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 614 articles for counsel

Authority to File Suit: When a Missing SPA Defeats Court Jurisdiction

A complaint filed by an attorney-in-fact without a Special Power of Authority is invalid, depriving the court of jurisdiction over the case.

Chain of Custody Rule in Drug Cases: Why Witness Presence Matters

The Supreme Court acquits a drug suspect where police failed to secure required witnesses during inventory, reinforcing the chain of custody rule.

Sheriffs Duty to Serve Notice Before Implementing Writs: Consequences of Neglect

A sheriff who enforces a writ without prior notice violates due process. Learn the rules and penalties under Rule 39.

Constructive Dismissal: When a "Voluntary" Resignation Is Not Voluntary at All

The Supreme Court clarifies when a signed resignation letter is actually constructive dismissal, protecting employees from forced resignations disguised as voluntary acts.

Piercing the Corporate Veil: Individual Liability for Corporate Fraud

When can directors be personally liable for corporate fraud? The Supreme Court clarifies the rules on piercing the corporate veil.

RA 10951 Penalty Adjustments Apply Even After Final Judgment: The Elbanbuena Case

The Supreme Court allows reopening final judgments to apply RA 10951's reduced penalties, remanding cases to trial courts for recomputation.

Revival of Judgment Prescription and Compliance in Banking Disputes

Explore the Supreme Court's ruling on the 10-year prescription period for reviving judgments, applied to a banking dispute.

Failure to Comply with Drug Evidence Safeguards: Ramos v. People and the Chain of Custody Rule

A Supreme Court ruling shows why strict compliance with Section 21 of RA 9165 is vital in drug cases.

Probable Cause and Graft Liability When a Governor's Request Shapes Public Bidding

Supreme Court ruling on graft liability of DPWH-ARMM officials for irregularities in infrastructure projects, including premature contractor mobilization.

Challenging Drug Convictions: The Importance of Chain of Custody in Illegal Possession Cases

A Supreme Court ruling shows how broken chain of custody and flawed inventory can lead to acquittal in drug possession cases.

Chain of Custody in Drug Cases: When Police Lapses Lead to Acquittal

The Supreme Court acquits a drug suspect because police failed to justify missing witnesses during inventory, reinforcing strict chain of custody rules.

Quo Warranto and Judicial Integrity: The Sereno Case Explained

The Supreme Court's Sereno ruling clarifies that quo warranto can oust impeachable officers who lack constitutional qualifications like proven integrity.

Compromised Evidence Safeguarding Drug Integrity IN Anti Drug Operations

When police fumble the chain of custody, drug convictions fail. A 2018 Supreme Court ruling shows why procedure matters.

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.

Denial of Child Support as Economic Abuse Under RA 9262: Key Lessons from Melgar v. People

The Supreme Court rules that withholding child support is economic abuse under RA 9262, even without proof of psychological anguish.

Administrative Due Process and Bank Secrecy: The Sibayan v. Alda Ruling

The Supreme Court clarifies how administrative due process and bank secrecy limits discovery in BSP proceedings, as shown in Sibayan v. Alda.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment

Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.

Forum Shopping in the Philippines: What the Zamora Case Teaches Litigants

Learn how the Supreme Court defines and penalizes forum shopping, and what the Zamora ruling means for litigants filing multiple cases.

PAGCOR Tax Landscape: Franchise Tax vs Income Tax Obligations Under Philippine Law

The Supreme Court clarifies PAGCOR's tax liabilities: 5% franchise tax on gaming income, income tax on related services, and FBT obligations.

Venue Stipulations in Contracts: When "Exclusive" Means Exclusive in Philippine Courts

Philippine Supreme Court clarifies when contractual venue stipulations are binding and enforceable, and when courts must dismiss cases filed elsewhere.

Certiorari Filing Deadlines: The 60-Day Rule and Grave Abuse of Discretion

A dismissed employee's appeal was wrongly rejected by the Court of Appeals before the 60-day certiorari period lapsed—what this means for litigants.

Striking a Balance: Upholding Agrarian Justice Without Sacrificing Procedural Rules

The Supreme Court reminds appellate courts that minor procedural lapses should not defeat the right to appeal, especially in agrarian cases involving social justice.

Disbarment for Deceit and Unauthorized Notarization: Ethical Standards for Lawyers

Supreme Court affirms suspension and notarial disqualification for a lawyer who used falsified documents and notarized outside his jurisdiction.