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 26 articles for incompetence

When Judges Overstep Authority: Due Process in Execution Proceedings

Supreme Court clarifies judicial authority in execution proceedings, dismissing administrative charges against a judge while reminding litigants of proper remedies.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Graft Acquittal: Why Procurement Lapses Alone Do Not Prove Corruption

Supreme Court acquits municipal officials of graft despite procurement lapses, clarifying the strict proof required under Section 3(e) of RA 3019.

What Happens to an Administrative Case When the Respondent Dies? (Philippines)

Philippine Supreme Court rules on whether death of a respondent ends a pending administrative case, citing due process and heirs' protection.

Understanding Estafa and Falsification: Insights From a Landmark Philippine Supreme Court Case

A disbarment case clarifies the evidentiary standard for lawyer discipline and the role of a Special Power of Attorney in signing judicial affidavits.

When Procedural Lapses Yield to Substantial Justice: The Latogan Doctrine

The Supreme Court in Latogan v. People relaxed procedural rules to prevent a grave injustice, protecting a defendant's right to appeal a murder conviction.

Supreme Court Fines Judge for Indefinite TRO and Delay in Resolving Case

SC penalizes judge for issuing an indefinite TRO and for undue delay, clarifying rules on multiple administrative offenses.

Notarial Duty and Administrative Liability: Upholding Integrity in Court Services

A branch clerk of court was suspended for notarizing documents without following the 2004 Rules on Notarial Practice. Learn the rules and risks.

Lawyers Must Return Fees for Incompetent Service: A.C. No. 10543

When a lawyer accepts a case beyond their competence, they must return the full fees paid. The Supreme Court explains the rule on quantum meruit.

Counsel's Negligence and Due Process: When Can a Client Reopen a Case

When a lawyer's mistake hurts a client's case, can the case be reopened? The Supreme Court explains the limits of due process and counsel negligence.

Evidence Rules in Philippine Administrative Cases: The Atienza Case Explained

Administrative bodies in the Philippines follow relaxed evidence rules. Learn what Atienza v. Board of Medicine means for professionals facing administrative scrutiny.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

When a Sheriff's Excuses Fail: Dereliction of Duty in Philippine Courts

A deputy sheriff's repeated failure to serve court processes leads to one-year suspension, clarifying standards of diligence for court personnel.

Judicial Efficiency vs Due Process: Balancing Speed and Fairness in Case Resolution

A sheriff's failure to implement a writ shows how judicial efficiency and due process must be balanced in Philippine courts.

Falsifying Time Records in Public Service: A Path to Dishonesty Charges

Learn how falsifying time records leads to dishonesty charges in Philippine public service, based on a Supreme Court ruling.

Judicial Accountability: Good Faith Exception for Erroneous Judgments

Philippine Supreme Court clarifies that judges cannot be disciplined for erroneous rulings made in good faith, absent fraud or malice.

Bound by Your Lawyer’s Mistakes? Client Responsibility Under Philippine Law

Philippine courts generally hold clients responsible for their lawyers' negligence. Only gross negligence that deprives a client of due process warrants relief.

Poor Performance vs Neglect: Defining Just Cause for Employee Termination in the Philippines

Philippine Supreme Court clarifies when poor work performance justifies termination and when it does not, explaining the legal distinction.

Landlord Rights Prevail Recovering Possession Despite Ownership Claims

Philippine Supreme Court ruling on when tenants cannot appeal denial of new trial and how counsel's errors bind clients.

Relief From Judgment Confined to Trial Courts, Not Extended to Court of Appeals

Supreme Court clarifies that relief from judgment under Rule 38 applies only to trial courts, not the Court of Appeals.

Sheriff’s Neglect of Duty: When Failure to Implement a Writ Means Dismissal

The Supreme Court held a sheriff liable for grave misconduct and gross dishonesty for failing to implement a writ of preliminary attachment and mishandling funds.

Sheriffs Duty in Judgment Execution: Avoiding Excessive Levy and Misconduct

Philippine Supreme Court ruling on sheriffs' duty to avoid excessive levy in judgment execution and the consequences of misconduct.

Bail in Capital Offenses: The Mandatory Hearing Requirement

Philippine Supreme Court ruling explains why judges must hold a hearing before granting bail in capital offenses like rape.

Probationary Employment in the Philippines: Security of Tenure and Illegal Dismissal

Philippine Supreme Court ruling on probationary employees' security of tenure and illegal dismissal, explained in plain language.