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 522 articles for memorandum

Foreign Land Ownership Ban Upheld: Supreme Court Voids Dummy Arrangements

The Supreme Court voids a German citizen's dummy land purchase, reaffirming the constitutional ban on foreign land ownership in the Philippines.

Unwarranted Benefits Local Officials Liability FOR Illegal Insurance Agreements IN Pagsanjan

Supreme Court clarifies liability under Section 3(e) for mayors and councilors in illegal insurance contracts without public bidding.

Oral Share Sale Agreements in the Philippines: Enforceability and Remedies After Breach

Learn when oral agreements to sell shares are enforceable in the Philippines, and the remedies available when a seller backs out.

When Can COA Demand a Refund of Disallowed Government Employee Benefits?

Learn when the COA can demand refunds of disallowed government benefits and when employees may be excused from returning them.

Usufruct vs. Co-Ownership: When a Usufructuary Can Eject a Co-Owner

The Supreme Court clarifies that a usufructuary can eject a co-owner during the usufruct period, protecting family property arrangements.

Inordinate Delay in Administrative Cases: The Right to Speedy Disposition After Llevares

Explore how the Supreme Court's Llevares ruling protects public officials from inordinate delay in administrative cases, and what this means for your rights.

Mayor's GSIS Remittance Liability: Intent Still Matters in Criminal Cases

Supreme Court acquits mayor of GSIS non-remittance, ruling that intent to perpetrate the prohibited act must still be proven even in malum prohibitum cases.

Navigating Employment Status: Contract of Service vs Regular Employment in the Philippines

The Supreme Court clarifies when workers in government-owned corporations are contract of service workers, not regular employees entitled to security of tenure.

Navigating GOCC Compensation: Board Authority and Disallowed Benefits in the Philippines

Explaining the Supreme Court ruling on PNCC directors' gratuity benefits, GOCC status, and when disallowed compensation must be returned.

When Courts Can Still Discipline a Judge After Retirement: Gross Neglect of Duty Explained

The Supreme Court clarifies when it retains jurisdiction over judges who retire, ruling on gross neglect of duty in case delays.

Constructive Dismissal in the Philippines: When Resignation Isn't Voluntary

The Supreme Court explains when a resignation is actually constructive dismissal—a dismissal in disguise—and what remedies an employee can claim.

Simple Misconduct vs. Grave Misconduct: A Philippine Government Accountability Guide

The Supreme Court clarifies the distinction between simple and grave misconduct in Aragon-Mabang v. Ombudsman, a landmark 2024 ruling on public officer liability.

Right to Speedy Disposition of Cases: Nullifying COA Decisions for Undue Delay

The Supreme Court nullified COA decisions after an 11-year delay, reaffirming the constitutional right to speedy disposition of cases.

When Does a Right to Radio Frequencies Vest? The NOW Telecom Ruling

A legislative franchise does not guarantee radio frequencies. The Supreme Court explains why spectrum use is a privilege.

Civil Liability After Criminal Acquittal: What the Llonillo Case Means

Philippine law allows civil liability to survive a criminal acquittal. Learn the rules and the Supreme Court's ruling in Llonillo.

When Procurement Violations Don't Equal Corruption: Lessons from People v. Villasin

The Supreme Court clarifies that procurement lapses alone do not prove graft under RA 3019, requiring evidence of corrupt intent.

Graft and Corruption: When Does a Procurement Irregularity Become a Crime in the Philippines

The Supreme Court clarifies when procurement irregularities amount to graft under Section 3(e) of RA 3019, requiring proof of corrupt intent.

Forum Shopping: When Filing Multiple Cases Crosses the Line

The Supreme Court clarifies when filing multiple cases amounts to forum shopping, and which body has jurisdiction to rule on it.

Navigating the Condonation Doctrine: Its Impact on Philippine Public Officials' Accountability

The Supreme Court clarifies the limits of the condonation doctrine in administrative cases, reinforcing public officials' accountability under Philippine law.

Behest Loans in the Philippines: Understanding Anti-Graft Law and Due Diligence

Learn how Philippine courts define behest loans, the role of RA 3019, and why loan repayment does not erase potential graft liability.

Judicial Clemency in the Philippines: When a Dismissed Judge Can Be Forgiven

The Supreme Court explains the rules on judicial clemency and when a dismissed judge may recover retirement benefits.

Untrue Statements in Securities Registration: The Caliraya Springs Ruling

The Supreme Court clarifies when a projected completion date in a securities registration statement becomes an actionable untrue statement under the Securities Regulation Code.

Concurrent Authority Investigating Energy Market Breaches in the Philippines

The Supreme Court clarifies that PEMC and ERC share concurrent power to investigate WESM rule breaches, resolving a jurisdictional dispute.

Concurrent Jurisdiction: PEMC Authority to Investigate WESM Rule Breaches

Supreme Court affirms PEMC's concurrent power with ERC to investigate and sanction WESM rule breaches by market participants.