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 193216 of 507 articles for authority

Tax Assumption vs. Tax Exemption: The Mitsubishi Ruling on Government-Promised Tax Relief

The Supreme Court clarifies when a government's promise to assume taxes binds the state—and when it doesn't—in this landmark Philippine tax case.

Replevin Actions: Proving Ownership and Rightful Possession in Philippine Law

Philippine Supreme Court clarifies that replevin requires proof of ownership or rightful possession, not just a claim of wrongful detention.

Practicing Law While Suspended: No Automatic Return After Suspension Period

A lawyer suspended from practice cannot resume work until the Court formally lifts the suspension — even if the suspension period has already ended.

Submarine Cables as Taxable Real Property: Supreme Court Clarifies Local Government Authority

The Supreme Court rules submarine cables are taxable real property, affirming local governments' power to impose real property tax on these assets.

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Moral Ascendancy in Rape Cases: When Power Substitutes for Force Under Philippine Law

How the Supreme Court ruled that moral ascendancy can substitute for physical threat or intimidation in rape cases, protecting vulnerable victims.

Protecting Seafarers' Permanent Partial Disability and the Right to Compensation

Supreme Court rules seafarers can claim permanent partial disability benefits even if injury is curable or not in POEA schedule.

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Real Actions and Jurisdiction: Why Assessed Value Determines the Correct Philippine Court

In real actions, the property's assessed value determines which court has jurisdiction. Omitting it can doom the case.

Loss of Trust and Confidence as Ground for Dismissal: What Employers Must Prove

Philippine Supreme Court clarifies when loss of trust and confidence justifies employee dismissal, requiring willful breach proven by substantial evidence.

MERALCO Rate Case: Supreme Court Upholds ERC’s Shift to Performance-Based Regulation

Supreme Court affirms ERC’s shift to PBR for setting MERALCO rates, barring collateral attacks on administrative regulations.

Res Judicata in Estate Proceedings: Teng v. Ting on Re-Litigating Ownership

The Supreme Court in Teng v. Ting bars re-litigating ownership in estate cases once a prior final judgment has settled the issue.

Ensuring Access: The Indispensable Right to a Legal Easement of Right of Way

When a property becomes landlocked through no fault of its owner, Philippine law grants a legal easement of right of way. Learn the rules from a recent Supreme Court ruling.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Corporate Records Access: Stockholder Rights and Officer Duties After Dissolution

Philippine Supreme Court clarifies that a stockholder's right to inspect corporate records survives corporate dissolution and continues during liquidation.

Conditional Sales vs. Adverse Claims: Protecting Property Interests in the Philippines

Learn how the Supreme Court in Logarta v. Mangahis distinguishes conditional sales from adverse claims, and the proper registration rules under PD 1529.

Voluntary vs. Involuntary Dealings: How to Register Property Agreements in the Philippines

Learn the difference between voluntary and involuntary dealings under Philippine property law, and why registering a conditional sale as an adverse claim can be a costly mistake.

Estafa Acquittal: When Lack of Proof of Deceit and Reliance Wins the Case

A look at Ison v. People, where the Supreme Court acquitted an accused of estafa for failure to prove deceit and reliance beyond reasonable doubt.

Reconstitution of Land Titles: Proving Prior Existence Under RA 26

Philippine Supreme Court ruling on reconstitution of lost titles: proof of prior issuance is required under RA 26, not just a decree.

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.

Accountability in Public Service: The Duty to Ensure Proper Delivery of Government Resources

Supreme Court affirms conviction of a city official for ghost delivery of equipment under Section 3(e) of the Anti-Graft Law.

Clerk of Court Notarial Authority: Scope and Limits in Philippine Legal Proceedings

Philippine Supreme Court clarifies that clerks of court may notarize only matters related to their official functions, not private pleadings.

Can a University Be Bound by Unauthorized Mortgages? Corporate Authority Explained

When can a corporation be bound by an officer's unauthorized acts? The Supreme Court explains in University of Mindanao v. Bangko Sentral ng Pilipinas.

When Arbitration Clauses Bind Non-Signatories: Nominees and Related Contracts

Philippine Supreme Court ruling on when arbitration clauses extend to nominees and subsequent related agreements under RA 9285.