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 16091632 of 4,021 articles for sec

Mutuality of Contracts: When Banks Cannot Unilaterally Raise Interest Rates

Philippine Supreme Court ruling on Silos v. PNB explains why unilateral interest rate hikes violate the mutuality principle in loan contracts.

Probation Revocation in the Philippines: New Offenses and Due Process

Learn when Philippine courts can revoke probation for a new offense, and what due process requires in revocation proceedings.

Speedy Trial and Provisional Dismissal: Key Rules from Co v. New Prosperity Plastic Products

The Supreme Court clarifies when provisional dismissal becomes permanent and how the one-year revival period is counted.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

Philippine Supreme Court clarifies that police non-compliance with Section 21, RA 9165 chain of custody rules can defeat drug prosecutions.

Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection

The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.

Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales

When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.

Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer

A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.

Contractual Breach Understanding Rescission Rights IN Mining Agreements

Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.

Counterclaims Survive Independent Adjudication After Complaint Dismissal

The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.

Sheriffs Must Disclose Conflicts of Interest and File Timely Returns on Writs of Execution

The Supreme Court ruled that sheriffs must disclose family ties to parties and file periodic reports on writs of execution, or face administrative liability.

Exclusive Ownership vs Successional Rights: Clarifying Property Claims in Inheritance Disputes

Philippine Supreme Court clarifies when heirs acquire rights to property and how titles describe ownership in inheritance disputes.

Lost Notice Lasting Consequences Attorneys Neglect AND THE Unauthorized Practice OF LAW

A lawyer's "I didn't receive the notice" excuse fails when neglect costs a client due process. Learn the ethical duties at stake.

Local Government Representation Legal Officers Exclusive Authority

Supreme Court clarifies that local government units must be represented by their legal officers, not the OSG, in court cases.

Seafarers' Rights: Implied Contract Extension and Disability Benefits

Philippine Supreme Court ruling on implied contract extension for seafarers and entitlement to permanent total disability benefits under POEA-SEC.

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Lease Agreements and Inheritance: What Tenants Should Know About Property Transfers

A lessee's occupancy does not create a vested right to buy property. Learn the limits of tenant rights when ownership changes.

Ill-Gotten Wealth, Close Association with Marcoses, and Asset Recovery: A Legal Primer

Learn how Philippine courts define "ill-gotten wealth," prove close association with the Marcoses, and recover assets under sequestration laws.

Fraternity Violence and Eyewitness Identification: Proving Guilt Beyond Reasonable Doubt

How the Supreme Court upheld convictions for fraternity violence based on positive eyewitness identification despite masks and chaotic circumstances.

Nepotism in Government Appointments: Abstention Is Not a Cure

The Supreme Court rules that a commissioner's abstention from voting does not cure a nepotistic appointment in the Civil Service Commission v. Cortes case.

Restitution After Judgment Modification: Fairness in Executed Judgments

When the Supreme Court reduces damages after properties have been sold at execution, how are parties made whole? The Eserjose case explains restitution rules.

Probationary Employment: When a Job Description Can Define Clear Regularization Standards

Philippine Supreme Court clarifies when a job description and duties suffice as reasonable standards for probationary employee regularization and dismissal.

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

Finality of Judgments: The Binding Effect of Unchallenged Court Orders

A Supreme Court ruling on how an unchallenged labor decision becomes final, binding, and bars re-litigation of the same issues.