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 606 articles for counsel

Robbery with Homicide: When a Deadly Robbery Is Only Simple Robbery

The Supreme Court explains when a death during a robbery still results in simple robbery, not robbery with homicide.

Chain of Custody in Drug Cases: Why Broken Links Lead to Acquittal

The Supreme Court acquits a drug suspect due to broken chain of custody. Learn the four links and insulating witness rules under RA 9165.

Balancing Procedural Rules and Substantive Justice in Criminal Appeals

The Supreme Court recalls an entry of judgment and reinstates a drug conviction appeal, showing when procedural lapses yield to substantive justice.

Why Witness Presence in Drug Seizures Matters: People v. Abueva

The Supreme Court acquitted a drug suspect because police failed to secure required witnesses during seizure and inventory. Learn the rules.

The 60-Day Rule on Suspension of Arraignment: A Philippine Supreme Court Case Insight

Learn how the 60-day limit on suspending arraignment under Rule 116 protects the right to speedy trial, explained through a 2020 Supreme Court ruling.

Extrajudicial Ejectment in Philippine Leases: What the CJH v. Aniceto Ruling Means

The Supreme Court clarifies when extrajudicial ejectment clauses in lease agreements are valid and enforceable in the Philippines.

Client’s Death and Counsel’s Duty: The 30-Day Notification Rule Under Section 16, Rule 3

A lawyer must notify the court within 30 days of a client’s death and name the legal representatives—or face disciplinary action.

Correcting Birth Certificate Errors: Why Impleading Indispensable Parties Matters

Philippine Supreme Court ruling explains why correcting birth certificate errors requires impleading all affected parties under Rule 108.

Late Judicial Affidavits in Philippine Courts: When Late Submission Is Allowed

Learn when Philippine courts may allow late judicial affidavit submission under the Judicial Affidavit Rule, citing Say v. Dizon.

Rape vs. Lascivious Conduct: Key Lessons from a Landmark Philippine Case

The Supreme Court clarifies when sexual acts against minors are rape or lascivious conduct under RA 7610.

Attempted vs. Frustrated Homicide: The Gemenez Ruling on Proving Fatal Injuries

The Supreme Court clarifies when a shooting is attempted, not frustrated, homicide—key lessons on proving fatal injuries.

Transferee Pendente Lite in Trademark Assignments: The Sunfire Trading Case

Learn how the Sunfire Trading ruling clarifies that buying a trademark during litigation binds the buyer to the case's outcome.

Judicial Decorum in Philippine Courts: Lessons from Judge Dajao's Vulgar Conduct Case

The Supreme Court fined a judge for vulgar language and self-promotion, reaffirming strict standards of judicial decorum under Philippine law.

Lawyer Misconduct: The Consequences of Filing Baseless Lawsuits in the Philippines

The Supreme Court suspends a lawyer for two years for filing baseless suits to harass an opposing party—a lesson on the limits of a lawyer's zeal.

Moral Character and Bar Admission: Overcoming Obstacles to Legal Practice

How the Supreme Court weighed pending criminal cases against moral fitness in bar admission, and when a bar applicant may finally take the oath.

Implied Lease Renewals and Right of First Refusal: What Tenants Should Know

Philippine Supreme Court ruling clarifies that implied lease renewals do not revive a tenant's right of first refusal unless expressly agreed.

Timely Filing of Motions: Why Service on Counsel Matters in Philippine Courts

Learn how the Supreme Court clarified that notice to counsel, not the party, determines the timeliness of motions in Philippine litigation.

Substantial Compliance in Verification: When Procedural Lapses Still Cost the Case

Philippine Supreme Court clarifies that substantial compliance with verification rules cannot excuse a belatedly filed motion for reconsideration in civil cases.

Balancing Justice and Procedure: When Technicalities Yield to Substantive Rights

A Supreme Court ruling on late filings, procedural rules, and the limits of substantial justice in Philippine litigation.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Finality of Monetary Awards in Labor Cases: The Tan v. Dagpin Rule

Learn how the Supreme Court's Tan v. Dagpin ruling protects final labor judgments from recomputation after full payment.

Child Abuse Under RA 7610: Intent as the Key Element

The Supreme Court clarifies that intent to debase or degrade is essential to prove child abuse under RA 7610.

Attorney Suspended for Neglecting Duty of Diligence and Failing to File Appellant's Brief

A lawyer's failure to file an appellant's brief and update his address led to dismissal of his client's appeal and a six-month suspension.

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.