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 403 articles for erc

Ante-Nuptial Agreements and Property Waivers: The Delgado v. GQ Realty Case

The Supreme Court's ruling in Delgado v. GQ Realty clarifies how ante-nuptial agreements can waive property rights, even for assets registered under a spouse's family corporation.

Encroachment and Good Faith: Land Dispute Remedies Under Article 448

A Supreme Court ruling on encroachment clarifies when a landowner may recover possession and how Article 448 protects builders in good faith.

B.P. 22 and the Corporate Veil: When Corporate Officers Face Personal Liability

The Supreme Court pierces the corporate veil in B.P. 22 cases, holding officers personally liable for bouncing checks—but only with proper notice of dishonor.

Land Registration: Proving Land Is Alienable and Disposable Under Philippine Law

Learn the strict proof required to register land in the Philippines, including DENR certifications, and why possession alone is not enough.

Nepotism in Government: Designation of Relatives Is a Prohibited Appointment

The Supreme Court ruled that designating a relative to government duties—even unpaid or off-plantilla—violates the ban on nepotism.

Common Carriers and Stolen Goods: The Extraordinary Diligence Standard in the Philippines

Philippine law holds common carriers liable for stolen goods unless theft involved grave threat or irresistible force. Learn the extraordinary diligence standard.

Misrepresenting MCLE Compliance: Supreme Court Suspends Lawyer for Three Years

The Supreme Court suspended a lawyer for three years for falsely claiming MCLE exemptions in court pleadings, reinforcing ethical duties.

Reasonable Doubt in Qualified Theft: When Missing Proof Means Acquittal

A look at how the Supreme Court acquitted an accounting-in-charge of qualified theft when the prosecution failed to prove taking and intent.

Intact Hymen Does Not Negate Statutory Rape: SC Upholds Child Victim's Testimony

The Supreme Court affirms that a child's credible testimony can prove statutory rape even when medical findings show an intact hymen.

Prior Sale Beats Inheritance: Supreme Court on Land Ownership Disputes

When a valid sale predates an inheritance claim, the buyer owns the land. The Supreme Court explains why Article 1544 on double sales does not apply.

Oral Contracts for Property: Six-Year Prescription Bars Stale Claims for Specific Performance

Oral agreements to transfer property must be enforced within six years. Learn how prescription works and why timely action matters.

Regalian Doctrine and Land Registration: Proving Alienable and Disposable Land

Learn how the Regalian doctrine affects land registration in the Philippines, and why applicants must prove land is alienable and disposable.

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Estafa Under Trust Receipt Agreements: The Osental Case and PD 115

Failure to comply with a trust receipt agreement can lead to estafa charges. Learn the rules from the Osental case.

Quasi-Delict Claims Need No Reservation: Supreme Transport Ruling Explained

Philippine Supreme Court clarifies that quasi-delict counterclaims may proceed without reservation in criminal cases, subject only to the ban on double recovery.

Plagiarism in Academia: Supreme Court Upholds Dismissal of UE Professors for Misrepresentation

Supreme Court upholds dismissal of professors for plagiarism, misrepresentation, and breach of trust, clarifying stare decisis and waiver rules.

Custodial Investigation and Confessions in Qualified Theft: People v. Cabanada

When does a police interview become custodial investigation? People v. Cabanada clarifies Miranda rights and confession admissibility in theft cases.

Late Evidence and the Judicial Affidavit Rule: Lara's Gift v. PNB General Insurers

The Supreme Court clarifies when trial courts may admit late evidence and supplemental judicial affidavits under the Judicial Affidavit Rule.

Sales Commissions Are Wages: Supreme Court Ruling on Unpaid Commissions and Unauthorized Deductions

Sales commissions are wages under Philippine law. Learn what the Supreme Court ruled on unpaid commissions and unauthorized car plan deductions.

When Procedural Lapses Yield to Substantial Justice: Ben Line v. Madson

The Supreme Court ruled that procedural rules must yield to substantial justice when a party rectifies defects, as in Ben Line v. Madson.

Proving Lost Earnings After Wrongful Death: Testimony Can Suffice, Says Supreme Court

The Supreme Court ruled that credible testimonial evidence alone can prove a deceased person's income for lost earning capacity damages.

Piercing the Corporate Veil: Director Liability in Investment Fraud Cases

When can directors be personally liable for corporate fraud? The Supreme Court's ruling in Virata v. Ng Wee provides clear guidance.

Intellectual Disability and Witness Credibility in Philippine Rape Cases

The Supreme Court affirms that intellectual disability alone does not disqualify a rape victim from testifying, provided her account is coherent and consistent.

Expropriation and Capital Gains Tax: Who Pays When Government Takes Property?

Supreme Court rules property owners, not the government, pay capital gains tax in expropriation cases. Learn the tax implications.