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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 16105–16128 of 25,411 articles

Motion for Reconsideration Before Sandiganbayan: No Hearing Required for Finality

A Sandiganbayan decision is not final until it properly resolves a motion for reconsideration—even if the motion was not set for hearing.

Attorney Misconduct When Personal Debt Leads to Professional Discipline in the Philippines

When can a lawyer's unpaid personal debt and bouncing checks lead to suspension? The Supreme Court explains in Tomlin v. Moya.

Breach of Contract and Banks Duty: Damages for Malicious Suspension of Credit Line

A bank that maliciously suspends a credit line breaches its contract and may be liable for damages, as the Supreme Court ruled in Republic Planters Bank v. Montinola.

Sheriffs Duty AND Execution OF Judgments WHY Following Procedure Matters

A sheriff's deviation from execution procedure, even without malice, can lead to administrative liability. Learn the rules.

Due Process in Indirect Contempt: Why Judges Must Follow Procedure

A judge fined P20,000 for detaining a litigant without hearing—explaining the due process required in indirect contempt cases.

Retrenchment in Philippine Labor Law: When Cost-Cutting Becomes Illegal Dismissal

Philippine Supreme Court clarifies the strict requirements for valid retrenchment and redundancy, and the consequences of bad-faith dismissals.

Intent to Kill: How Philippine Courts Determine Attempted and Frustrated Homicide

Learn how Philippine courts distinguish attempted from frustrated homicide through intent to kill, based on a 2006 Supreme Court ruling.

Overt Acts and Intent: Understanding Attempted Rape Convictions in the Philippines

The Supreme Court explains when acts amount to attempted rape and when they only constitute light coercion.

Retrenchment Requisites Philippine Supreme Court Upholds Employee Rights Against Unsubstantiated Loss Claims

Philippine Supreme Court clarifies retrenchment requisites, ruling that employers must prove actual losses with evidence, not mere allegations.

Forcible Entry in the Philippines: Why Prior Physical Possession Evidence Wins Cases

Learn how Philippine courts decide forcible entry cases, why prior physical possession evidence matters, and key lessons from Buduhan v. Pakurao.

Bound by Your Lawyer's Mistakes: Client Responsibility in Philippine Courts

A Supreme Court ruling on reconveyance, implied trusts, and why clients are bound by their counsel's procedural lapses.

Client Bound by Lawyer's Negligence: Finality of Judgments in Philippine Courts

Philippine Supreme Court ruling on how clients are bound by their counsel's actions, finality of judgments, and limits of certiorari.

Verification and Certification of Non-Forum Shopping: Why Your Personal Signature Matters

A party must personally sign the verification and certification against forum shopping; a lawyer's signature, even with an SPA, may be fatal.

Reconveyance and Implied Trust: When Fraudulent Titles Must Yield to Actual Possession

A Supreme Court ruling on reconveyance, implied trust, and why actual possession can defeat fraudulently obtained Torrens titles.

Regular vs Casual Employment in the Philippines: Key Protections for Long-Term Workers

The Supreme Court clarifies when a worker becomes regular under Article 280, protecting long-term employees from dismissal without just cause.

Freeport vs Customs Territory: Navigating Importation Laws in Philippine Economic Zones

Supreme Court ruling on EO 156 clarifies that importation bans in customs territory do not automatically apply inside the Subic Bay Freeport.

Defining the Boundaries of Rape When Contact Does Not Constitute Penetration

Philippine Supreme Court clarifies when sexual contact without penetration constitutes rape, examining the legal definition and elements of the crime.

Is Your Job Transfer a Demotion? Understanding Constructive Dismissal in the Philippines

Learn when a job transfer becomes constructive dismissal in the Philippines, the legal tests, and what remedies employees can claim.

Immediate Deposit Rule for Court Clerks: Accountability Despite Full Restitution

Court clerks must deposit judiciary funds immediately. Restitution does not erase administrative liability, as this Philippine Supreme Court ruling shows.

Torrens Title Indefeasibility: Why Land Registration Must Be Timely and Accurate in the Philippines

Philippine Supreme Court explains why a Torrens title cannot be collaterally attacked and why land registration must be timely and accurate.

Permanent vs Temporary Appointments: Security of Tenure in Philippine Civil Service

A Supreme Court ruling clarifies when a "permanent" appointment is actually temporary, and what it means for security of tenure in government service.

Voluntary Inhibition of Judges in the Philippines: Impartiality and Public Trust

How Philippine courts handle voluntary inhibition of judges, ensuring impartiality and public trust in the judiciary, with practical guidance.

Validity of Adoption in Estate Settlement: Why a Decree Stands Until Annulled

A valid adoption decree cannot be attacked collaterally in estate proceedings. Learn the rule from Reyes v. Sotero.

Corporate Autonomy and Employee Benefits: The PPA Hazard Pay and Birthday Gift Case

The Supreme Court clarifies when government-owned corporations can grant employee benefits, using the PPA hazard pay and birthday cash gift case.