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 36 articles for de castro

Construction Disputes: Why an Arbitration Agreement Is Crucial in the Philippines

The Supreme Court clarifies that the CIAC cannot take construction disputes unless the parties agreed to arbitration. Learn the key rule.

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.

Government Procurement and Audit Disallowances: Lessons from a Landmark COA Ruling

A Supreme Court ruling clarifies when government officials and contractors may be held liable for audit disallowances in public procurement projects.

Good Faith and Misinterpretation in Public Office: A Guide to the Anti-Graft Law

The Supreme Court clarifies when a public officer's mistaken interpretation of rules negates criminal liability under the Anti-Graft Law.

Navigating Seafarers Rights Understanding Work Related Illnesses AND Disability Compensation IN the Philippine

The Supreme Court clarifies when a seafarer's pre-existing condition becomes a compensable work-related illness under the POEA-SEC.

Safeguarding Rights Strict Compliance With Drug Evidence Rules Ensures Fair Trials

The Supreme Court acquits a drug suspect when police fail to follow Section 21's witness and inventory rules, protecting the accused's rights.

Condominium Foreclosure: When Does a Corporation Have Authority to Foreclose?

Supreme Court clarifies when a condominium corporation may extra-judicially foreclose a unit for unpaid assessments under the Condominium Act.

Hierarchy of Courts and Locus Standi When Constitutional Issues Override Procedural Rules

Explaining when the Supreme Court allows direct petitions despite the hierarchy of courts and relaxed standing rules in constitutional cases.

Unexplained Wealth and SALN Dishonesty: When Assets in Children's Names Count

Explains when hidden assets in children's names count as SALN dishonesty and why grave misconduct requires a direct link to official duties.

SALN Dishonesty and Concealed Assets: De Castro v. Field Investigation Office

Supreme Court ruling on SALN dishonesty, concealed assets in children's names, and why omission amounts to grave administrative offense.

When Postponements Don't Imply Misconduct: A Lesson in Ethical Practice

The Supreme Court clarifies when a lawyer's requests for postponement do not constitute professional misconduct, emphasizing the need for clear evidence of malice.

Stroke Compensation Claims: When Work Stress Meets Employee Welfare

Supreme Court clarifies when stroke and hypertension are compensable under PD 626, emphasizing probability over certainty in employee claims.

Abuse of Superior Strength in Murder: Key Lessons from People v. De Castro

The Supreme Court explains when abuse of superior strength qualifies a killing as murder under Philippine law.

Falsification of Private Documents: Where Venue Lies Under Philippine Law

Philippine Supreme Court clarifies that venue for falsification of private documents is where the falsification occurred, not where the document was used.

Reasonable Doubt Prevails: Acquittal in Robbery and Falsification Case Due to Insufficient Circumstantial Evid

Supreme Court acquits CA employees in robbery and falsification case, ruling circumstantial evidence must form an unbroken chain to prove guilt beyond reasonable doubt.

Co-Owner's Right to File Ejectment: Clarifying Philippine Rules on Co-Ownership and Unlawful Detainer

Can one co-owner file ejectment without joining others? The Supreme Court clarifies co-owners' rights under Article 487 in Catedrilla v. Lauron.

Can One Co-Owner File an Ejectment Case Alone? Yes, Says the Supreme Court

A co-owner can file an ejectment suit without joining other co-owners, as ruled in Catedrilla v. Lauron. Learn the rules.

Upholding Judicial Dignity: Balancing Free Speech and Respect for Courts in Legal Commentary

How the Supreme Court disciplined UP Law professors for intemperate statements, balancing lawyers' free speech with their duty to uphold judicial dignity.

When Is Employee Negligence Just Cause for Termination? A Philippine Guide

Philippine Supreme Court clarifies when employee negligence justifies dismissal versus suspension, balancing employer rights and worker protection.

When Is a Nurse's Negligence Serious Misconduct? The Medical Center Manila Ruling

A Supreme Court ruling clarifies when a nurse's lapse amounts to gross negligence justifying dismissal, and when suspension is the proper penalty.

Midnight Appointments and the Judiciary: The De Castro Ruling on the Constitutional Ban

The Supreme Court explains why the ban on midnight appointments does not apply to judicial posts, including the Chief Justice.

Judicial Appointments and the Election Ban: De Castro v. Judicial and Bar Council

The Supreme Court rules on whether the President may appoint the Chief Justice during the election ban on midnight appointments.

Filipino Land Ownership Validating Land Transfers TO Citizens Despite Initial Alienation

Philippine Supreme Court ruling on how land transferred to aliens can be cured when it later passes to Filipino citizens.

Abandonment in Election Protests: Legarda v. De Castro and the Effect of Subsequent Candidacy

PET dismisses Legarda's VP protest against De Castro on abandonment and evidentiary grounds, clarifying election protest rules.