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 15371560 of 4,223 articles for tro

Medical Negligence: Establishing the Standard of Care in Anesthesia

The Supreme Court clarifies when res ipsa loquitur applies in medical negligence cases and why expert testimony on the standard of care remains essential.

Lawyer Suspended for Negligence and Conflict of Interest in Client Matter

A lawyer who neglected a client's case for five years and appeared against the client without consent was suspended for six months.

Attachment Liens Priority AND Protection IN Real Property Disputes

A prior attachment lien survives title cancellation and transfers, binding the property and subsequent purchasers until the debt is paid.

Contempt of Court: Balancing Free Speech and Judicial Integrity in the Philippines

The Supreme Court explains when criticism crosses the line into contempt, using a lawyer's letter to a Court Administrator as the cautionary example.

Excise Tax Refunds for Petroleum Sold to International Carriers: Shell Ruling Explained

The Supreme Court clarifies when domestic petroleum manufacturers can claim excise tax refunds for fuel sold to international carriers.

Balancing Freedom of Speech and the Sub Judice Rule: Protecting Fair Trial Rights

The Supreme Court clarifies when public comments on pending cases violate the sub judice rule and constitute contempt.

Reasonable Doubt Prevails: Acquittal in Robbery and Falsification Case Due to Insufficient Circumstantial Evid

Supreme Court acquits CA employees in robbery and falsification case, ruling circumstantial evidence must form an unbroken chain to prove guilt beyond reasonable doubt.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Navigating Unofficial Ties: When COA Can Audit MECO Funds Under the One China Policy

A 2014 Supreme Court ruling clarifies MECO's status and when the Commission on Audit may examine its funds.

When Church Approval Is Key: Validity of Property Sales by Religious Corporations

Supreme Court rules on when a religious corporation's property sale is unenforceable without required church approvals, citing the Corporation Code.

Misconduct and Separation Pay: When Is an Employee Entitled to Separation Pay

The Supreme Court clarifies when a dismissed employee may still receive separation pay, and why theft bars such an award.

Chain of Custody in Drug Cases: Why Marking Seized Items Immediately Matters

The Supreme Court acquits a drug possessor due to broken chain of custody, emphasizing the critical importance of immediate marking of seized items.

Safeguarding Independence: Presidential Disciplinary Power Over Deputy Ombudsman Declared Unconstitutional

The Supreme Court strikes down Section 8(2) of RA 6770, affirming the Ombudsman's constitutionally guaranteed independence from presidential disciplinary control.

Habitual Tardiness in the Judiciary: When Punctuality Becomes a Ground for Dismissal

Court employee dismissed for habitual tardiness and absenteeism. Learn the rules on punctuality and public trust in the Judiciary.

Credibility in Rape Cases: The Weight of the Victim's Testimony and Positive Identification

In rape cases, the victim's credible testimony alone can convict. This article explains the rules on credibility, identification, and damages.

Counsel Substitution and Appeal Perfection: Procedural Pitfalls in Labor Disputes

A Supreme Court ruling on how improper counsel substitution and missing non-forum shopping certifications can doom labor appeals.

Treachery and Conspiracy in Philippine Murder Cases: What the Supreme Court Said

A 2014 Supreme Court ruling explains how treachery and conspiracy establish guilt in murder cases. Learn the rules and practical takeaways.

Presumption of Marriage Overcomes Lost Records in Philippine Law

Philippine Supreme Court ruling on how lost marriage records affect proof of marriage, presumption of marriage, and bigamy claims.

Protecting Women and Children: Upholding the Constitutionality of Temporary Protection Orders

The Supreme Court affirms that ex parte Temporary Protection Orders under RA 9262 do not violate due process, protecting women and children from violence.

Exhausting Administrative Remedies: Why Public Servants Must First Seek Internal Solutions

Public servants must exhaust administrative remedies before going to court. The Supreme Court explains why in Ejera v. Merto.

Upholding Public Trust Accountability for Misappropriated Court Funds and Neglect of Duty

Court personnel who mishandle judiciary funds face dismissal or suspension, as the Supreme Court reaffirms strict accountability for clerks of court.

Legal Compensation in Philippine Law: When Can Debts Be Offset?

Philippine law on legal compensation explained through a Supreme Court case on contingent obligations and when debts can be offset.

Burden of Proof in Seafarer Injury Claims: Proving Self-Inflicted Harm

A Supreme Court ruling clarifies when an employer can defeat a seafarer's disability claim by proving the injury was self-inflicted.

Breach of Fiduciary Duty Banks Must Uphold Transparency in Trust Accounts

Philippine Supreme Court ruling on Land Bank v. Oñate clarifies banks' fiduciary duties, transparency obligations, and liability for undocumented trust account withdrawals.