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 37 articles for nha

COA Disallowances When ARE Government Officials Personally Liable TO Refund

Supreme Court clarifies when government officials must refund disallowed benefits, distinguishing approving officers from mere recipients.

When Personal Misconduct Impacts Public Trust Philippine Supreme Court Ruling ON Employee Behavior

The Supreme Court clarifies liability rules when government officials receive disallowed benefits, distinguishing approving officers from mere recipients.

Theft vs. Robbery in the Philippines: The Element of Force Explained

Understand the difference between theft and robbery under Philippine law, and how the element of force affects criminal liability and penalties.

Cyber-Enabled Robbery in the Philippines: How RA 10175 Raises Penalties for Digital Extortion

Learn how the Supreme Court applies the Cybercrime Prevention Act to robbery committed through digital means, and why penalties are one degree higher.

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

The Supreme Court clarifies how social media posts can constitute psychological abuse under RA 9262, and when ICT use raises the penalty.

Writ of Kalikasan: Supreme Court Requires Concrete Evidence, Not Mere Allegations

The Supreme Court clarifies that Writ of Kalikasan petitioners must present concrete evidence linking a defendant's acts to environmental damage, not just allegations.

Psychological Incapacity vs Marital Discord: When Annulment Fails in Philippine Law

Philippine Supreme Court clarifies that marital unhappiness and discord are not enough to nullify a marriage under Article 36 of the Family Code.

Cockfighting Regulations in the Philippines: The Bonghanoy Ruling on PD 449

The Supreme Court's Bonghanoy ruling clarifies when cockfighting events for tourists and balikbayans may be held outside licensed cockpits under PD 449.

Evident Partiality in Philippine Arbitration: When Courts Can Vacate an Award

Philippine Supreme Court clarifies the "evident partiality" standard for vacating arbitration awards, distinguishing it from mere errors in weighing evidence.

Estoppel in Mortgage Foreclosures: Protecting Borrowers From Unfair Actions

Philippine Supreme Court ruling on co-owner rights in recovery of possession, clarifying when partition is not required before filing ejectment actions.

Arson with Homicide: How Circumstantial Evidence Secured a Conviction

The Supreme Court affirmed an arson-with-homicide conviction based solely on circumstantial evidence. Learn the legal standard and key lessons.

Probate of an Alien's Will in the Philippines: Nationality Principle Explained

Philippine courts can probate a foreigner's will executed in the Philippines. The nationality principle does not strip local courts of jurisdiction.

Moral Ascendancy in Rape Cases: What the Supreme Court Ruling Means

A 2020 Supreme Court ruling clarifies how moral ascendancy can replace force or intimidation in rape cases involving relatives.

Onerous Donations: When Failure to Fulfill Conditions Leads to Revocation

Philippine Supreme Court clarifies when failure to fulfill onerous donation conditions justifies revocation, and the prescriptive period for such actions.

Misrepresenting MCLE Compliance: Supreme Court Suspends Lawyer for Three Years

The Supreme Court suspended a lawyer for three years for falsely claiming MCLE exemptions in court pleadings, reinforcing ethical duties.

Attorney Suspended for Disobeying Court Orders: Abellanosa v. COA and NHA

The Supreme Court suspended a lawyer for five years for repeatedly ignoring lawful court directives, underscoring lawyers' duty to obey court orders.

Upholding Ethical Conduct: Disciplinary Action for Abuse of Court Processes

The Supreme Court suspends a lawyer for two years for dilatory tactics that delayed execution of a final judgment, violating the Lawyer's Oath and Code of Professional Responsibility.

Hierarchy of Courts and Exhaustion of Administrative Remedies: The Imperative for Orderly Legal Processes

The Supreme Court reiterates that parties must observe the hierarchy of courts and exhaust administrative remedies before seeking judicial relief.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Psychological Incapacity Under Article 36: When Falling Out of Love Is Not Enough

The Supreme Court clarifies the distinction between questions of fact and law in Article 36 nullity cases, and what evidence proves psychological incapacity.

Lease Agreements and Inheritance: What Tenants Should Know About Property Transfers

A lessee's occupancy does not create a vested right to buy property. Learn the limits of tenant rights when ownership changes.

When Can Courts Dismiss a Case for Failure to Prosecute? A Land Registration Lesson

The Supreme Court clarifies the limited grounds for dismissing a case for failure to prosecute, using a land registration dispute as the backdrop.

Reassignment and RATA: When Government Employees Keep Their Allowance

The Supreme Court clarifies when a reassigned local government employee may continue receiving RATA, balancing administrative authority with employee rights.

Nemo Dat Quod Non Habet: Why Title Verification Matters in Philippine Property Deals

Philippine law bars transferring property you don't own. Learn the nemo dat rule from Hermosilla v. Remoquillo and how to protect your purchase.