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 307 articles for erb

Resignation Notice Period Philippines: Rules on Rendering 30 Days

Resigning in the Philippines? Learn the 30-day notice rule, employer waivers, and what you're entitled to before your last day.

Constructive Dismissal in the Philippines: What It Is and How to Prove It

Constructive dismissal in the Philippines occurs when an employer makes work conditions unbearable, forcing resignation. Learn how to prove it.

Data Privacy Consent Philippines: When You Need It and When You Don't

Learn when consent is required under the Philippine Data Privacy Act, how to obtain valid consent, and when processing is lawful without it.

Illegal Gambling vs PAGCOR in the Philippines: Where's the Line?

Understand the line between illegal gambling and PAGCOR-regulated gaming in the Philippines, including what makes betting operations lawful.

Unwritten Land Sales in the Philippines: When Possession and Improvements Matter

The Supreme Court clarifies when an unwritten sale of land can be enforced, focusing on possession, improvements, and partial performance under Philippine law.

When a Surety Can Escape Liability: Overcoming the Presumption of Regularity

Philippine Supreme Court clarifies when sureties can overcome the presumption of regularity attached to notarized continuing suretyship agreements.

Conditional Sale vs. Contract to Sell: A Supreme Court Ruling on Ownership, Breach, and Forum Shopping

The Supreme Court clarifies when a "conditional sale" is really a contract to sell, and warns against forum shopping in property disputes.

Defective Information in VAWC Cases: When Lack of Specificity Leads to Acquittal

The Supreme Court acquitted a VAWC accused because the Information failed to allege mental or emotional anguish, a crucial element under Section 5(i) of RA 9262.

Unlawful Detainer vs Forcible Entry: Key Distinction in Property Possession Disputes

The Supreme Court clarifies the crucial difference between unlawful detainer and forcible entry, and why tolerance must exist from the start of possession.

Combating Human Trafficking: Understanding Philippine Law and Your Rights

The Supreme Court affirms a qualified trafficking conviction, explaining the elements of the crime, conspiracy, and penalties under RA 9208.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Bill Deposits and Consumer Rights: What the Supreme Court Said in Colmenares v. ERC

The Supreme Court upheld bill deposits as valid but dismissed the challenge on procedural grounds. Here's what consumers should know.

Premarital Pregnancy and Employee Rights: Illegal Suspension in the Philippines

Supreme Court rules suspending a teacher for premarital pregnancy is illegal; secular morality governs employment discipline in the Philippines.

Consortium Requirement in Subtransmission Asset Acquisition: A Philippine Power Industry Guide

Philippine Supreme Court clarifies mandatory consortium requirement under EPIRA Section 8 for subtransmission asset acquisition by distribution utilities.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

One-Year Ban on Appointments for Losing Candidates: Understanding the Restrictions

The Supreme Court clarifies the one-year constitutional ban on appointing losing candidates to government posts, including contractual engagements.

Abandonment as Psychological Violence: Understanding RA 9262 in Philippine Law

The Supreme Court ruled that a husband's abandonment of his wife can be psychological violence under RA 9262, explaining the elements and penalties.

Financial Abuse Under VAWC: Why Intent Matters in RA 9262 Cases

The Supreme Court clarifies that financial abuse under RA 9262 requires proof of intent to cause emotional anguish, not just denial of support.

Lemon Law or Consumer Act: Choosing the Right Remedy for Defective Vehicles in the Philippines

The Supreme Court clarifies that buyers of defective brand-new vehicles may choose between the Lemon Law and the Consumer Act.

When Is Deadly Force Justified in the Philippines? Police Use of Force Rules

Philippine law on police use of force, deadly force standards, and what the Supreme Court says about justified shootings.

Easements and Eminent Domain in the Philippines: MMDA’s Limits After Diamond Motor

The Supreme Court limits MMDA’s power to impose easements, balancing flood control with private property rights and just compensation.

Preliminary Attachment in the Philippines: Safeguarding Claims Without Overreach

The Supreme Court clarifies when preliminary attachment is proper, stressing strict compliance with Rule 57 to prevent abuse.

Psychological Violence Under RA 9262: When Facebook Posts Lead to Higher Penalties

The Supreme Court clarifies psychological violence under RA 9262 and raises penalties when abuse is committed through social media or ICT.

Economic Abuse Under RA 9262: Intent Matters in Denial of Financial Support Cases

The Supreme Court clarifies that willful intent to cause anguish, not mere financial hardship, is required for economic abuse convictions under RA 9262.