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 52 articles for dwelling

Child Support in the Philippines: Who Pays and How Much

Learn how child support works in the Philippines, who is required to pay, and how courts determine the amount.

Estate Tax in the Philippines: A Practical Guide for Heirs and Beneficiaries

Learn the Philippine estate tax rules: the 6% rate, deductions, filing deadlines, exemptions, and penalties under the TRAIN Law.

Bunkhouse Residency and Voter Registration: The Bascon Ruling Explained

The Supreme Court affirms that workers living in employer-provided bunkhouses can establish voter residency, provided they meet legal requirements.

Concubinage Beyond the Conjugal Home: What the Supreme Court Ruled

The Supreme Court clarifies that cohabitation in any place, not just the conjugal home, can constitute concubinage under Philippine law.

Family Home Exemption From Execution: What Philippine Law Requires

Philippine Supreme Court clarifies family home exemption from execution, requiring proof of actual occupancy and compliance with Family Code.

Double Jeopardy and Warrantless Arrests in Drug Possession Cases: A Supreme Court Insight

The Supreme Court clarifies double jeopardy in drug possession cases and limits warrantless arrests based on informant tips alone.

Arson with Homicide: How Circumstantial Evidence Secured a Conviction

The Supreme Court affirmed an arson-with-homicide conviction based solely on circumstantial evidence. Learn the legal standard and key lessons.

Positive Identification Prevails Over Alibi in Robbery with Physical Injuries Cases

Philippine Supreme Court ruling on why positive identification beats alibi in robbery with physical injuries cases, with practical takeaways.

Arson and Homicide: How the Primary Motive Determines Criminal Liability

Philippine Supreme Court clarifies when a death during a fire is absorbed by arson or punished separately, based on the offender's main objective.

Valid Service of Summons in Foreign Judgment Recognition: Key Lessons from Express Padala v. Ocampo

Philippine Supreme Court ruling on invalid substituted service of summons in foreign judgment recognition, and its due process implications.

Home Lot Entitlement in Agrarian Disputes: Landholder Obligations and Tenant Rights

Who must provide home lots to agrarian tenants? The Supreme Court clarifies landholder obligations and tenant rights in a 2016 ruling.

Rape Conviction Upheld Despite Lack of Seclusion: People v. Nuyok

The Supreme Court affirms rape convictions based on circumstantial evidence, ruling that seclusion is not an element of the crime.

Contributory Negligence in Property Disputes: Balancing Rights and Responsibilities

When adjoining landowners cause damage to each other, Philippine courts weigh contributory negligence in awarding damages. Learn from the Vergara v. Sonkin case.

Defective Summons: How Improper Service Can Void an Ejectment Case in the Philippines

Learn how defective summons and improper substituted service can void an ejectment case, based on a Philippine Supreme Court ruling.

Property Division After Void Marriages: The Barrido v. Nonato Ruling

Explaining how the Supreme Court divides property acquired during void marriages under Article 147 of the Family Code.

Residency Redefined: Upholding Election Results Despite Challenges to Candidate's Domicile

The Supreme Court clarifies residency rules for local candidates, upholding John Henry Osmeña's win as Toledo City mayor despite domicile challenges.

Concubinage, Condonation, and the Ombudsman's Power: Key Lessons from Busuego v. Ombudsman

The Supreme Court clarifies when a wife's knowledge of infidelity amounts to condonation of concubinage, and affirms the Ombudsman's broad investigative powers over public officers.

Litis Pendentia and Forum Shopping in Philippine Law: The Cabreza Case

Learn how the Supreme Court applied litis pendentia and forum shopping rules to bar a second suit over the same conjugal property dispute.

Probate Proceedings and Testamentary Provisions: Balancing Testator Intent with Statutory Limits

A Supreme Court ruling on enforcing a testator's 20-year non-partition directive, balancing testamentary intent against Civil Code limits on indivision.

From Double Murder to Arson: How Intent Shapes Criminal Liability in the Philippines

Philippine Supreme Court explains when setting fire to a house is murder or arson, and why intent determines the crime.

Intrafamilial Trust Betrayed Convicting A Father FOR Qualified Rape Despite Familial Proximity

The Supreme Court affirms a father's conviction for qualified rape of his minor daughter, ruling that familial proximity and the presence of sleeping relatives do not negate the crime.

Sexual Assault Credibility and Victim Rights in Philippine Rape Cases

How Philippine courts assess victim credibility in sexual assault cases, safeguard victim rights, and determine proper charges and penalties.

The Perils of Alibi: Positive Identification Overrides Defense in Robbery and Rape Case

In People v. Gayeta, the Supreme Court affirmed that positive identification by credible witnesses prevails over an alibi defense in robbery and rape convictions.

Eyewitness Identification and Inconsistent Statements in Robbery with Homicide Cases

How Philippine courts weigh eyewitness testimony, minor inconsistencies, and alibi defenses in robbery with homicide convictions.