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 382 articles for boundaries

Workplace Boundaries: When Misconduct Crosses Into Sexual Harassment

A Supreme Court ruling clarifies when a supervisor's unwanted kiss is grave misconduct, not simple misconduct, in Philippine administrative law.

Slippage in Construction Contracts: Government Immunity and Contractor Accountability

Philippine Supreme Court ruling on government immunity in construction contracts and contractor liability for project delays and slippage.

Entrapment vs. Instigation: Legal Boundaries in Philippine Drug Cases

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug buy-bust operations under RA 9165.

Defamation and Privileged Communication: Protecting Reputation in the Philippines

Philippine Supreme Court clarifies libel, privileged communication, and damages in Almendras v. Almendras, balancing free speech with reputation protection.

Marital Rape Upholding A Wifes Bodily Autonomy AND Rejecting THE Implied Consent Theory

The Supreme Court affirms that marriage does not imply consent to sexual relations, upholding a wife's bodily autonomy and rejecting the implied consent theory.

Upholding Forfeiture Jurisdiction Over Ill-Gotten Wealth Hidden Abroad

Philippine courts retain jurisdiction over forfeiture cases involving ill-gotten wealth even when assets are hidden in foreign jurisdictions.

Mistake vs Malice: When Honest Error Defeats Theft Charges in the Philippines

The Supreme Court explains when honest mistake negates criminal intent in theft cases, acquitting a man who cut trees on the wrong property.

Sobriety vs Perception: Protecting Rights During Traffic Stops in the Philippines

The Supreme Court acquits a driver of drunk driving and resisting arrest, clarifying that smelling of alcohol is not the same as being under its influence.

Credit Card Suspension: When Banks Must Answer for Negligence and Damages

Philippine Supreme Court ruling on credit card suspension, bank negligence, and cardholder rights to moral and exemplary damages.

Habeas Data and Facebook Privacy: When Photos Posted Online Lose Legal Protection

Philippine Supreme Court ruling on when Facebook photos lose privacy protection and how the writ of habeas data applies to social media posts.

Breach of Trust as Just Cause for Termination: Protecting Employer Confidence

When an employee's dishonesty erodes the employer's trust, dismissal may be justified under Article 282 of the Labor Code.

Breach of Trust Establishing Conspiracy in Qualified Theft Cases in the Philippines

How a cashier's breach of trust led to 30 counts of qualified theft, and what the Supreme Court ruled on penalties.

Customs Broker Accreditation Struck Down: Redundant Licensing Under the Customs Brokers Act

Supreme Court nullifies BOC accreditation requirement for customs brokers, affirming PRC's exclusive regulatory power under RA 9280.

Indirect Contempt and Due Process: Why Hearings Matter in Ejectment Cases

The Supreme Court explains when non-appearance at a preliminary conference justifies judgment without further hearing, and what this means for due process.

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.

Mortgaging Co-Owned Property: Limits on a Co-Owner's Authority

A co-owner cannot mortgage or encumber the entire co-owned property without the consent of all other co-owners. This article explains the limits of a co-owner's authority under Philippine law.

Judicial Conduct on Trial: Balancing Online Presence and Ethical Duties

A Supreme Court ruling on a judge's Friendster photos and courtroom conduct clarifies ethical boundaries for magistrates online and offline.

Dishonesty in Public Office: The Imperative of Truthful Asset Disclosure

A Supreme Court ruling clarifies when SALN misdeclarations constitute dishonesty, not grave misconduct, and the importance of truthful disclosure.

Duty to Disclose Accrued Interest in SALNs and the Limits of Administrative Liability

The Supreme Court clarifies that public officials must declare accrued interest on time deposits in their SALNs, but penalties consider good faith.

When Remand Limits Amendments: Damages in Expropriation Cases

Supreme Court rules on when courts may allow amended complaints after remand in eminent domain cases, protecting property owners' rights.

Monetary Board's Bank Receivership Power Upheld for Public Protection

Supreme Court affirms Monetary Board's power to place banks under receivership without prior hearing, citing the "close now, hear later" doctrine.

Rape and Consent: Why Love Does Not Justify Sexual Assault in Philippine Law

Philippine Supreme Court ruling affirms that being sweethearts is not a license for non-consensual sex, upholding rape convictions and clarifying the sweetheart defense.

Words Matter: Simple Misconduct and the Limits of Free Speech for Public Servants

A Sandiganbayan security guard's vulgar outburst at co-workers was simple misconduct, not grave. The ruling clarifies free speech limits for public servants.

Judicial Ethics: Court Employee Cannot Buy Litigated Property

Court employees must avoid acquiring property in litigation, even outside their court's jurisdiction, to uphold judicial integrity.