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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 15481–15504 of 25,411 articles

Duty to Prosecute: Dismissal for Failure to Actively Pursue a Case

Philippine Supreme Court clarifies when a case may be dismissed for failure to prosecute, and what counts as justifiable cause.

Sheriffs Must Obey Court Orders: Due Process in Implementing Writs of Demolition

A sheriff who proceeds with demolition despite a court order to defer commits simple misconduct. Learn the rules from Gonzales v. Cabigao.

Equitable Mortgage vs Option to Buy: Distinguishing Intent in Property Transactions

Philippine Supreme Court clarifies when a sale with option to buy becomes an equitable mortgage, and the evidence needed to prove it.

Upholding DUE Process When Loss OF Trust Must BE Substantiated IN Employment Termination

Execution of Intra-Corporate Judgments: When Reliefs Align With the Dispositive Portion

Philippine Supreme Court clarifies when a motion for execution may seek reliefs that go beyond a judgment's dispositive portion in intra-corporate disputes.

Dismissal Based on Procedural Lapses: The Criticality of Detailing Material Dates in Certiorari Petitions

A certiorari petition that omits material dates risks outright dismissal. Learn the three essential dates and why precision matters.

Upholding Integrity Penalties for Dishonesty in Daily Time Records Within the Philippine Judiciary

The Court holds that falsifying daily time records is grave dishonesty, warranting dismissal from the judiciary.

Ombudsman Authority and Administrative Liability: The Barillo Case on Dishonesty in Public Service

Explaining the Supreme Court's ruling on administrative liability for dishonesty in public service, citing the Barillo case and its implications.

Breach of Parental Trust: Rape of a Minor and the Abolition of the Death Penalty

The Supreme Court affirms a father's qualified rape conviction but reduces the death penalty to reclusion perpetua under R.A. 9346.

Foreshore Lease Preference: Riparian Rights vs. Reclamation in Philippine Land Law

Supreme Court ruling on whether a littoral owner retains preferential right to lease foreshore land that has been reclaimed by another applicant.

Judicial Restraint vs Workplace Conduct: Defining Boundaries of Authority and Decorum in the Philippine Judici

A Supreme Court ruling on a judge's abuse of authority and a clerk's misconduct clarifies decorum standards for all judiciary personnel.

Union Rights vs Managerial Prerogatives: Defining Supervisory Roles in Labor Law

Philippine Supreme Court clarifies who counts as a supervisory employee eligible to join a union, and the proper remedy for appealing labor decisions.

Dishonesty Beyond Duty: Upholding Dismissal in PAGCOR Case

The Supreme Court ruled that dishonesty need not be work-related to justify dismissal from government service, affirming PAGCOR's dismissal of a branch manager.

Solidary Liability of Overseas Employment Agencies in Illegal Dismissal Claims

When can a Philippine recruitment agency be held solidarily liable with a foreign employer for illegal dismissal? The Supreme Court clarifies the limits.

Breach of Contract: Enforcing Penalty Clauses in Government Projects

Explaining when penalty clauses bind contractors in government projects, based on a Supreme Court ruling on DBP and PD 1594.

When Court Officials Clash: Professional Conduct in the Philippine Judiciary

A Supreme Court ruling on a judge and clerk's public quarrel, and what it means for decorum in the judiciary.

Protecting Childhood Statutory Rape AND THE Irrelevance OF Hymen Integrity

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Custody Rights and Habeas Corpus in Philippine Child Custody Disputes

The Supreme Court clarifies when habeas corpus is proper in custody disputes and how the tender-years rule applies.

Alien Land Ownership Prohibition: Constitutional Limits and Equity Claims

Philippine constitutional law bars aliens from owning land, even through trust or reimbursement claims. Learn from Muller v. Muller.

When a Seafarer's Quitclaim and Delay Bar Disability Claims: The Famanila Case

The Supreme Court explains when a seafarer's quitclaim is valid and how prescription periods bar late disability claims.

Dishonesty and Due Process: When Breach of Trust Justifies Termination

Supreme Court affirms dismissal of sales clerk for unauthorized scrap metal sale, clarifying just cause and due process in Philippine labor law.

Breach of Contract When Fault Is Shared: Losses Lie Where They Fall

Philippine Supreme Court ruling on shared fault in contract breach—losses stay with the party that suffers them. Learn the rules.

Doubt and Acquittal: Assessing Witness Credibility in Attempted Murder Cases

The Supreme Court acquits Gerardo Biong of attempted murder, stressing that credible testimony, not just a credible witness, is required for conviction.