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 145168 of 705 articles for band

Divorce Abroad: How Philippine Courts Recognize Foreign Decrees After Galapon v. Republic

The Supreme Court clarifies that foreign divorce decrees obtained jointly by a Filipino and alien spouse may be recognized under Article 26(2) of the Family Code.

Understanding Misconduct and the Condonation Doctrine in Philippine Local Government

A Supreme Court case study on administrative misconduct and the condonation doctrine in Philippine local government.

Hereditary Succession in Agrarian Reform: Supreme Court Ruling on Tenant Beneficiary Rights

The Supreme Court clarifies how farmholdings under PD 27 pass to heirs, emphasizing DAR's authority over succession and owner-cultivator selection.

Navigating Presumptive Death: Legal Requirements for Declaring a Spouse Deceased in the Philippines

The Supreme Court clarifies the strict "well-founded belief" standard for declaring a spouse presumptively dead under Article 41 of the Family Code.

Judges and Lawyers Face Discipline for Extramarital Affairs: The Aranas Case

The Supreme Court dismissed a judge and suspended him from law practice for gross immorality arising from an extramarital affair.

When a Transfer Is Not Constructive Dismissal: Management Prerogative in Labor Cases

The Supreme Court clarifies when an employee transfer is a valid exercise of management prerogative and not constructive dismissal.

Psychological Violence Under RA 9262: When Facebook Posts Lead to Conviction

The Supreme Court affirms that public Facebook posts causing mental anguish constitute psychological violence under RA 9262, with higher penalties for ICT use.

Understanding Conspiracy and Homicide When Threats Turn Deadly

A Supreme Court ruling clarifies how circumstantial evidence can prove rape with homicide and why alibi often fails.

Forged Signatures and Land Titles: Proving Fraud in Philippine Property Cases

The Supreme Court clarifies what evidence is needed to prove forged signatures in land transactions and reconveyance claims.

Prolonged Preliminary Investigation and Speedy Disposition: What the Supreme Court Said

A dismissed criminal case for failure to prosecute raises the question: when does delay violate the right to speedy disposition of cases?

Disbarment for Adultery and Abandonment: Moral Standards for Philippine Lawyers

The Supreme Court disbarred a lawyer for adultery and abandoning his family, reaffirming that private misconduct reflects on fitness to practice law.

Forcible Entry: Prior Physical Possession Prevails Over Claims of Ownership

Supreme Court clarifies that in forcible entry cases, prior physical possession—not ownership—determines who may seek ejectment.

Disbarment Case: Reprimand for Lawyer's False Statements and Court Disrespect

Supreme Court reprimands lawyer for discourteous language and unfounded accusations against judges and prosecutors in administrative case.

Public Bidding and Travel Permits: When Mayors Fall Under Anti-Graft Law

The Supreme Court affirms the conviction of two mayors for violating Section 3(e) of the Anti-Graft Law over irregular medicine purchases and unauthorized travel reimbursements.

Rape Conviction Upheld: Child Victim Testimony and Flight as Evidence of Guilt

The Supreme Court affirms a rape conviction, explaining why a child victim's credible testimony suffices and why the accused's flight indicates guilt.

Chain of Custody in Drug Cases: When Missing Witnesses Mean Acquittal

A drug conviction was reversed because police failed to secure media and DOJ witnesses during inventory. Learn the chain of custody rules.

Minimum Wage Law Exemption: Employers Must Apply and Prove Payment

Employers cannot claim minimum wage exemption without applying to the Regional Board; payrolls must be original to prove payment.

When Judges Interfere with Writs of Execution: A Lesson in Judicial Conduct

A judge who stopped a sheriff from implementing a writ of execution was fined for conduct unbecoming a judicial officer.

Challenging Ombudsman Decisions: Certiorari vs. Appeal in Administrative Cases

Learn when to file certiorari instead of appeal against Ombudsman decisions in administrative cases, and the limits of the condonation doctrine.

Stop and Frisk During Election Periods: When Police Searches Are Valid

The Supreme Court explains when a warrantless stop and frisk search is valid, using an election gun ban case as an example.

Loss of Trust and Confidence: When a Supervisor's Single Mistake Justifies Dismissal

Supreme Court ruling on when a nurse supervisor's unauthorized taking of hospital supplies justifies dismissal for loss of trust and confidence.

Preliminary Investigation Is a Substantive Right: Lessons from Palacios v. People

The Supreme Court rules that denying a reinvestigation based on procedural guidelines violates due process when the accused was never notified.

Co-Ownership Disputes: How Inheritance and Sales Affect Land Rights in the Philippines

A Supreme Court ruling clarifies when administrative orders on land disputes become final and how co-ownership, inheritance, and sales affect property rights.

Foreign Currency Deposits and Joint Accounts: Consent Requirements in Estate Proceedings

Philippine Supreme Court rules on consent requirements for withdrawing from joint foreign currency deposit accounts during estate settlement.