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 368 articles for investigation

Certiorari as a Substitute for Appeal: Navigating Procedural Missteps in Philippine Courts

Learn when certiorari can replace an appeal in Philippine procedure, and how the Supreme Court treats loss of trust and confidence in dismissals.

When Supervisors Lose Trust: Dismissal for Misconduct Under Article 282

Philippine Supreme Court clarifies when a supervisor's unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

Confessions to Barangay Peacekeepers Without Counsel Are Inadmissible Evidence

The Supreme Court rules that uncounselled confessions to bantay bayan members are inadmissible in evidence, but a rape conviction can still stand on other proof.

When Local Officials Break Procurement Rules: Lessons From Sison v. People

A mayor's conviction for skipping public bidding shows how courts review local procurement and graft cases under Philippine law.

Parental Authority vs Incest: Upholding Conviction in Qualified Rape Cases

Supreme Court affirms qualified rape conviction of father, ruling that a father's moral ascendancy substitutes for force and resistance in incestuous rape.

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

Forfeiture of Retirement Benefits for Serious Misconduct: Due Process in Termination Cases

Supreme Court ruling on when employers may forfeit retirement benefits for serious misconduct and what due process requires in termination.

Prosecutors Discretion in the Philippines: When Courts Can Intervene

When can courts review a prosecutor's or the Ombudsman's decision? The Supreme Court explains the limits of judicial intervention.

When a Dishonored Check Cannot Be Theft: The Impossible Crime Doctrine in the Philippines

Can a worthless check be the object of theft? The Supreme Court explains the impossible crime doctrine and why intent alone is not enough.

Probationary Employment Security of Tenure and Due Process Rights in the Philippines

The Supreme Court clarifies that probationary employees in the civil service enjoy security of tenure and due process rights, and cannot be dismissed at will.

Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate

A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.

Illegal Dismissal: Proving Valid Cause and the Right to Reinstatement and Backwages

Learn the rules on illegal dismissal, valid cause, and the employee's right to reinstatement and backwages from this Philippine Supreme Court case.

U-Turn Negligence: When a Sudden Maneuver Establishes Fault in Vehicle Collisions

A sudden U-turn without signal lights can establish negligence and proximate cause in a vehicle collision, making the driver and employer liable for damages.

Legislative Inquiries vs Sub Judice: Balancing Congressional Power and Individual Rights

Explaining the Supreme Court's ruling in Romero v. Estrada on legislative inquiries, the sub judice rule, and witness rights.

Proportionality in Employee Discipline: When Is Dismissal Too Harsh?

Philippine Supreme Court ruling on when dismissal is too harsh a penalty for workplace policy violations, explained in plain language.

Police Power vs Customs Authority: The Limits of Search and Seizure in the Philippines

When can police search cargo without customs authority? The Supreme Court clarifies the limits in Boac v. People.

Breach of Trust and Qualified Theft: When Employee Misconduct Justifies Dismissal

The Supreme Court clarifies when an employee's theft against a co-worker constitutes a valid cause for termination under Philippine labor law.

Abuse of Rights in Philippine Law: When Filing Complaints Is Not a Basis for Damages

The Supreme Court clarifies the abuse of rights principle, ruling that filing labor complaints and seeking government action without malice is not actionable.

Arrastre Contractor Liability: When the P3,500-Per-Package Limit Does Not Apply

Philippine Supreme Court ruling on when arrastre contractors cannot invoke the P3,500 per-package liability limit under PPA Administrative Order No. 10-81.

Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office

The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.

Ombudsman’s Authority to Impose Administrative Sanctions on Erring Officials

The Supreme Court affirms the Ombudsman's power to directly impose administrative penalties, not just recommend them, on erring public officials.

Custodian Negligence Court Personnel Held Liable for Missing Case Records

Court personnel who negligently handle case records face administrative liability. Learn the rules on custodianship of court exhibits.

When Courts Won't Second-Guess the Ombudsman's Dismissal of Graft Complaints

The Supreme Court affirms the Ombudsman's wide discretion in dismissing graft complaints, limiting judicial review to grave abuse of discretion.