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 22812304 of 4,572 articles for tro

Deportation and Drug Convictions: Broadening the Scope of Philippine Immigration Law

The Supreme Court rules that foreign drug convictions justify deportation under Philippine immigration law, rejecting a narrow reading of Section 37(a)(4).

Dividends Follow the Shares in Ill-Gotten Wealth Recovery

Supreme Court rules dividends and interests follow ownership of recovered ill-gotten shares, even if not expressly stated in the dispositive portion.

CIAC Jurisdiction Prevails Over Contractual Conditions Precedent in Construction Arbitration

Philippine Supreme Court rules CIAC retains jurisdiction over construction disputes even when parties fail to comply with contractual conditions precedent like DAB referral.

RTC Has Exclusive Jurisdiction Over Libel Cases, Even for Public Officers

The Supreme Court clarifies that Regional Trial Courts exclusively handle libel cases, regardless of whether the accused is a public officer.

The Expert Witness Imperative: Proving Medical Negligence in the Philippines

Philippine courts require expert medical testimony to prove negligence in most malpractice cases. Learn the rules and practical steps.

Judge Suspended for Gross Ignorance of Law in Misapplying Contempt Powers

A judge's misuse of contempt powers—citing a prosecutor for indirect contempt when only direct contempt applied—led to a six-month suspension.

When Silence Isn't Golden: Delayed Witness Testimony and the Pursuit of Justice in Murder Cases

A delayed eyewitness affidavit doesn't automatically destroy credibility, the Supreme Court rules in People v. Cawaling, affirming a murder conviction.

Perfecting Real Estate Sales Registration NOT Always Required FOR Validity

The Supreme Court clarifies that registration of a deed of sale is not always required for a real estate sale to be valid between the parties.

Sweetheart Defense Fails: Rape Conviction Upheld Without Proof of Consent

Philippine Supreme Court rejects the "sweetheart theory" in rape cases, affirming that love affairs do not justify sexual violence without consent.

Corporate Liability and Bouncing Checks: Clarifying the Scope of B.P. Blg. 22

The Supreme Court clarifies that corporations cannot be impleaded in B.P. 22 cases, but creditors may still pursue separate civil actions against them.

Victim Identification Trumps Alibi: The Eduarte Robbery Case

When a victim positively identifies a robber and chases him down, a mere denial and alibi cannot overcome credible testimony.

Proxy Validation vs Solicitation: SEC and RTC Jurisdiction in Corporate Elections

The Supreme Court clarifies when proxy disputes in corporate elections belong to the RTC, not the SEC, under the Securities Regulation Code.

Accretion Rights and Innocent Purchasers: Resolving Land Ownership Disputes in the Philippines

Philippine Supreme Court ruling on accretion rights, reconveyance actions, and the protection of innocent purchasers for value in land disputes.

Falsification of Public Documents and Suspension Pendente Lite Under Anti-Graft Law

Explains when public officers may be suspended pendente lite for falsification of public documents involving fraud upon government funds.

Judicial Conduct: Premature Archiving of Criminal Cases and the Bounds of Ignorance of the Law

The Supreme Court fined a judge for gross ignorance of the law after prematurely archiving a criminal case, clarifying rules on trial in absentia.

Probable Cause vs Prosecutorial Discretion: The Metrobank v. Gonzales Ruling on Trust Receipt Estafa

The Supreme Court clarifies the limits of the Secretary of Justice's power to reverse probable cause findings in trust receipt estafa cases.

Voluntary Surrender in Philippine Law: When It Mitigates Criminal Liability

Learn when voluntary surrender mitigates criminal liability in the Philippines, based on De Vera v. De Vera (G.R. No. 172832).

Security of Tenure and Reassignment Limits for Station-Specific Appointments

Supreme Court ruling on reassignment limits for station-specific appointments and security of tenure in government corporations.

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.

When Late Appeal Briefs Are Allowed: Substantial Justice Over Technical Rules

Philippine Supreme Court ruling on when late filing of an appellant's brief may be excused in the interest of substantial justice.

Rape Conviction Upheld: Grandfather's Betrayal of Trust and the Testimony of a Child Victim

The Supreme Court affirms a grandfather's qualified rape conviction, relying on the credible testimony of his young granddaughter and medical evidence.

Limits of Mandamus Court Discretion in Criminal Case Dismissals in the Philippines

Philippine Supreme Court clarifies when mandamus can compel a judge to dismiss criminal cases, and when it cannot.

Tax Declaration vs Title: Resolving Property Disputes in the Philippines

Philippine Supreme Court clarifies how tax declarations, birth certificates, and deeds of sale affect property ownership disputes between heirs.

Navigating the Boundaries of Forum Shopping: Ensuring Integrity in Legal Advocacy

A lawyer's filing of two annulment cases raises forum shopping questions. The Supreme Court clarifies the rule and its limits.