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 121 of 21 articles for abandonment

Psychological Incapacity Under Article 36: Abandonment, Infidelity, and the Cabutaje Ruling

The Supreme Court clarifies proof requirements for psychological incapacity in the Cabutaje case, addressing abandonment, infidelity, and expert testimony.

Abandonment in Agrarian Leaseholds: What Farmers and Landowners Must Know

The Supreme Court clarifies when a farmer's absence amounts to abandonment—and why notarized documents alone cannot end a leasehold.

Ghost Employees and Graft Liability: The Supreme Court’s Standard in People v. Reales

The Supreme Court clarifies the burden of proof in ghost employee corruption cases, protecting honest public officials from wrongful conviction.

When Delay Defeats Title: Laches and Registered Land in Lorenzo v. Eustaquio

The Supreme Court ruled that laches can defeat registered land ownership, even when the original transfer was flawed. Learn the key rules.

Psychological Incapacity Under Article 36: What Santos-Macabata Teaches Us

The Supreme Court clarifies the high burden of proof for nullifying marriage on grounds of psychological incapacity under Article 36 of the Family Code.

Constructive Dismissal vs. Voluntary Resignation: Key Lessons from ABS-CBN v. Magno

The Supreme Court clarifies the burden of proof in constructive dismissal claims and the fine line between forced and voluntary resignation.

Missing Land Records Do Not Invalidate Decree: Supreme Court Ruling

The Supreme Court ruled that a land registration decree remains valid even when government records are missing, protecting landowners from administrative oversights.

Psychological Incapacity as Annulment Ground in the Philippines After Tan-Andal

Understand psychological incapacity as an annulment ground under Article 36, Family Code, as clarified by Tan-Andal and applied in Halog v. Halog.

Condonation Doctrine in Philippine Administrative Law: What Re-Election Means for Elected Officials

Explaining the condonation doctrine, its prospective abandonment by the Supreme Court, and how re-election can absolve prior administrative misconduct.

Disbarment for Adultery and Abandonment: Moral Standards for Philippine Lawyers

The Supreme Court disbarred a lawyer for adultery and abandoning his family, reaffirming that private misconduct reflects on fitness to practice law.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Revival of Judgment: Why It Must Be Filed with the RTC, Not the Court of Appeals

The Supreme Court clarifies that actions to revive a judgment must be filed with the Regional Trial Court, not the Court of Appeals.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

Verbal Dismissal in the Philippines: Why Oral Termination Is Illegal Without Due Process

Verbal dismissal alone cannot lawfully end employment in the Philippines. Learn the due process rules from Uy v. Centro Ceramica.

Breach of Contract in Construction: Completion, Damages, and Mutual Breach Under Philippine Law

When both contractor and client breach a construction contract, Philippine courts equitably adjust damages. Learn the rules from a Supreme Court ruling.

Deemed Approved Leave: What Happens When Government Agencies Ignore Leave Applications

When government agencies fail to act on leave applications within five working days, the leave is deemed approved. Learn the rules and protections.

Laches vs. Torrens Title: Why Delay Can Cost You Your Land in the Philippines

A Torrens title is strong but not absolute—unreasonable delay in asserting ownership can lead to losing the property to laches.

Piece-Rate Workers Can Be Regular Employees: The Lambo v. NLRC Ruling

How the Supreme Court ruled that piece-rate tailors are regular employees entitled to full labor rights under Philippine law.

Fishermen Are Not Field Personnel: Service Incentive Leave for Sea-Based Workers

Supreme Court ruling clarifies that supervised fishermen are not "field personnel" and are entitled to service incentive leave under Philippine law.

Employee vs. Partner in the Philippines: The Villaruel Case on Proof of Partnership

When is a worker an employee, not a partner? The Villaruel case clarifies the burden of proof and protects workers' labor rights.

Lease Abandonment and Tenant Rights: The Paterno v. Court of Appeals Case

The Supreme Court's ruling in Paterno v. Court of Appeals clarifies when a tenant's departure amounts to lease abandonment and what it means for landlords and occupants.