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 124 of 32 articles for clerk of court

Court Sheriff Misconduct Handling Funds and Abuse of Authority: A.M. No. P-23-111

Supreme Court holds sheriff liable for simple and gross misconduct for receiving and misappropriating litigant funds without judicial approval.

Notarizing Without a Commission: Supreme Court Discipline for Lawyers

Learn the disciplinary consequences for Philippine lawyers who notarize documents without a valid commission, based on a recent Supreme Court ruling.

Judicial Integrity Under Scrutiny: Disciplining Misconduct and Upholding Ethical Standards in the Judiciary

Court personnel face dismissal for gross misconduct, insubordination, and conduct tainting the judiciary's reputation under amended Rule 140.

Notarizing With an Expired Commission: A Cautionary Tale for Legal Practitioners

The Supreme Court suspends a lawyer for notarizing with an expired commission. Learn the rules, the ruling, and the practical takeaways.

Gross Discourtesy in the Judiciary: The Clerk of Court Case and Its Lessons

A Supreme Court ruling on a clerk of court's discourtesy shows the high standards of conduct expected of all judicial personnel.

Eminent Domain Easements Just Compensation For Perpetual Restrictions ON Property USE

When a right-of-way easement for transmission lines permanently restricts property use, full just compensation, not a mere easement fee, is due.

Clerk of Court Notarial Authority: Scope and Limits in Philippine Legal Proceedings

Philippine Supreme Court clarifies that clerks of court may notarize only matters related to their official functions, not private pleadings.

Accountability Under the Law: Presumption of Malversation in Public Office

A clerk of court's failure to remit judiciary funds raises the presumption of malversation. Learn the rules on public accountability.

Secretary's Certificate as Proof of Corporate Authority in Philippine Litigation

Philippine Supreme Court clarifies when a secretary's certificate suffices to prove corporate authority to file pleadings, and the duties of plaintiffs in pre-trial.

Falsification of Documents: Probable Cause and Presumptions of Regularity

A Supreme Court ruling clarifies when allegations of falsification are enough to warrant prosecution, and the weight given to notarized documents.

Timely Transcript Submission: Court Stenographer Suspended for Delayed TSNs

Supreme Court suspends court stenographer for chronic TSN delays, underscoring that efficiency and compliance with Administrative Circular No. 24-90 are mandatory in the judiciary.

Docket Fees and Jurisdiction: The David Lu Case on Actions Incapable of Pecuniary Estimation

Learn how the Supreme Court's David Lu ruling clarifies docket fees and jurisdiction for actions incapable of pecuniary estimation in Philippine courts.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Loafing in the Workplace: Philippine Law, Penalties, and the Fortaleza Case

Learn what constitutes loafing under Philippine law, its penalties for government employees, and key lessons from a Supreme Court ruling.

Upholding Judicial Authority: Dismissal for Sheriff's Misconduct and Disobedience

A sheriff who levied on property not owned by the judgment debtor and defied court orders was dismissed from service for grave misconduct and insubordination.

Sheriff Dismissed for Unauthorized Auction and Falsified Sale Certificate

A sheriff who conducted an auction without authority and falsified a certificate of sale was dismissed from service for grave misconduct.

Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts

The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.

Judicial Accountability: Judges and Court Personnel Held Liable for Undue Delay and Misconduct

Supreme Court holds retired judge liable for undue delay in deciding 23 cases and clerk of court for issuing false certification.

DTR Rules and Office Hours for Government Employees: Key Lessons from a Supreme Court Ruling

A Supreme Court ruling on falsified DTRs clarifies strict office hours, the 40-hour work week, and flexi-time limits for government employees.

Willful Failure to Pay Just Debts: Disciplinary Risks for Philippine Government Employees

Philippine public servants can face administrative discipline for willful failure to pay just debts, even after settlement. Learn the rules and risks.

Motion for Reconsideration: Avoiding Pro Forma Dismissals in Philippine Courts

Learn how Philippine courts treat procedural lapses in motions for reconsideration, and why substantive justice prevails over technicalities.

Administrative Accountability: When Can You File a Complaint Against a Philippine Court Employee

Learn when a complaint against court personnel prospers or fails, based on the Supreme Court ruling in Mikrostar Industrial Corporation v. Mabalot.

Clerks of Court as Notaries: Limits on Ex Officio Notarial Powers

Clerks of court are ex officio notaries, but their notarial powers extend only to official duties—not private documents.

Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals

Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.