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 169 articles for prohibition

Prescription and Quashal in Anti-Graft Cases: Domingo v. Sandiganbayan

The Supreme Court clarifies prescription periods, motion to quash standards, and speedy trial rights in Anti-Graft cases under RA 3019.

Selling a Homestead Too Soon in the Philippines Can Cost You Everything

Philippine law bars selling homestead land within five years of the patent. Learn the rule and its consequences.

Falsification of Public Documents: When Good Faith Fails as a Defense

Good faith may defend falsification charges, but it must be proven. Resoso v. Sandiganbayan shows why authorization and documentation matter.

Barangay Appointments: Why Sangguniang Barangay Approval Is Required

The Supreme Court ruled that a Punong Barangay cannot appoint or replace barangay officials without Sangguniang Barangay approval.

Deficiency Tax Collection: When BIR Warrants Are Premature Under Philippine Law

Philippine Supreme Court clarifies when BIR collection of deficiency taxes is premature, and why the OSG must represent the CIR.

Confessions to Media in Philippine Law: The Domantay Case on Custodial Investigation

When are confessions to media admissible in Philippine courts? The Domantay case explains the limits of custodial investigation rights.

Child Support Cannot Be Waived: Res Judicata in Philippine Family Law

Philippine Supreme Court rules that a child's right to support cannot be renounced or barred by a prior dismissal, citing Civil Code Articles 301 and 2035.

Protecting Your Inheritance: Co-Ownership and the Right of Legal Redemption in Philippine Property Law

Learn how Philippine law protects heirs from fraudulent property dispositions and when actions for reconveyance may still be filed.

When Posting Bail Means You Consent to Court Jurisdiction: Key Insights for the Accused

Posting bail can waive objections to a court's jurisdiction, even if the arrest warrant was invalid. Learn the rules from a Philippine Supreme Court case.

Judicial Impartiality When Prior Involvement In A Case Disqualifies A Judge

A judge who previously served as prosecutor must inhibit from the case. Rule 137, Section 1 explained.

Illegal Dismissal: Proving Regular Employment and Due Process in Termination

Learn how the Supreme Court protects employees from illegal dismissal when employers fail to prove just cause and observe due process.

Property Rights in Cohabitation: Ownership Rules for Unmarried Couples in the Philippines

Learn how Philippine law divides property for unmarried couples, the limits on donations, and key lessons from the Agapay case.

Right of Repurchase in Philippine Real Estate: Pacto de Retro Rules Explained

Learn the rules on pacto de retro sales and the right of repurchase in Philippine real estate, including annotation duties and judicial requirements.

Withdrawing A Guilty Plea: Navigating the Consequences in Philippine Criminal Law

Learn when a guilty plea can be withdrawn in Philippine courts, its mitigating effects, and how aggravating circumstances must still be proven.

Execution Pending Appeal in Philippine Election Protests: When Can a Winner Take Office Immediately

Philippine Supreme Court ruling on when execution pending appeal is allowed in election protests, and why COMELEC can stop a premature assumption of office.

Dynamite Fishing in the Philippines: Laws, Penalties, and the People vs. Vergara Case

Learn the Philippine law against dynamite fishing, penalties under P.D. 704, and key lessons from People vs. Vergara.

Mixed Union Membership When Supervisors Cant Join Rank AND File Unions IN THE Philippines

Philippine Supreme Court explains why a union mixing rank-and-file and supervisory employees cannot file for certification election.

Exhaustion of Administrative Remedies: When Can You Skip the Line to Court?

Learn when the exhaustion rule applies, its exceptions, and why a replevin suit failed against DENR forfeiture.

Affidavits of Desistance and Witness Recantations: Their Limited Impact on Philippine Criminal Cases

Philippine courts view affidavits of desistance and witness recantations with disfavor. Learn why from People v. Ballabare.

Copyright Infringement: Protecting IP Rights and the Prospectivity of New Rules

Explaining the Supreme Court's ruling on search warrants in copyright cases and why new judicial doctrines apply prospectively.

Recto Law Explained: Deficiency Claims After Chattel Mortgage Foreclosure

Understand Article 1484 (Recto Law) and when sellers can still recover attorney's fees after foreclosing on installment-sold personal property.

Filling Vacancies in Local Government: A Guide to Appointments in the Philippines

Who appoints replacements for vacant local council seats? The Supreme Court clarifies the rules under the Local Government Code.

Retroactive Application of Penal Laws: When Does a Lighter Sentence Apply

Explaining when Philippine courts apply a new, lighter penal law retroactively, based on the Supreme Court's ruling in Magtibay.

Can a Judge Act as Notary Public? Limits on Judicial Notarization in the Philippines

Philippine judges may notarize documents only within official functions. Learn the limits, the Asis ruling, and practical compliance tips.