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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Default Orders and Affidavit of Merit: Lessons from Far East Fuel v. Airtropolis
A default order can be lifted only with an affidavit of merit and proof of excusable negligence. Learn the rules from a recent Supreme Court ruling.
Weighing Hearsay: The Burden of Proof in Employee Dismissal Cases
An employer must prove just cause for dismissal with substantial evidence, not mere hearsay or uncorroborated affidavits.
Truth and Consequences: False Affidavit Leads to Court Clerk's Suspension
A lawyer who forged a colleague's signature and misrepresented himself in court faces a two-year suspension from practice.
Understanding Judicial Misconduct and the Limits of Affidavits of Desistance in the Philippines
A Supreme Court ruling explains when affidavits of desistance fail to absolve an accused and clarifies penalties for estafa and graft.
Understanding Estafa and Falsification: Insights From a Landmark Philippine Supreme Court Case
A disbarment case clarifies the evidentiary standard for lawyer discipline and the role of a Special Power of Attorney in signing judicial affidavits.
Late Judicial Affidavits in Philippine Courts: When Late Submission Is Allowed
Learn when Philippine courts may allow late judicial affidavit submission under the Judicial Affidavit Rule, citing Say v. Dizon.
Navigating Conflict of Interest: The Importance of Ethical Notarization in Legal Practice
A lawyer who notarizes an adverse party's affidavit risks conflict of interest and suspension. Learn the ethical rules.
Lawyer Discipline for Defamatory Language in Pleadings: Parks v. Atty. Misa
When a lawyer's counter-affidavit crossed the line from defense to defamation, the Supreme Court imposed discipline. Learn the limits of zealous advocacy.
Antedating Court Documents: Supreme Court Dismisses Sheriff for Grave Misconduct
The Supreme Court dismissed a sheriff for antedating affidavits, ruling that tampering with court records is grave misconduct eroding public trust.
Unjust Enrichment Claims and the Burden of Proving Evidence in Philippine Law
Philippine Supreme Court ruling on unjust enrichment claims, evidentiary rules for private documents, and notarized affidavits in civil cases.
Right to Preliminary Investigation: When the Ombudsman's Failure to Serve the Complaint Violates Due Process
The Supreme Court rules that withholding the complaint affidavit during preliminary investigation violates the accused's constitutional right to due process.
Affidavit of Recantation: When Does It Reverse a Conviction
The Supreme Court explains when a complainant's recantation can overturn a conviction and why courts view retractions with suspicion.
Judicial Discretion vs the Judicial Affidavit Rule: Striking the Right Balance
A judge's extra requirement under the Judicial Affidavit Rule led to an administrative penalty. Learn the limits of judicial discretion.
Judicial Affidavit Rule and Contempt: Good Faith in Complying with Court Orders
When does using a corporate name violate an injunction? The Supreme Court clarifies that good faith compliance defeats indirect contempt.
Notarizing a Spouse's Document: When Prior Law Allowed It
A lawyer notarized his wife's affidavit in 2002. The Court explains why no misconduct under the then-applicable notarial law.
Late Evidence and the Judicial Affidavit Rule: Lara's Gift v. PNB General Insurers
The Supreme Court clarifies when trial courts may admit late evidence and supplemental judicial affidavits under the Judicial Affidavit Rule.
Affidavits of Retraction and Evidence in Illegal Dismissal Cases: PNB v. Gregorio
Supreme Court clarifies how courts review NLRC rulings and how affidavits of retraction are treated in illegal dismissal cases.
Attorney Neglect and Falsehood: Disciplining Lawyers for Breaching Professional Responsibility
A lawyer who fails to file a client's position paper and notarizes a perjured affidavit faces suspension and loss of notarial commission.
Attorney Neglect and Falsehood: Disciplinary Action for Violating Professional Responsibility
A lawyer who fails to file a client's position paper and notarizes a perjured affidavit faces suspension and revocation of notarial commission.
When Lawyers Fail Clients: Negligence, Falsehood, and Notarial Misconduct
A lawyer who neglects a client's case and notarizes a perjured affidavit faces suspension and loss of notarial commission.
Disbarment Complaint Dismissed for Insufficient Evidence: The Burden of Proof in Administrative Cases
The Supreme Court dismissed a disbarment complaint against Atty. Johan Tabuzo, ruling that complainants must present substantial evidence, not just self-serving affidavits.
Affidavit of Desistance in Rape Cases: Supreme Court Scrutiny and Victim Credibility
Supreme Court affirms rape conviction despite affidavit of desistance, ruling recanted affidavits are unreliable and victim testimony credible.
Good Faith VS Fencing: When A Notarized Affidavit Protects Purchasers
The Supreme Court acquits a buyer of a Komatsu grader, ruling that a notarized affidavit of ownership can overcome the presumption of fencing under PD 1612.
Upholding Notarial Integrity: Personal Appearance Is Mandatory for Notaries
A notary who notarizes affidavits without the affiants' personal appearance faces suspension from law practice and loss of notarial commission.