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 169192 of 727 articles for band

Stop and Frisk During Election Periods: When Police Searches Are Valid

The Supreme Court explains when a warrantless stop and frisk search is valid, using an election gun ban case as an example.

Loss of Trust and Confidence: When a Supervisor's Single Mistake Justifies Dismissal

Supreme Court ruling on when a nurse supervisor's unauthorized taking of hospital supplies justifies dismissal for loss of trust and confidence.

Preliminary Investigation Is a Substantive Right: Lessons from Palacios v. People

The Supreme Court rules that denying a reinvestigation based on procedural guidelines violates due process when the accused was never notified.

Co-Ownership Disputes: How Inheritance and Sales Affect Land Rights in the Philippines

A Supreme Court ruling clarifies when administrative orders on land disputes become final and how co-ownership, inheritance, and sales affect property rights.

Foreign Currency Deposits and Joint Accounts: Consent Requirements in Estate Proceedings

Philippine Supreme Court rules on consent requirements for withdrawing from joint foreign currency deposit accounts during estate settlement.

Foreign Currency Deposits and Joint Accounts: When Courts Cannot Order Withdrawal

A Supreme Court ruling explains why courts cannot order release of foreign currency deposits and when co-depositor consent is required.

Breach of Trust: How Philippine Law Punishes Theft by Domestic Servants

The Supreme Court explains qualified theft by domestic servants, intent to gain, and penalties under RA 10951.

Sibling Disputes and Court Filings: When Family Code Conciliation Rules Apply

The Supreme Court clarifies when Article 151 of the Family Code requires earnest efforts before family members can sue each other.

Histrionic Personality Disorder as Ground for Nullity: Understanding Marital Obligations and Psychological Inc

The Supreme Court affirms that histrionic personality disorder can be psychological incapacity under Article 36, explaining the standards for declaring a marriage void.

Barangay Dispute Resolution Lawyers Barred From Lupon Appearances

The Supreme Court clarifies that lawyers cannot appear before the Lupon Tagapamayapa, preserving the informal, conciliatory character of barangay justice.

Proving Tenancy in Philippine Agrarian Law: Evidence and Burden of Proof

Philippine Supreme Court ruling on what evidence is needed to prove agricultural tenancy and why certifications alone do not establish tenancy rights.

Establishing Tenancy Requires Concrete Evidence: Landowner Rights Upheld

Supreme Court rules tenancy cannot be presumed; claimants must prove all elements with substantial evidence, not mere certifications.

Notarization Rules: When a Notary Public Violates the 2004 Rules on Notarial Practice

The Supreme Court defines the strict personal appearance requirement for notarization and the penalties for violating notarial rules.

When a Bus Driver's Sabbatical Becomes a Retirement Claim: The Macuray Case

The Supreme Court clarifies when a driver's break from work is abandonment, sabbatical, or retirement—and what benefits are due.

Judicial Ethics: Scrutinizing Complaints Against Justices and the Standard of Proof

A look at how the Supreme Court handles administrative complaints against justices, using a 2018 case to explain the burden of proof.

Well-Founded Belief and Presumptive Death: Diligence Required for Remarriage

The Supreme Court clarifies the strict "well-founded belief" standard under Article 41 of the Family Code for declaring a missing spouse presumptively dead.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Habitual Absenteeism in the Judiciary: Dismissal for Court Employee Who Abandoned Post

Supreme Court dismisses court interpreter for habitual absenteeism, forfeiting benefits and barring re-employment in government service.

Upholding Client Confidentiality Attorney Sanctioned FOR Representing Conflicting Interests

Philippine Supreme Court affirms that lawyers cannot buy client property or represent conflicting interests, voiding a transfer under Article 1491.

Challenging Forged Documents and Implied Admissions in Philippine Property Law

The Supreme Court clarifies when failure to respond to a request for admission does not result in implied admission, protecting property owners from forged documents.

Defiance and Dismissal: Loss of Retirement Benefits for Striking Employees

When a pilot defied a return-to-work order, he lost his employment status and, ultimately, his retirement benefits. Here's why.

Mining Rights Due Process Prevails Over Automatic Abandonment in Philippine Mining Law

Philippine Supreme Court clarifies that mining claims cannot be automatically abandoned for failure to file work obligation reports; due process must first be observed.

Transnational Marital Infidelity and Psychological Violence: Jurisdiction Under R.A. 9262

Philippine courts can hear psychological violence cases under R.A. 9262 even if the illicit affair abroad caused the wife's anguish at home.

Can Pathological Gambling Nullify a Marriage? The Singson Ruling on Psychological Incapacity

The Supreme Court in Singson v. Singson clarifies when pathological gambling can—and cannot—nullify a marriage under Article 36 of the Family Code.