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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 2233–2256 of 3,442 articles for “ces”

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.

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.

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.

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.

Judicial Conduct and Dismissal: The Consequences of Gross Ignorance of the Law for Judges

A judge who flouts rules on preliminary investigation and bail faces dismissal. This case explains why.

DUE Process AND Foreclosure Upholding Ministerial Duty IN Writ OF Possession

Challenging Anti-Graft Law: Balancing Due Process and Public Accountability

The Supreme Court upholds Section 5 of RA 3019 against vagueness challenges, clarifying rules on repetitive motions, prescription, and immunity.

Deregulation and Due Process: The NTC's Authority Over SMS Regulation

In Globe Telecom v. NTC, the Supreme Court struck down a fine on Globe for offering SMS without prior approval, exposing the regulator's confusing rules.

Provocation and Voluntary Surrender: How Two Mitigating Circumstances Lowered a Frustrated Homicide Sentence

Learn how the Supreme Court applied Article 64(5) of the Revised Penal Code to reduce a frustrated homicide sentence when provocation and voluntary surrender were present.

Second Chances Denied: The High Cost of Procedural Missteps in Philippine Litigation

A Supreme Court ruling shows why "honest mistake" rarely justifies a new trial—and why procedural deadlines and rules are strictly enforced.

Habitual Absenteeism of Court Employee: A Case on Public Trust in the Judiciary

Court process server fined for habitual absenteeism; ruling underscores that personal obligations do not excuse neglect of judicial duties.

Habitual Absenteeism of Court Employees: Accountability and Mitigating Circumstances

The Supreme Court defines habitual absenteeism for court employees and clarifies that personal obligations do not excuse unauthorized absences.

Child Witness Testimony and Statutory Rape: Competency in Philippine Courts

How Philippine courts assess a minor rape victim's testimony, and why proper plea inquiry and qualifying circumstances matter in capital cases.

Doubt AND DUE Process Reassessing Convictions Based ON Inconsistent Testimony IN Rape Cases

Incestuous Rape: Proving Minority and Relationship for the Proper Penalty

A stepfather's rape conviction reduced from death to reclusion perpetua because minority and relationship were not alleged and proved.

Incestuous Rape Conviction Based ON Credible Testimony Despite Defective Information

When Can a Local Government Close a Business? Due Process Limits on Municipal Power

The Supreme Court clarifies that municipalities may regulate businesses through closure only with due process, even when taxes are unpaid.

Incestuous Rape: Credibility of a Victim's Testimony in Cases of Parental Abuse

When a mentally disabled minor is raped, her testimony can convict. The Supreme Court explains why in People v. Mabonga.

Breach of Contract and Preliminary Attachment: D.M. Wenceslao v. Readycon

Supreme Court clarifies when a wrongful attachment claim succeeds and when a contract balance becomes due, in a construction supply dispute.

When Tax Assessments Become Final: Lessons from MERALCO's Garnishment Case

MERALCO's failed challenge to Muntinlupa's deficiency real property tax assessments shows why taxpayers must act promptly on tax notices.

Safeguarding Due Process: The Imperative of Fair Preliminary Investigations in Philippine Law

A lawyer's suspension for issuing worthless checks underscores the continuing duty of good moral character and the importance of fair preliminary investigations.

Finality of DOLE Secretary's Orders: Strict Compliance and Consequences of Delay

Learn why a second motion for reconsideration is prohibited and how delay can make DOLE Secretary orders final and executory.

Reliability of Poseur Buyer Testimony in Drug Sale Convictions

Philippine Supreme Court ruling on when a single poseur buyer's testimony suffices to convict in illegal drug sale cases.