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.
Cyber Libel Prescription in the Philippines: One-Year Rule and the Limits of Unsigned Resolutions
The Supreme Court clarifies that cyber libel prescribes in one year and that unsigned resolutions are not binding precedent.
Judge Fined for Delay in Rendering Judgment: Lessons from A.M. No. MTJ-02-1409
The Supreme Court fined a retired judge for gross inefficiency after a 15-month delay in deciding an ejectment case, underscoring the mandatory 30-day period for summary procedure judgments.
Distinguishing Recruitment From Simple Assistance Labor Code Violations Examined
Supreme Court clarifies what constitutes illegal recruitment versus mere assistance in finding work, requiring proof of specific acts.
Prior Use of a Brand Name Prevails Over Copyright or Patent Claims
Philippine Supreme Court ruling on why trademark rights based on prior use trump copyright or patent registrations in brand name disputes.
Health Care Agreements vs Insurance Contracts: The Incontestability Clause Explained
The Supreme Court ruled that health care agreements are insurance contracts, so the incontestability clause applies to HMOs.
Fortuitous Events and Carrier Liability: Navigating the Perils of the Sea
When a vessel sinks in a storm, is the carrier liable? The Supreme Court explains the rules on fortuitous events.
Judicial Accountability: The Imperative of Timely Decision Making in Philippine Courts
Philippine judges must decide cases within reglementary periods. This article examines a Supreme Court ruling on undue delay and its consequences.
Percentage Tax on Commercial Brokers: Lessons from Nichimen Corporation
When does a branch office become a commercial broker liable for percentage tax? The Supreme Court clarifies in Nichimen Corporation.
Statutory Rape Penetration IS Required FOR Consummation Attempted Rape Defined
The Supreme Court clarifies that penetration, not mere touching, is required for consummated statutory rape, explaining attempted rape rules.
Rape Conviction Affirmed: Positive Identification Prevails Over Alibi in Forcible Abduction Case
Supreme Court affirms rape and forcible abduction conviction, ruling positive identification outweighs alibi and denial in criminal cases.
Conviction Upheld on Circumstantial Evidence Despite Accused's Escape in Rape-Homicide Case
Supreme Court affirms death penalty for rape-homicide based on circumstantial evidence, ruling escape waives right to appeal.
Due Process and Jurisdiction in Teacher Discipline: Emin v. De Leon
Emin v. De Leon clarifies due process and jurisdiction in administrative cases against public school teachers under the Magna Carta.
Plunder and Conspiracy: Defining the Boundaries of Criminal Liability in Philippine Law
The Supreme Court clarifies how conspiracy works in plunder cases, and why each accused is liable only for acts they committed.
Sole Eyewitness Testimony Can Convict: Lessons from People v. Hermo on Murder and Abuse of Superior Strength
How a lone eyewitness's credible account led to a murder conviction, and why Philippine courts trust trial judges on witness credibility.
Expediting Justice: Holding Judges Accountable for Case Delays
The Supreme Court affirms sanctions against a Sandiganbayan Presiding Justice for gross inefficiency, underscoring that judges must decide cases within 90 days.
Due Process in Bail Hearings: The Prosecution's Right to Present Evidence
The Supreme Court nullified a bail grant because the trial court denied the prosecution its day in court, reaffirming that bail hearings must respect due process for both sides.
Rape vs Theft: Distinguishing Intent in Special Complex Crimes Under Philippine Law
When does robbery with rape apply? The Supreme Court clarifies that intent to take property must precede the rape, not follow it.
Treachery Defined: Unexpected Assault and Criminal Liability in a Stabbing Incident
The Supreme Court explains treachery as an unexpected, sudden attack that leaves a victim defenseless, affirming a murder conviction.
Negligence in Public Office: Defining the Scope of Duty and Responsibility
The Supreme Court clarifies that administrative liability for negligence requires proof that the duty neglected was actually assigned to the public officer.
Entrapment vs Instigation: When Does a Drug Buy-Bust Operation Cross the Line?
The Supreme Court explains the difference between valid entrapment and unlawful instigation in drug buy-bust operations, using a 2002 shabu case.
Due Process in Bail Hearings: A Judge's Duty After Te v. Perez
The Supreme Court reminds judges that granting bail without a hearing violates due process and constitutes gross ignorance of the law.
Clerk of Court Fined for Delayed Fund Remittance Despite Full Restitution
Supreme Court holds clerk of court administratively liable for delayed remittance of judiciary funds, imposing fine despite full restitution after retirement.
Slightest Penetration Consummated Rape Defined in Philippine Law
Philippine Supreme Court clarifies that slightest penetration of the labia consummates rape, even without hymenal laceration or full entry.
Invalidation of BOI Manual of Operations Incentives for Registered Enterprises
Supreme Court voids BOI's unpublished manual that reduced tax credit incentives for registered export producers.