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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.

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Showing 2137–2160 of 3,358 articles for “ces”

Judicial Responsibility and Mitigating Circumstances in Delayed Case Transmittal

Explains when heavy caseload and isolated oversight can mitigate a judge's liability for delayed transmittal of appeal records.

Option to Purchase vs Contract to Sell: Understanding Property Rights and Obligations

The Supreme Court clarifies the distinction between an option to purchase and a contract to sell, and the consequences of failing to comply with their terms.

Forum Shopping and Due Process: When Technical Dismissal Crosses the Line

The Supreme Court clarifies forum shopping elements and warns against rigid technicality that denies substantive justice.

Funding Source for Judicial Retirement Benefits: General Fund vs Special Allowance Fund

The Supreme Court clarifies that retirement benefits of justices and judges, including amounts based on special allowances, must be sourced from the General Fund.

Upholding Work Ethic Consequences for Habitual Tardiness in Public Service

Philippine Supreme Court ruling on habitual tardiness in public service, penalties, and why family excuses don't excuse chronic lateness.

Sandiganbayans Premature Acquittal DUE Process AND THE Limits OF Judicial Discretion

Bouncing Checks Law: When Fear and Necessity Do Not Excuse Issuing Bad Checks

The Supreme Court clarifies when uncontrollable fear and state of necessity cannot excuse liability under the Bouncing Checks Law.

Default Judgments and Due Process: Ensuring Fair Notice in Legal Proceedings

Learn how the Supreme Court protects due process in default judgments, emphasizing fair notice and the proper remedy for appealing decisions.

Due Process and Appeal Rights in Land Title Disputes: Apuyan v. Haldeman

A look at Apuyan v. Haldeman on appeal perfection, final orders, and free patent requirements in Philippine land disputes.

Upholding Judicial Authority: The Consequences of Unauthorized Court Transfers

A judge and court staff were disciplined for moving a court's station without prior Supreme Court approval. Learn the rules and risks.

COMELEC's Duty to Hold Special Barangay Elections After a Failed Poll: The Sambarani Doctrine

The Supreme Court ruled that COMELEC cannot refuse to hold special barangay elections after a failure of election, and that incumbent officials hold over until successors are elected.

Sheriffs Overreach Defining THE Limits OF Property Levy IN Philippine LAW

When can a sheriff's levy on execution be considered excessive? The Supreme Court clarifies the limits of property levy in Philippine law.

Judicial Accountability: Balancing Efficiency and Fairness in Case Resolution

A look at how the Supreme Court balances a judge's duty to decide cases promptly against a prosecutor's duty not to abuse administrative complaints.

Judicial Efficiency vs Prosecutorial Overreach: Balancing Justice and Accountability in Philippine Courts

A Supreme Court ruling sanctioned both a judge who delayed deciding cases and the prosecutor whose excessive complaints burdened the courts with baseless charges.

Limits to Property Rights: Balancing Bank Security and Depositor Access

Philippine Supreme Court ruling on when a bank may bar a dismissed employee-depositor from its premises without abusing property rights.

Due Process in Administrative Cases: What Velasquez v. Hernandez Teaches About Fair Hearing and Evidence

The Supreme Court clarifies due process and substantial evidence rules in administrative cases, reversing a Court of Appeals ruling that had nullified a CSC dismissal order.

Court Employees Cannot Act as Insurance Agents: A Lesson in Judicial Ethics

The Supreme Court fined a process server for facilitating bail bonds through a surety company, reaffirming the ban on court employees engaging in insurance activities.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Electricity Disconnection and Due Process: Meralco's Duty to Reconnect

When can a power company disconnect service, and what remedies exist? The Igot case explains due process, injunction bonds, and contempt jurisdiction.

Speedy Disposition vs Public Justice: Balancing Rights in Anti-Graft Cases

The Supreme Court balances the right to speedy disposition against the public's right to justice in anti-graft cases, clarifying when delay may be excused.

Retirement Benefits and Special Allowances: When the Law's Date of Implementation Controls

Explaining when special allowances for judges count toward retirement benefits, based on a 2004 Supreme Court ruling on R.A. 9227.

Sheriffs Duty Balancing Expediency AND DUE Process IN Executing Money Judgments

Explore the Supreme Court's ruling on the delicate balance between a sheriff's duty to execute judgments promptly and the requirement of due process.

Disbarment for Legal Counsels Dishonest and Unlawful Conduct

A lawyer's duty to hold client funds in trust, and the consequences of misappropriation after a client's death.

COMELEC Cannot Motu Proprio Cancel a Candidate’s Certificate of Candidacy: Cipriano v. COMELEC

The Supreme Court rules COMELEC cannot cancel a certificate of candidacy motu proprio without notice and hearing, safeguarding due process in election cases.