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 122 of 22 articles for military personnel

When Military and Civilian Tribunals Collide: Jurisdiction in AFP Misconduct Cases

The Supreme Court clarifies how concurrent jurisdiction works between the Ombudsman and military courts in administrative cases against AFP personnel.

Historical Truth vs National Reconciliation: The Supreme Court Ruling on Marcos' Libingan ng mga Bayani Burial

The Supreme Court upheld President Duterte's decision to bury Ferdinand Marcos at the Libingan ng mga Bayani, ruling it a political question beyond judicial review.

Traffic Violations and Negligence: When Driving on the Wrong Lane Determines Liability in Collisions

Philippine Supreme Court ruling on how traffic violations like wrong-lane driving establish negligence and liability in vehicle collisions.

When Can the Military Publicly Disclose Disbarment Proceedings? The Roque Case

The Supreme Court clarifies when public disclosure of disbarment proceedings violates the confidentiality rule, balancing free speech with lawyer protections.

Balancing Confidentiality and Free Expression: The Limits of Disbarment Publicity in the Philippines

The Supreme Court clarifies when public statements about disbarment complaints violate the confidentiality rule and when they are protected speech.

Retroactivity of Laws Protecting Vested Retirement Benefits of Military Personnel

Supreme Court rules PD 1638 cannot retroactively strip vested retirement benefits of military retirees under RA 340.

Military Retirement Credit for Civilian Service Under PD 1638: Reblora Case

Supreme Court clarifies how prior civilian government service counts toward military retirement under PD 1638, as amended.

Civilian Courts Prevail Over Military Tribunals for Non-Service-Connected Crimes

Supreme Court clarifies that military personnel accused of murder face trial in civilian courts, not court-martial, under R.A. 7055.

Balancing Security and Liberty: Substantial Evidence in Amparo and Habeas Data Cases

The Supreme Court clarifies the evidentiary standard for amparo and habeas data petitions, balancing national security concerns with individual liberty.

Military Jurisdiction Retirement Does NOT BAR Court Martial Proceedings

Philippine Supreme Court ruling on military jurisdiction, retirement, and court martial proceedings explained for lay readers.

Double Land Titles in the Philippines: How to Determine Ownership and Avoid Legal Battles

Learn how Philippine courts resolve double land titles, verify true ownership, and prevent property disputes with practical legal guidance.

Eviction from Military Reservations: Government Authority and Squatters' Rights in the Philippines

Philippine Army v. Pamittan clarifies when the government may evict occupants of military reservations without a court order and the limits of squatters' rights.

Executive Agreements vs Treaties: The RP-US Non-Surrender Agreement and Senate Concurrence

When does an international agreement need Senate concurrence? The Supreme Court explains in Bayan Muna v. Romulo.

Military Pension and Citizenship: The Parreño Ruling on PD 1638

Retired AFP officers who lose Filipino citizenship can have their pensions terminated under PD 1638, as upheld in Parreño v. COA.

Military Discipline vs Civilian Courts: Jurisdiction Over Service-Connected Offenses

Supreme Court clarifies when military personnel face court-martial for service-connected offenses under RA 7055, citing the Oakwood mutiny case.

Unlawful Arrest and Admissible Evidence: Key Lessons from a Robbery Case

How the Supreme Court protected constitutional rights by excluding evidence from an unlawful warrantless arrest in a robbery case.

Safeguarding the Ballot: Unauthorized Polling Place Transfers and Election Integrity in the Philippines

When can moving a polling place invalidate an election? The Supreme Court explains the rules on unauthorized transfers and election integrity.

Limits on Foreign Troops in Domestic Conflicts: The Balikatan 02-1 Ruling

The Supreme Court ruled that foreign troops may train and assist but cannot engage in offensive combat on Philippine soil without constitutional authority.

Tax Exemptions Are Strictly Construed: The Sea-Land Service Ruling

Philippine tax exemptions are strictly construed. Learn how the Supreme Court denied a US shipping firm's tax refund claim in Sea-Land Service, Inc. v. CIR.

Incestuous Rape and Parental Authority: When Consent Is Invalid in Familial Sexual Abuse Cases

Philippine Supreme Court ruling on incestuous rape clarifies that a father's moral ascendancy and threats invalidate any claim of consent from a minor daughter.

Voluntary Submission Cures Procedural Defects in Administrative Cases

Learn how voluntary participation in administrative proceedings can cure procedural defects, as ruled in NAPOLCOM v. Bernabe.

Defense of Strangers: When Can You Legally Protect Someone Else in the Philippines

Philippine law allows defending strangers, but only under strict conditions. Learn the rules from a Supreme Court ruling.