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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 15649–15672 of 25,411 articles

IBP Governance and Lawyer Discipline: Suspension for Misuse of Client Funds

Supreme Court suspends IBP president for misusing client funds, clarifies res judicata in disbarment cases, and affirms IBP removal powers.

Laches and Indigenous Land Rights: When Delaying a Claim Can Cost You Everything

A Supreme Court ruling shows that laches can bar recovery of ancestral land, even when a sale lacked required government approval.

Judicial Discretion vs Abuse: Understanding the Limits of Administrative Complaints Against Judges in the Phil

When can a judge's error become an administrative offense? The Supreme Court clarifies the line between judicial discretion and abuse.

Illegal Dismissal in the Philippines: Reinstatement and Backwages Explained

Understand the rights of illegally dismissed employees in the Philippines—reinstatement, full backwages, and other benefits under Article 279 of the Labor Code.

Ballot Appreciation Rules and Voter Intent in Philippine Election Contests

How Philippine courts read ballots to honor voter intent, from idem sonans to marked ballots, explained through a barangay election dispute.

Attorney Suspended for Failing to Account for Client Funds Withdrawn from Court

Lawyer suspended two years for withdrawing P255,000 in client rentals without accounting, violating the Code of Professional Responsibility.

Extrinsic Fraud and Indispensable Parties: Protecting Due Process in Civil Actions

When a suit excludes an indispensable party, the judgment may be void. Learn the Rule 47 remedy of annulment for extrinsic fraud.

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

Judge Dismissed for Gross Immorality: Extramarital Affair and Child Warrant Removal from the Bench

The Supreme Court dismissed a judge for gross immorality after he had an extramarital affair and fathered a child, and suspended him from law practice for three years.

Upholding Ethical Standards: Notarial Misconduct and Falsification of Documents

A lawyer-notary's antedated document and false acknowledgment lead to suspension, underscoring the sacred duty of notaries public.

VAT Zero-Rating for PEZA-Registered Enterprises: Tax Incentive Choices Clarified

PEZA firms choosing income tax holiday over 5% gross income tax remain VAT-registered and may claim zero-rated refunds on export sales.

Motion for Reconsideration and Election Protests: The CCP Board Case

The Supreme Court ruled on the constitutionality of filling vacancies in the CCP Board and the limits of the President's appointing power.

Land Registration in the Philippines: The Critical Role of Publication

Why publication in the Official Gazette is a non-negotiable jurisdictional requirement in Philippine land registration and cadastral cases.

Self-Defense vs. Alibi: How Philippine Courts Weigh Homicide Defenses

A Supreme Court ruling in a 1994 Occidental Mindoro fiesta killing shows why alibi is the weakest defense and why witness credibility often decides homicide cases.

Proving Causation in Delayed Illness Claims: Philippine Employee Compensation Law

Learn how Philippine courts decide employee compensation claims when illness or death occurs years after employment ends, and what proof is required.

Unmarried Cohabitation and Property Rights in the Philippines: A Comprehensive Guide

Learn how Philippine law treats property acquired during unmarried cohabitation, including co-ownership rules, judicial separation, and practical legal tips.

When Does Prescription Start for a Renunciation Agreement? Caoibes v. Caoibes-Pantoja

Learn when the prescriptive period runs for enforcing a renunciation agreement, based on the Supreme Court's ruling in Caoibes v. Caoibes-Pantoja.

Behest Loans and the Ombudsman's Discretion: When Courts Refuse to Intervene

The Supreme Court affirms the Ombudsman's dismissal of behest loan charges against DBP officials, underscoring the wide discretion given to the Ombudsman in determining probable cause.

Notarial Misconduct and the Duty of Candor: Lessons from Mondejar v. Rubia

A lawyer-notary's false notarization and lack of candor lead to suspension, underscoring the sacred duties of the notarial office.

Philippine CHR Fiscal Autonomy: Why Budget Independence Doesnt Mean Unchecked Power

The Supreme Court clarifies that fiscal autonomy for constitutional bodies like the CHR does not grant unlimited, unchecked power over public funds.

Right to Access Court Records: Balancing Public Interest and Privacy

Philippine Supreme Court clarifies when court records are public, who may access them, and how courts balance transparency with privacy.

Preliminary Injunctions and Bank Deposits: Protecting Depositors' Rights

The Supreme Court clarifies that preliminary injunctions preserve the status quo and cannot be used to transfer bank deposits before trial.

Donations to Unregistered Organizations in the Philippines: When Are They Valid?

Philippine Supreme Court ruling on donations to unregistered organizations: why juridical personality matters and what donors and groups must know.