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 39 articles for olt

Inverse Condemnation and Provisional Compensation: What RA 10752 Means for Landowners

The Supreme Court clarifies that RA 10752 governs provisional compensation in inverse condemnation cases filed after its effectivity, even if the taking occurred earlier.

Adultery and Disbarment: When a Lawyer's Private Conduct Ends the Legal Career

The Supreme Court disbarred a lawyer for an extramarital affair, affirming that gross immorality in private life warrants the ultimate professional sanction.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Corporate Opportunity Doctrine: Directors Cannot Take Business Deals for Themselves

Supreme Court clarifies when corporate directors breach their duty of loyalty by taking business opportunities meant for the corporation.

Illegal Dismissal and Substantial Evidence: The Padsing v. Lepanto Case

The Supreme Court’s ruling in Padsing v. Lepanto underscores that employers must prove just cause for dismissal with substantial evidence.

Intellectual Disability in Rape Cases: What the Supreme Court Requires

The Supreme Court clarifies when intellectual disability must be proven by clinical evidence in rape prosecutions, and why it matters.

Power Supply Contracts: Liability for Fluctuations and Damages

A look at Meralco v. AAA Cryogenics on liability for power fluctuations, proof of damages, and temperate damages in supply contracts.

Understanding the Special Power to Sell in Real Estate Mortgages: A Supreme Court Ruling

Learn how the Supreme Court clarified what constitutes a valid special power to sell in extrajudicial foreclosure of real estate mortgages.

Usurpation of Authority: Delineating Official Functions and Good Faith in Public Office

The Supreme Court clarifies the meaning of "forthwith" in impeachment proceedings, emphasizing the Senate's discretion in preparing for trial and the limits of judicial intervention.

When a Killing Is Homicide, Not Murder: Treachery Must Exist at the Attack's Inception

The Supreme Court explains when a killing is homicide, not murder, and why treachery must exist from the very start of the attack.

Trademark Ownership Rests on Prior Use, But Related Goods Still Matter

Philippine Supreme Court clarifies trademark ownership via prior use and the test for related goods in SAKURA dispute.

Agrarian Reform Land Transfer Validity Hinges on Prior Tenant Knowledge of Ownership Changes

A land sale executed before PD 27 must be known to tenants to bind them; otherwise, the land stays under Operation Land Transfer coverage.

Psoriasis Seafarers and the Burden of Proof in Work-Related Illness Claims

Philippine Supreme Court ruling on proving work-related illness for disability benefits, with lessons for seafarers.

Breach of Contract and Banks' Liability: Understanding Hold Out Clauses in Deposit Agreements

When can a bank freeze a depositor's account? The Supreme Court explains the limits of "hold out" clauses in deposit agreements.

Retention Rights Under Agrarian Reform: Limits for Landowners With Other Agricultural Holdings

Philippine Supreme Court clarifies when landowners with other agricultural lands lose retention rights over tenanted rice lands under LOI 474.

Movable or Immovable: How Mortgage Agreements Define Property in Foreclosure

A Supreme Court ruling on whether machineries are movable or immovable property in mortgage foreclosures, explained in plain language.

When Prohibition Fails: Understanding the Limits of Extraordinary Writs in Philippine Courts

The Supreme Court clarifies when certiorari may be used despite a pending information, and how fair reporting protects the press from libel.

Proving Guilt Beyond Reasonable Doubt in Illegal Drug Sales: Key Lessons from People v. Aure

A look at how Philippine courts apply proof beyond reasonable doubt in drug sale cases, using the Supreme Court's ruling in People v. Aure.

Determining Agrarian Disputes Jurisdiction Between DARAB and DAR Secretary

Philippine Supreme Court clarifies when the DARAB, not the DAR Secretary, has jurisdiction over agrarian disputes involving OLT coverage.

Kidnapping for Ransom: Conspiracy and the Element of Deprivation of Liberty

Philippine Supreme Court clarifies kidnapping for ransom elements, conspiracy liability, and what counts as deprivation of liberty.

Mootness in Philippine Law: Resignation Resolves Appointment Dispute

Explore how the Supreme Court applies the mootness doctrine in Philippine administrative law, using a resignation case to illustrate key principles.

Gross Negligence and Employee Termination: When One Mistake Justifies Dismissal

Philippine Supreme Court clarifies when a single act of gross negligence can be a valid just cause for terminating a regular employee.

DARAB Jurisdiction Over Emancipation Patent Cancellation in Agrarian Retention Cases

Supreme Court affirms DARAB jurisdiction to cancel emancipation patents issued over lands validly retained by landowners under agrarian reform laws.

Illegal Dismissal of OFW: When Tardiness Is Not a Valid Ground for Termination

Philippine Supreme Court clarifies when a single act of tardiness cannot justify dismissing an overseas Filipino worker, and how illegal dismissal damages are computed.