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 30 articles for eis

Unconstitutional Bargain: State Control Over Natural Resources in Philippine Seas

The Supreme Court struck down the JMSU as unconstitutional, reaffirming that exploration of the country's natural resources must remain under full State control.

Valid Dismissal and Separation Pay: Key Lessons from a 2020 Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when dismissal for willful disobedience is valid and when separation pay may—or may not—be granted.

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.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Premature Environmental Challenges Clarifying EIS Requirements in Public-Private Partnerships

Supreme Court clarifies when EIS and ECC duties arise in PPP projects, ruling that pre-bidding environmental challenges are premature.

Reconstitution of Land Titles: Proving Prior Existence Under RA 26

Philippine Supreme Court ruling on reconstitution of lost titles: proof of prior issuance is required under RA 26, not just a decree.

Corporate Asset Transfers: When Does a Buyer Inherit the Seller's Liabilities

Philippine Supreme Court clarifies when a corporation buying all assets of another also inherits its liabilities, under Section 40.

Pre-Trial Attendance Is Key: Consequences of Absenteeism in Philippine Courts

Philippine courts require strict compliance with pre-trial rules. Learn the consequences of absence and the rules on reconstitution of titles.

Reconstitution of Lost Title: When Courts Can Restore Destroyed Land Records

Explaining the Supreme Court's ruling on judicial reconstitution of lost or destroyed land titles under Republic Act No. 26.

When Onboard Recreation Becomes Work-Related: Seafarer Disability Claims Under the POEA-SEC

The Supreme Court clarifies when injuries from onboard recreational activities are compensable under the POEA-SEC and the Bunkhouse Rule.

Laches and Land Disputes: Registered Title Prevails Over Delayed Claims

When a land judgment becomes final, it is immutable. The Supreme Court explains why registered titles cannot be overturned by belated claims.

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.

Clerk of Court Dismissed for Mishandling Court Funds: A Lesson in Accountability

The Supreme Court ruled on the severe consequences for clerks of court who mishandle judiciary funds, emphasizing their duty as custodians of public money.

Court Stenographer Dismissed for Habitual Absences, Tardiness, and Dishonesty

Supreme Court dismisses court stenographer for habitual tardiness, absenteeism, and submitting a falsified medical certificate to cover unauthorized absences.

When Election Returns Override Ballots in Philippine Election Protests

Philippine Supreme Court explains when election returns may be used instead of ballots in determining election protest winners.

Financial Crisis as Fortuitous Event: Real Estate Contract Obligations in the Philippines

Philippine Supreme Court ruling on whether the 1997 Asian financial crisis excuses a developer's failure to deliver condominium units.

Amending Complaints: Balancing Procedural Rules and the Pursuit of Justice in the Philippines

Explore how Philippine courts balance strict procedural rules with substantive justice, as shown in Ogalisco v. Holy Trinity College.

Right of Pre-emption for Adjoining Landowners in the Philippines: A Guide

Learn how Article 1622 protects adjoining landowners of small urban lots, explained through the Supreme Court case Contreras v. Alcantara.

Philippine VAT Zero-Rating for Services: The "Doing Business Outside the Philippines" Requirement

Supreme Court clarifies VAT zero-rating for services requires the recipient to be doing business outside the Philippines, not just payment in foreign currency.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

SEC Retains Power to Execute Decisions in Pending Intra-Corporate Cases

Supreme Court rules the SEC may enforce its final decisions in intra-corporate cases retained under Section 5.2 of the Securities Regulation Code.

Suspension for Unauthorized Absences: Accountability in the Judiciary

Supreme Court suspends employee for six months and one day for unauthorized absences, underscoring strict accountability standards in the judiciary.

Accidental Shooting Intent and Liability in Firearm Mishaps Under Philippine Law

Philippine Supreme Court ruling on robbery with homicide clarifies criminal liability when killings occur during heists, even if accidental.

Protecting the Vulnerable: Child Rape Testimony and the Rebuttal of Presumption of Innocence

The Supreme Court acquits a rape accused, underscoring that credible testimony and proof beyond reasonable doubt are essential to overcome the presumption of innocence.