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 initiative

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.

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.

Simple vs Grave Misconduct: Good Faith and Service in Public Office

The Supreme Court clarifies when a public officer's procedural lapse is simple misconduct, not grave misconduct, in government service.

Disgraceful and Immoral Conduct: Supreme Court Ruling on Judicial Ethics

The Supreme Court holds court employees accountable for disgraceful and immoral conduct, even after resignation. Learn the rules and penalties.

Understanding Jurisdiction in Unlawful Detainer Cases: Key Lessons from a Landmark Ruling

A court cannot order a person to vacate property not named in the unlawful detainer complaint. Learn the jurisdictional rules.

Challenging Ombudsman Decisions: Certiorari vs. Appeal in Administrative Cases

Learn when to file certiorari instead of appeal against Ombudsman decisions in administrative cases, and the limits of the condonation doctrine.

Reasonable Doubt in Qualified Theft: When Missing Proof Means Acquittal

A look at how the Supreme Court acquitted an accounting-in-charge of qualified theft when the prosecution failed to prove taking and intent.

Perpetual Disqualification and Material Misrepresentation in Election Candidacy

The Supreme Court ruled that filing a Certificate of Candidacy while under perpetual disqualification is material misrepresentation, voiding the CoC and making votes stray.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

Balancing Corporate Development and Residents' Rights: Defining Cause of Action in Land Disputes

Philippine Supreme Court clarifies when evicted residents have a cause of action for damages against corporate developers in land disputes.

Cashier's Liability in Estafa: Reassessing Juridical Possession in Misappropriation Cases

The Supreme Court clarifies when a corporate officer's possession of entrusted funds constitutes juridical possession for estafa liability.

Contempt and Corporate Audits: The Boundaries of Court Orders and Stockholder Rights

The Supreme Court clarifies when court-ordered corporate audits and contempt citations stand—and when they become moot.

Gross Ignorance of the Law: When Judges Overstep Final Judgments

A judge's motu proprio reversal of a final and executory order leads to dismissal for gross ignorance of the law in this administrative case.

Homeowners Associations vs Non-Members: HLURB Jurisdiction and CMP Benefits

When can a homeowners association evict non-members from CMP land? The Supreme Court clarifies HLURB jurisdiction in Eugenio v. Sta. Monica Riverside Homeowners Association.

OFW Death Liability: Protecting Overseas Workers and Ensuring Accountability

Supreme Court ruling holds recruitment agencies solidarily liable for OFW deaths, imposing moral and exemplary damages for abandoning workers in distress.

Co-Ownership and Property Recovery: When Must All Owners Join a Lawsuit

Philippine Supreme Court clarifies when co-owners must be impleaded in property recovery suits under Article 487 of the Civil Code.

Determining Just Compensation in Agrarian Reform: Balancing Legal Factors and Fair Valuation

Philippine Supreme Court clarifies how courts should determine just compensation for agrarian reform lands under R.A. 6657 and DAR formula.

Reopening Criminal Cases in the Philippines: The Hearing Requirement Under Rule 119

When can a Philippine court reopen a criminal case before judgment? The rules require a hearing—and the Supreme Court has enforced that requirement.

COMELEC Jurisdiction Over Plebiscite Disputes: The Buac v. COMELEC Ruling

The Supreme Court clarifies that the COMELEC has jurisdiction to resolve disputes over plebiscite results, including petitions to annul or recount ballots.

Electoral Protests: COMELEC's Power to Correct Errors and the Essence of Due Process

Learn how the Supreme Court ruled on COMELEC's authority to correct canvass errors and what due process truly requires in election cases.

Can a Non-Party Be Bound by an Injunction? The Due Process Rule

A preliminary injunction binds only parties to the case. Here's what Mabayo Farms v. Santos means for due process.

Lawyer Suspended for Negligence: The Duty to File Briefs and Protect Clients' Rights

Supreme Court suspends lawyer for failing to file appellant's brief, causing delay in client's criminal appeal and violating professional responsibility rules.

Failure of Election Petitions in the Philippines: What the Law Requires

Failure of election is a narrow remedy under Philippine law. Learn the grounds, the limits, and how Banaga v. COMELEC clarifies the rules.

Correcting Manifest Errors in Election Returns: The Angelia Case

How COMELEC can correct obvious tallying errors in election returns even after proclamation, and why due process still matters.