corporate cases are not forum shopping or litis pendentia, using the Taningco dispute as a guide.

Bail and Conspiracy: Delineating Liability in Plunder Cases

The Supreme Court clarifies how conspiracy affects bail in plunder cases, ruling that an accused is liable only for predicate acts he allegedly committed.

Corporate Veil and Jurisdiction in Ill-Gotten Wealth Cases: UBC v. Sandiganbayan

When a company is merely the res of an ill-gotten wealth case, it need not be impleaded, and the Sandiganbayan retains jurisdiction over it.