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 16571680 of 2,549 articles

Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?

The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.

When Court Officials Clash: Professional Conduct in the Philippine Judiciary

A Supreme Court ruling on a judge and clerk's public quarrel, and what it means for decorum in the judiciary.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Limits on Self-Representation When a Lawyer Is Required in Court

Philippine Supreme Court clarifies when a party may appear without counsel and why mixing self-representation with a lawyer's appearance is not allowed.

When Can Cases Be Reassigned? Understanding Judicial Inhibition and Venue Transfer

The Supreme Court clarifies when cases may be transferred to another judge after inhibition, and why venue transfer is not automatic.

Suspended Sentences for Juvenile Offenders: Limits and Implications in the Philippines

The Supreme Court clarifies when a juvenile offender cannot get a suspended sentence, even under RA 9344.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

When Self-Defense Fails: Justifying Force in Lawful Duty Requires Reasonable Response

The Supreme Court clarifies when self-defense and performance of official duty justify killing, and why both failed for PNR security officers.

Faulty Substituted Service of Summons: When Courts Fail to Acquire Jurisdiction

Philippine Supreme Court clarifies when substituted service of summons is invalid, and why courts fail to acquire jurisdiction over defendants.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

When a Missing Marriage License Doesn't Void a Marriage: Sevilla v. Cardenas

The Supreme Court explains when a missing marriage license does not automatically make a marriage void, and why proof matters.

Default Judgment Consequences of Missing Pretrial in Philippine Courts

Learn how skipping pretrial can lead to default judgment in Philippine courts, and what the Ramientas v. Reyala case says about procedural rules.

Real Estate Foreclosure in the Philippines: Notice Requirements and Due Process

A look at Guanco v. Antolo and why strict notice and posting rules govern extrajudicial foreclosure sales in the Philippines.

Good Faith Builder Rights Under Article 448: Key Lessons from a Philippine Supreme Court Case

Understand the rights of a builder in good faith under Philippine law, including the landowner's options under Article 448 of the Civil Code.

Prescription of Offenses Under Special Laws: Absence From the Philippines Does Not Suspend the Period

The Supreme Court rules that under Act No. 3326, an accused's absence from the Philippines does not interrupt the prescriptive period for offenses under special laws.

Documentary Stamp Tax on Foreign Exchange Sales: Who Pays

Philippine Supreme Court ruling on documentary stamp tax liability for foreign exchange sales to the Central Bank.

Common Carrier Liability in the Philippines: Breach of Contract of Carriage Explained

Philippine common carriers face a presumption of negligence when passengers are injured or killed. Learn the rules and how to rebut them.

The Neighborhood Rule in Philippine Election Law: Abad v. Co Explained

Learn how the Supreme Court applied the neighborhood rule in Abad v. Co, ensuring voter intent prevails over technical ballot errors.

Donations to Unregistered Organizations in the Philippines: When Are They Valid?

Philippine Supreme Court ruling on donations to unregistered organizations: why juridical personality matters and what donors and groups must know.

Quieting Title and Due Process: Notice of Raffle and Voluntary Submission to Jurisdiction

Learn how notice of raffle and voluntary appearance affect jurisdiction in quieting title cases, based on a 2006 Supreme Court ruling.

Change of Name Petitions: Substantial Compliance with Jurisdictional Requirements

Supreme Court rules on change of name petitions, publication requirements, and jurisdictional compliance under Rule 103.

SEC Cease and Desist Orders: When Regulatory Action Violates Due Process

The Supreme Court ruled the SEC acted with grave abuse of discretion by issuing a cease and desist order without proper investigation.

Ombudsman Jurisdiction Over GOCCs: The Original Charter Requirement

The Supreme Court limits Ombudsman jurisdiction over GOCCs to those with original charters, not corporations merely acquired by government.