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 242 articles for pal

Mutuality of Contracts: The Limits of Bank Discretion in Setting Interest Rates

Philippine Supreme Court clarifies that unilateral interest rate setting violates mutuality of contracts, but the principal loan obligation remains valid and enforceable.

Surety Bonds and Reimbursement: When Payment Under Compulsion Is Still Collectible

Philippine Supreme Court ruling on when a surety can recover from the principal debtor after paying a bond under threat of execution.

Surety Bonds and Compromise Judgments: When Payment Is Not Voluntary

A surety's payment under a writ of execution on a compromise judgment is not voluntary; reimbursement from the principal debtor is required.

Accountable Public Officer Failing to Render Accounts: Liability for Cash Advances

Municipal mayors who receive cash advances are accountable officers. Failure to liquidate or return disallowed funds within two months is a crime under Article 218 of the Revised Penal Code.

Boundary Disputes Between Municipalities: Who Has Jurisdiction?

The Supreme Court clarifies which body—the Sangguniang Panlalawigan or the courts—has jurisdiction over municipal boundary disputes under the Local Government Code.

Forum Shopping and Government Counsel: Land Bank v. Martinez

A look at Land Bank v. Martinez on forum shopping, the OGCC's role as principal counsel for GOCCs, and finality of DARAB decisions.

Absence Without Official Leave: Upholding Public Service Standards in the Philippines

Explaining the Supreme Court ruling in Palecpec v. Davis on AWOL, dropping from rolls, and public service accountability.

Rehabilitation Proceedings Suspension of Claims Against Corporations

Philippine Airlines v. PALEA clarifies how corporate rehabilitation automatically suspends all claims, including labor disputes, under PD 902-A.

When a Lawyer's Second Marriage Becomes a Professional Misconduct Case

A municipal legal officer faces suspension for contracting a second marriage while his first remained valid, highlighting lawyers' duty to know the law.

Upholding Ethical Standards: One-Year Suspension for Lawyer's Bigamous Marriage

A municipal legal officer's second marriage while his first subsists violates lawyer ethics. The Supreme Court explains why.

Suspension of Claims Against Corporations Under Rehabilitation: Philippine Law Explained

Learn how corporate rehabilitation suspends all claims, including labor cases, under Philippine law, based on the PAL v. Zamora ruling.

Altering Tax Declarations: The Uriarte Case on Undue Injury Under Anti-Graft Law

A municipal assessor altered tax declaration entries to favor his father's land, leading to a conviction for violation of Section 3(e) of R.A. 3019.

Solidary vs Ultimate Liability: Protecting Workers' Rights in Contracting Agreements

Philippine Supreme Court ruling on solidary liability of principals and contractors under labor contracting arrangements.

Who's the Boss? Determining Employer Liability in Labor-Only Contracting

Philippine Supreme Court clarifies when a principal employer becomes solidarily liable with a labor-only contractor for workers' claims.

Accountability Confirmed: Public Officials Liable for Missing Funds Despite Internal Audits

Supreme Court affirms conviction of municipal treasurer for malversation despite internal audit showing no shortage, clarifying COA's exclusive audit authority.

Local Autonomy Prevails Defining Boundary Disputes Between Municipalities AND Highly Urbanized Cities

Supreme Court ruling clarifies that COSLAP lacks jurisdiction over LGU boundary disputes, which belong to sanggunians under the Local Government Code.

Certification Against Forum Shopping: Why the Principal Party Must Sign and When Courts Relax the Rule

Philippine courts require the principal party to sign the certification against forum shopping. Learn the rule, its exceptions, and practical lessons from Abaigar v. Abaigar.

When a Zero Tax Bill Still Means Exemption: PAL’s Franchise Tax Win Explained

The Supreme Court ruled that PAL’s franchise tax option exempts it from all other taxes, even when its chosen tax liability is zero.

PAL Tax Refund Case: Interpreting "In Lieu of All Other Taxes" in Franchises

Supreme Court ruling on PAL's franchise tax exemption and refund of final withholding tax on passive income.

Tax Exemptions for Philippine Airlines: Understanding the "In Lieu of All Other Taxes" Provision

The Supreme Court ruled that PAL's franchise tax option exempts it from all other taxes, including the 20% final withholding tax on bank deposits.

Mayor's Personal Deposit of Municipal Checks: Official Misconduct and Probable Cause

Supreme Court ruling on when a mayor's deposit of municipal checks into a personal account constitutes probable cause for graft under RA 3019.

Ombudsman's Power to Investigate COA Findings Not a Prerequisite: PAL Officers Case

Supreme Court rules Ombudsman lacks jurisdiction over officers of GOCCs without original charters, like PAL. Learn the limits of Ombudsman power.

Surety's Liability Survives Death of Principal Debtor: Stronghold Insurance v. Republic-Asahi

The Supreme Court rules that a surety's solidary liability under a performance bond is not extinguished by the death of the principal debtor.

Unconscionable Interest Rates When Courts Intervene in Surety Bond Disputes

Philippine courts can reduce stipulated interest rates that balloon beyond the principal debt. Learn the rule from a 2006 surety bond case.