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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 15769–15792 of 25,411 articles

Burden of Proof in Bank Overdraft Claims: Security Bank v. Gan

Banks must prove overdraft claims with competent evidence; ledger entries alone are insufficient when the entrant lacks personal knowledge.

Tugboat Owner's Negligence in Ensuring Seaworthiness Makes It Liable for Barge Damage

Philippine Supreme Court ruling on tugboat owner's liability for barge damage due to failure to ensure vessel seaworthiness and diligence in towage contracts.

Adoption Requires Clear Parental Consent Protecting Family Rights IN THE Philippines

Philippine Supreme Court ruling on adoption: biological parent's written consent is indispensable, and foreign documents must be authenticated.

Emancipation Patent as Proof of Land Ownership Security for Agrarian Reform Beneficiaries

Explains how an emancipation patent conclusively vests absolute ownership in farmer-beneficiaries, protecting them from eviction and landowner claims.

Gross Negligence of Counsel Can Justify New Trial in Criminal Cases

When a lawyer's gross negligence deprives an accused of due process, courts may reopen the case for a fair trial.

Breach of Public Trust: The High Cost of Dishonesty for Court Officers in the Philippines

Philippine Supreme Court affirms direct bribery convictions of immigration officers and a lawyer, emphasizing public trust and accountability.

Publication Requirement for Local Tax Ordinances: Manila Revenue Code Void

Supreme Court affirms that a local tax ordinance published only once, not for three consecutive days, is null and void.

Workplace Misconduct and Fund Accountability: Lessons from a Clerk of Court Case

A clerk of court's failure to timely remit judiciary funds constitutes gross misconduct, even after full restitution.

Seafarer Disability Claims: Fit for Duty Assessments and Quitclaims in the Philippines

Philippine Supreme Court ruling on seafarer disability claims, fit for duty assessments by company-designated physicians, and validity of quitclaims.

Consignation and the Debtor's Right to Withdraw: Lessons from Banco Filipino v. Diaz

When can a debtor withdraw a consignated deposit? The Supreme Court explains the rules under Article 1260 of the Civil Code.

Dismissal for Failure to Prosecute: When Procedural Lapses Cost the Case

Philippine Supreme Court clarifies dismissal for failure to prosecute, final orders, appeal remedies, and the mandatory 15-day period for motions for reconsideration.

Judicial Efficiency vs. Justice: The Price of Delayed Resolutions

A Supreme Court ruling shows why court clerks must deposit judiciary funds on time, and how delay can amount to gross misconduct and dishonesty.

Tax Exemption vs Beneficial Use: GSIS Charter and Local Government Code Conflict

When does GSIS lose its tax exemption? The Supreme Court clarifies how the Local Government Code limits the GSIS charter's tax immunity.

Lawyer Convicted of Direct Bribery: Acejas III vs. People and the Ethics of Representation

The Supreme Court convicted lawyer Francisco Acejas III of direct bribery for conspiring with a public officer to extort money — a warning to all legal professionals.

Protecting OFW Wages: Unauthorized Contract Alterations and Employer Liability

Philippine Supreme Court ruling on OFW salary reductions, unauthorized contract changes, and solidary employer liability under RA 8042.

Restitution Does Not Erase Administrative Liability for Court Fund Shortages

Philippine Supreme Court ruling: returning missing court funds does not erase administrative liability for gross dishonesty by court personnel.

Unraveling Fraudulent Land Titles Protecting Ownership Through Reconveyance

Gross Receipts TAX Including Final TAX IN THE TAX Base FOR Banks

Mandamus and Medicare Claims: When Courts Can Compel Payment

Philippine Supreme Court ruling on when mandamus can compel SSS to pay Medicare claims despite fraud allegations.

Sheriffs Impropriety Maintaining Impartiality IN Writ Execution

Judicial Courtesy vs Expediency: When Court Deference Delays Cases

The Supreme Court clarifies when courts may suspend proceedings out of judicial courtesy and when they must press on with trial.

Senior Citizen Discounts Understanding TAX Credits FOR Businesses IN THE Philippines

Senior Citizen Discount Tax Credit: Carry-Over Allowed Even Without Tax Due

Supreme Court rules 20% senior citizen discount is a tax credit, not deduction, and can be carried over when no tax is due.

Upholding Judicial Ethics: Lessons from Administrative Cases Against Baguio City Judges

The Supreme Court's consolidated ruling on administrative cases against Baguio City RTC judges clarifies standards of judicial conduct, propriety, and accountability.