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 476 articles for mandatory

Mining Rights vs. Indigenous Peoples: Exhaustion of Remedies and Grave Abuse of Discretion

The Supreme Court in Alecha v. Atienza underscores the exhaustion doctrine and limits of grave abuse of discretion in mining disputes.

Lawyer Disbarred for Misusing Client Funds and Soliciting Bribe

Supreme Court disciplines lawyer for absconding with client money and offering to bribe a judge, reaffirming ethical duties.

Ethical Boundaries: Lawyers' Duty to Avoid Abusive Language in Professional Dealings

The Supreme Court reminds lawyers that demand letters must remain respectful, not abusive or defamatory, under Rule 8.01 of the CPR.

Identity Theft in the Legal Profession: Striking a Fraudulent Attorney From the Roll

A man used his brother's identity to pass the Bar. The Supreme Court struck the name from the Roll and barred him forever.

Demolition and Due Process: Balancing Property Rights and Public Projects in the Philippines

The Supreme Court clarifies when demolitions may proceed without a court order under RA 7279, using the BCDA JUSMAG case.

Lawyers Must Return Fees for Incompetent Service: A.C. No. 10543

When a lawyer accepts a case beyond their competence, they must return the full fees paid. The Supreme Court explains the rule on quantum meruit.

Comelec Must Enable Voter Verified Paper Audit Trail: Mandamus Granted

Supreme Court compels Comelec to activate VVPAT feature, affirming voters' right to verify their ballots under election law.

Perfecting an Appeal: Why Timely Payment of Fees Is Critical in Philippine Courts

Learn why timely payment of appellate docket fees is mandatory in Philippine courts and how failure to perfect an appeal can be fatal to a case.

Electricity Disconnection Due Process and Utility Company Obligations in the Philippines

Learn the Supreme Court's rules on electricity disconnection, due process, and utility obligations under R.A. 7832 in the Philippines.

Intent to Kill in Philippine Law: How Courts Prove Homicide and Fix Penalties

Philippine courts explain how intent to kill is proven in homicide cases, and when penalty and damages must be corrected on appeal.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Upholding Civil Liability: Death Does Not Erase Debt in B.P. 22 Cases

Philippine Supreme Court clarifies that criminal liability for B.P. 22 does not extinguish civil liability, which survives the offender's death.

Flight Delay Liability: Fortuitous Events and Bad Faith in Breach of Contract

Philippine Supreme Court clarifies when airlines are liable for flight delays—fortuitous events and bad faith explained.

Breach of Contract of Carriage: When Bad Faith Is Needed for Moral Damages

Supreme Court explains when moral damages are recoverable in breach of contract of carriage cases, requiring bad faith or fraud by the carrier.

Supreme Court Voids 'Right to Top' Clause in Government Asset Sale: Osmeña v. PSALM

The Supreme Court invalidated a 'right to top' provision in a government land lease, reaffirming that competitive public bidding protects public interest.

Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment

Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.

Perfecting Appeals in Special Proceedings: Why the Record on Appeal Matters

In special proceedings like estate settlement, failing to file a record on appeal is fatal. Learn the rules and avoid losing your appeal.

VAT Refund Timelines: Strict Compliance Prevails Over Prior BIR Rulings

Supreme Court clarifies mandatory 120+30 day VAT refund periods; late judicial claims fail despite BIR Ruling No. DA-489-03.

Perfecting Appeals and the Strict Rules on Judicial Reconstitution of Torrens Titles

The Supreme Court reminds courts that petitions for judicial reconstitution of lost Torrens titles demand strict compliance with RA 26.

Strict Compliance Required for Serving Summons on Domestic Corporations

The Supreme Court clarifies that service of summons on domestic corporations must strictly follow Rule 14, Section 11, or the court lacks jurisdiction.

Corporate Responsibility Enforcing Contracts Despite Technicalities

Supreme Court clarifies corporate rehabilitation rules, HLURB receiver requests, and 180-day plan approval periods in Lexber v. Dalman.

Real Party in Interest and Property Disputes: Standing to Sue Explained

Learn how Philippine courts determine who may sue in property cases, with insights from Lexber v. Dalman on standing and rehabilitation.

Influence Peddling IN THE Legal Profession Upholding Ethical Standards AND Public Trust

Understand when a lawyer's error becomes gross misconduct, and why obeying court orders is a sacred duty.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.