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 21852208 of 4,547 articles for tro

Residency Requirements for Philippine Elections: Establishing Domicile for Candidacy

Philippine election law equates residency with domicile. Learn the three rules and what it takes to change domicile for candidacy.

Prescription in Reconveyance: Clarifying the Four-Year Rule for Actions Based on Threat and Intimidation

The Supreme Court clarifies when the four-year prescriptive period runs in reconveyance actions based on threat and intimidation, not fraud.

Credibility of Eyewitness Testimony in Murder Convictions: People v. Dela Cruz

The Supreme Court affirms a murder conviction based on eyewitness testimony, explaining rules on credibility, alibi, treachery, and damages.

Minor Defects in Election Returns Do Not Justify Exclusion from Canvass

The Supreme Court rules that minor defects in election returns are not grounds for exclusion in a pre-proclamation controversy.

Compromised Evidence Acquittal in Drug Cases Due to Procedural Lapses in Chain of Custody

The Supreme Court acquits a drug suspect after police failed to follow the chain of custody rule under RA 9165.

Procedural Due Process and Employee Dismissal: When a Security Agency Contract Ends

When a security agency contract ends but guards remain on post, who is the employer? The Supreme Court clarifies control, due process, and liability.

Certiorari Not a Substitute for Lost Appeal: Lessons from Republic v. Yang Chi Hao

The Supreme Court reminds litigants that certiorari cannot replace a lost appeal, even in naturalization cases where the government seeks to question a trial court's ruling.

Mitigating Circumstances and Indeterminate Sentences: Balancing Justice and Individual Factors in Robbery Case

A Supreme Court ruling on how analogous mitigating circumstances and the Indeterminate Sentence Law shape penalties in robbery convictions.

Documentary Stamp Tax: When Special Savings Deposits Are Certificates of Deposit Drawing Interest

The Supreme Court rules that special savings deposits with fixed-term features are "certificates of deposit drawing interest" subject to documentary stamp tax.

Reasonable Doubt and Rape Allegations: Lessons from People v. Bacus on Circumstantial Evidence

When can physical impossibility and medical findings overcome a rape accusation? The Supreme Court's acquittal in People v. Bacus explains.

Possession vs. Sale: Proving the Distinction in Drug Cases

The Supreme Court clarifies why illegal sale and illegal possession of drugs are separate crimes requiring distinct proof, acquitting on one charge.

Employer Control Determines Employment Status: The PLDT Security Guard Case

When a security agency's contract ends but guards remain at their posts under the principal's direction, an employer-employee relationship may arise.

Jurisdiction in Swindling Cases: How Penalties Determine the Proper Court

Philippine Supreme Court ruling explains how penalties and fines determine which court hears swindling cases under the Revised Penal Code.

Annulment of Judgment in Criminal Cases: Llamas v. Court of Appeals

When can a criminal conviction be annulled? The Supreme Court clarifies Rule 47 applies only to civil cases, not criminal ones.

Compromise Agreements Enforceability Hinges on Fulfilled Conditions

When a court-approved compromise agreement's conditions remain unfulfilled, the original obligation revives and execution may proceed.

Lost Claim: Failure to Prove Open Possession Prevents Land Title Registration

Supreme Court denies land registration where applicant failed to prove open, continuous, exclusive possession since June 12, 1945.

Finality of Judgment in Disbarment Cases: Lessons from Bihag v. Era

A disbarred lawyer's belated bid to reopen his case fails; the Court enforces finality, cites contempt, and orders execution.

Silence Is Not Acquiescence: Delayed Reporting in Philippine Rape Cases

Why a rape victim's delayed report and vague words like "ginalaw" do not weaken a conviction, explained through a Supreme Court ruling.

Credibility of the Rape Victim: The Decisive Factor in Philippine Jurisprudence

In incestuous rape cases, the victim's credible testimony outweighs weak defenses like denial and alibi. Learn the rules.

Resignation vs Retrenchment: When Are Retirement Benefits Required?

Supreme Court clarifies when resigned employees can claim retirement benefits, distinguishing voluntary resignation from retrenchment in Kimberly-Clark case.

Upholding Termination for Theft: Balancing Due Process and Employer Rights in Labor Disputes

Supreme Court affirms dismissal of cable splicers for theft of company property, clarifying that ample opportunity to be heard, not a formal hearing, satisfies due process.

Parking Fees vs Public Access: Reconciling Building Codes and Private Property Rights in Philippine Malls

Supreme Court rules malls may charge parking fees; building codes require spaces, not free access. Property rights prevail.

Credit Card Interest Rates: Balancing Lender Rights and Borrower Protection in the Philippines

The Supreme Court limits credit card interest and penalty rates to 2% monthly, balancing lender rights with borrower protection.

Clerk of Court Dismissed for Dishonesty in Handling Public Funds

Supreme Court dismisses clerk of court for failing to account for P256,530.25 in court fund shortages, affirming strict accountability standards.