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.
Beyond the Ballot: The Limits of Pre-Proclamation Authority in Philippine Elections
Pre-proclamation controversies have strict limits under Philippine election law. This article explains when COMELEC can act and when courts take over.
Beyond Reasonable Doubt: Rebutting the Presumption of Malversation in Philippine Law
The Supreme Court clarifies that the presumption of malversation is rebuttable, and mere failure to produce funds does not prove conversion beyond reasonable doubt.
Diplomatic Immunity for International Officials: When It Shields and When It Does Not
Philippine Supreme Court clarifies that ADB staff immunity covers only official acts, not private crimes like slander.
Treachery and Witness Credibility: When Conspiracy Fails in Philippine Murder Cases
Philippine Supreme Court ruling on when presence at a crime scene does not prove conspiracy in murder, and the importance of witness credibility.
Retroactivity of Procedural Rules: Clarifying the Timeline for Certiorari Petitions
The Supreme Court clarifies that amended procedural rules on the 60-day certiorari period apply retroactively to pending cases.
Certiorari 60-Day Period Counted From Denial of Reconsideration
The Supreme Court clarifies that the 60-day certiorari period runs from denial of reconsideration, applying procedural rules retroactively.
Waiver in Election Protests: Demurrer to Evidence Implies Loss of Right to Present Own Evidence
Filing a demurrer to evidence in an election protest waives the protestee's right to present evidence, even if the demurrer is denied.
Finality of Comelec Decisions and Grave Abuse of Discretion in Election Cases
When are Comelec rulings on barangay election contests truly final? The Supreme Court explains the narrow exception for grave abuse of discretion.
Treachery in Philippine Criminal Law: Ensuring Justice for Victims of Sudden Attacks
How Philippine courts apply treachery to qualify killings as murder, explained through a Supreme Court ruling on a sudden stabbing.
Media Confessions and Treachery: Examining the Admissibility of TV Broadcasts in Murder Convictions
How the Supreme Court treated a TV confession in a murder case, and the rules on treachery, unlicensed firearms, and damages.
Security of Tenure vs Abandonment: Reinstatement Rights in the Philippine National Police
The Supreme Court clarifies when accepting another government post during a case does not waive a dismissed officer's right to reinstatement.
Retroactive Application of Procedural Rules: Timely Filing of Certiorari Petitions in Labor Disputes
Learn how the Supreme Court applied A.M. No. 00-2-03-SC retroactively, allowing a late certiorari petition in a labor case to proceed.
Check Fraud and Bank Liability: Lessons from Ford Philippines vs. Citibank and PCIBank
Philippine Supreme Court ruling on bank liability for fraudulently negotiated checks, crossing, due diligence, and comparative negligence.
Guilt by Association: The Limits of Conspiracy in Philippine Criminal Law
The Supreme Court clarifies that mere presence at a crime scene does not prove conspiracy, acquitting an accused while affirming a co-accused's murder conviction.
Defining Counterclaims: Compulsory vs. Permissive in Philippine Courts
Learn how Philippine courts distinguish compulsory from permissive counterclaims, and why docket fees and jurisdiction depend on that distinction.
Conspiracy in Check Fraud: When Signing Another's Check Is Not Estafa
The Supreme Court explains when signing checks from another person's account does not prove conspiracy in estafa cases.
Management Prerogative in Reorganization: Upholding Business Needs in Philippine Labor Law
The Supreme Court clarifies when demotions during corporate reorganization are valid and when they constitute illegal dismissal under Philippine labor law.
Shareholder Rights vs Corporate Discretion: Mandamus and Stock Transfer Recording
Philippine Supreme Court ruling on when a corporate secretary must record stock transfers, SEC jurisdiction, and shareholder rights.
GOCC vs. Private Corporation: Labor Jurisdiction and the Philippine National Red Cross Case
Learn how the Supreme Court's charter test determines whether an employer is a GOCC and which tribunal—CSC or NLRC—has jurisdiction over labor disputes.
Protecting Children: Understanding Qualified Rape and Parental Liability in the Philippines
The Supreme Court affirms the death penalty for a father who raped his daughter, clarifying qualified rape and accomplice liability.
Fixed Terms for Constitutional Commissioners: The Gaminde Case on Staggered Terms
The Supreme Court clarifies that a constitutional commissioner's term follows the staggered system, not the appointment paper's date, as shown in Gaminde.
Conspiracy and Homicide vs Murder: Understanding Criminal Liability in Philippine Law
Philippine Supreme Court clarifies conspiracy, treachery, and qualifying circumstances in homicide versus murder convictions.
When Can a Lawyer Be Disciplined? IBP Jurisdiction Over Attorney Misconduct and Private Debts
A lawyer who ignores IBP orders can face sanctions even when the underlying complaint involves a private debt. Learn the rules.
Prescription Periods in Graft Cases: The Discovery Rule for Ill-Gotten Wealth
Philippine Supreme Court clarifies when the prescription period for graft cases begins—from discovery, not commission, of the offense.