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 255 articles for liability

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Future Inheritance Contracts Are Void: Arrogante v. Deliarte Explained

Philippine Supreme Court ruling on void contracts over future inheritance, and the exceptions that can save family property arrangements.

Piercing the Corporate Veil in the Philippines: When Parent Companies Pay Subsidiary Debts

Philippine courts can hold parent companies liable for subsidiary debts when the subsidiary is a mere instrumentality. Learn the rules from General Credit v. Alsons.

DTR Rules and Office Hours for Government Employees: Key Lessons from a Supreme Court Ruling

A Supreme Court ruling on falsified DTRs clarifies strict office hours, the 40-hour work week, and flexi-time limits for government employees.

Illegal Demolition as Grave Coercion: Property Rights and Due Process in the Philippines

When does demolition become a crime? The Sy case shows how unlawful property destruction can constitute grave coercion under Philippine law.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

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.

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.

Non-Retroactivity of BIR Rulings: The Benguet Case and Taxpayer Protection

Learn how the Supreme Court protects taxpayers from retroactive BIR rulings, based on the landmark Benguet Corporation case.

Malversation of Public Funds in the Philippines: When Reimbursement Does Not Erase Liability

Failure to liquidate public funds can lead to malversation conviction even if the amount is later reimbursed. Learn the rules and key lessons from a Supreme Court case.

Good Faith as a Defense in Philippine Election Offenses: The Garcia Case

When can good faith excuse an election officer's error? The Garcia ruling explains intent in vote canvassing offenses under RA 6646.

Demurrage in Philippine Shipping: Consignee Duties and Avoiding Penalties

Philippine law holds consignees liable for demurrage when cargo is not claimed promptly. Learn the rules and practical steps to avoid penalties.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

Forcible Entry in the Philippines: Why Prior Possession Wins Cases

Learn how prior physical possession, not ownership, decides forcible entry cases in the Philippines, guided by Dumo v. Espinas.

Falsification of Private Documents: Intent to Damage Is Key in Philippine Law

Philippine law requires proof of intent to cause damage for falsification of private documents. Learn the rules from a Supreme Court ruling.

Family Home Exemption: When Creditors Can Seize Your Property in the Philippines

The family home exemption protects Filipino families from creditors—but not for debts incurred before the home was constituted. Learn the rules.

Sublease Rent Claims: Why Lessors Must Sue the Lessee First

Philippine Supreme Court ruling clarifies that lessors cannot directly sue sublessees for unpaid rent without first obtaining judgment against the lessee.

Vehicular Homicide vs. Murder: Intent and the Use of a Motor Vehicle

When does a fatal vehicular incident become murder? The Mallari case shows how intent and the use of a motor vehicle elevate the crime.

Common Carrier Liability: Negligence and Fortuitous Events in Cargo Loss

When cargo is lost at sea, who pays? Philippine law on common carriers, negligence, and the act of God defense explained.

Hotel Waivers for Lost Guest Items Are Void: The McLoughlin Rule

Philippine law voids hotel waivers for lost guest belongings. Learn the McLoughlin case and what hotels must do.

Self-Defense in Homicide Cases: Proving Justification in the Philippines

When claiming self-defense in Philippine homicide cases, the accused bears the burden of proving all elements by clear and convincing evidence. Learn the rules.

Estafa vs. Breach of Contract: When a Failed Deal Is Not a Crime

Philippine Supreme Court ruling clarifies when failure to deliver goods after advance payment is civil breach, not criminal estafa.

Grave Threats Case: Why Judges Must Apply Summary Procedure Correctly

In Riño v. Cawaling, the Supreme Court fined a judge for gross ignorance of the law in misapplying summary procedure in a grave threats case.

B.P. 22 Conviction Requires Proof of Written Notice of Dishonor: The Sia Case

Conviction under the Bouncing Checks Law requires proof the accused received written notice of dishonor. The Sia case explains why.