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 135 articles for contractor

Unwarranted Benefits Local Officials Liability FOR Illegal Insurance Agreements IN Pagsanjan

Supreme Court clarifies liability under Section 3(e) for mayors and councilors in illegal insurance contracts without public bidding.

Graft and Corruption: Navigating Good Faith in Philippine Government Contracts

The Supreme Court acquits engineers of graft for lack of evident bad faith, but orders restitution for a phantom fence project.

Labor-Only Contracting in the Philippines: Employer Liability and Worker Rights

Understand labor-only contracting in the Philippines, when a principal becomes the true employer, and key lessons from a recent Supreme Court ruling.

Presidential Approval Required for PCAB Rules: Cooperative Licensing Case

Supreme Court ruling: PCAB regulations on contractor licensing need presidential approval, protecting construction cooperatives from forced incorporation.

Solidary Liability in Construction Contracts: When LWUA Shares Responsibility

A Supreme Court ruling clarifies when LWUA can be held solidarily liable with water districts for construction contract obligations.

Contractor Licensing in the Philippines: PCAB vs. DTI Jurisdiction Explained

The Supreme Court clarifies that PCAB, not DTI, has jurisdiction over complaints against unlicensed contractors in the Philippines.

Independent Contractor vs. Employee: The Control Test in Philippine Labor Law

The Supreme Court clarifies when a "freelancer" is really a regular employee under Philippine labor law, using the control test.

Graft and Corruption: When Does a Procurement Irregularity Become a Crime in the Philippines

The Supreme Court clarifies when procurement irregularities amount to graft under Section 3(e) of RA 3019, requiring proof of corrupt intent.

Letter of Authority vs. Letter Notice: When a BIR Tax Assessment Is Void

The Supreme Court ruled that a BIR Letter Notice cannot substitute for a Letter of Authority—assessments without a valid LOA are void.

Supreme Court Upholds CIAC Jurisdiction, Strikes Down 14-Day Arbitration Limit in Government Contracts

Supreme Court affirms CIAC jurisdiction over government construction disputes and voids unreasonably short 14-day arbitration periods as contrary to public policy.

Independent Contractor or Employee? Supreme Court Clarifies Labor-Only Contracting in the Philippines

The Supreme Court clarifies when a registered contractor is actually labor-only, making the principal the direct employer.

Fiscal Autonomy vs Accountability: PhilHealth Benefit Disallowances Upheld

The Supreme Court affirms COA disallowances of PhilHealth benefits, clarifying that fiscal autonomy does not mean absolute power over compensation.

Appeal Bond for Labor-Only Contractors: Solidary Liability and NLRC Appeals

When must a labor-only contractor post an appeal bond? The Supreme Court clarifies solidary liability and appeal perfection rules.

Novation in Construction Contracts: When Revisions Create a New Agreement

Philippine Supreme Court clarifies when revised construction plans and new contracts extinguish prior agreements through novation.

Final CIAC Awards Binding on COA: Supreme Court Limits Audit Body's Review Power

Supreme Court ruling in Sunway Builders v. COA confirms COA cannot modify final CIAC arbitration awards, limiting its role to execution and payment.

Accountability in Public Office: Mayor's Liability for Negligent Fund Disbursement

A mayor's approval of an unappropriated price escalation payment led to malversation and graft convictions, underscoring public officers' duty of diligence.

Contractor or Employer: Defining the Boundaries of Labor-Only Contracting in the Philippines

The Supreme Court clarifies when a contractor is a legitimate job contractor rather than a labor-only contractor, and who is the true employer.

Novation Requires Unequivocal Terms: Asian Construction vs Mero Structures

Philippine Supreme Court clarifies when letters between parties create novation, and when an obligation remains unchanged.

Employee vs. Independent Contractor in Real Estate: The Four-Fold Test Explained

A Supreme Court ruling clarifies when real estate sales agents are employees or independent contractors, and why the distinction matters.

Res Judicata in the Philippines: When a Dismissed Case Cannot Be Refiled

Learn when a dismissed case can be refiled in the Philippines and how res judicata bars re-litigation, based on a Supreme Court ruling on failure to prosecute.

Employer Liability for Unremitted SSS Contributions: Key Lessons from the Supreme Court

The Supreme Court clarifies employer liability for unremitted SSS contributions, damages, and penalties under the Social Security Act.

The Four-Fold Test in Philippine Labor Law: A Guide to Employment Status

Learn how the four-fold test determines employee status in the Philippines, with insights from a landmark Supreme Court ruling.

Malversation and Anti-Graft Laws: Lessons from Sarion v. People on Public Fund Management

A Supreme Court ruling on malversation clarifies the duty of public officials to verify disbursements, with key lessons for government and contractors.

Understanding Government Contract Disallowances: Detailed Engineering and Quantum Meruit

Learn how the Supreme Court ruled on COA disallowances for overestimated embankment materials in government road projects and the limits of quantum meruit.