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 50 articles for particularity

Appeal to Supreme Court Philippines: Rules, Process, and What to Expect

Learn the rules for an appeal to the Supreme Court of the Philippines, including what cases qualify, the petition process, and practical steps.

Scattershot Search Warrants: The “One Specific Offense” Rule Explained

When does a search warrant become an invalid “scattershot” warrant? The Supreme Court clarifies the “one specific offense” rule in Puguon v. People.

Reconveyance Actions and Fraud Allegations: What a Complaint Must Allege

A reconveyance suit fails if fraud is only alleged in general terms. The Supreme Court explains what a complaint must state.

When "Or" Creates Uncertainty: The Perils of Imprecise Language in Qualified Rape Cases

The Supreme Court clarifies that an Information charging qualified rape must precisely allege the qualifying relationship—not state it in the alternative using raped a 16-year-old victim.

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.

Unreasonable Searches Evidence Inadmissible When Police Exceed Warrant Scope

When police exceed a search warrant's scope and violate Section 21, seized evidence becomes inadmissible, potentially leading to case dismissal.

Burden of Proof in Labor Disputes: Employer's Duty to Prove Wage Payments

In FLB Construction v. Trinidad, the Supreme Court reaffirms that employers bear the burden of proving wage payments in labor disputes.

Fraud and Writs of Preliminary Attachment: Lessons from a Philippine Supreme Court Ruling

When does non-payment of a debt amount to fraud justifying a writ of preliminary attachment? A recent Supreme Court ruling provides clear guidance.

Right to Access Search Warrant Records: Due Process and Confidentiality in Philippine Law

Philippine courts balance due process rights against informant confidentiality when accused persons seek search warrant records.

Understanding Treachery in Homicide Cases: Insights From a Philippine Supreme Court Ruling

A Supreme Court ruling clarifies when treachery qualifies killing to murder, and when it does not.

Proving Dismissal in Labor Disputes: Key Insights from a Recent Supreme Court Ruling

Learn when resignation is voluntary or forced, and how employees must prove dismissal in illegal dismissal cases under Philippine law.

Particularity in Search Warrants: What Diaz v. People Means for Your Rights

The Supreme Court explains when a search warrant's description of a place is sufficiently particular under the Constitution, using Diaz v. People.

Shareholder Rights Navigating Derivative Suits IN Philippine Corporate LAW

Understand when Philippine courts allow derivative suits, the requirements under the Interim Rules, and why majority shareholders cannot bypass the board of directors.

Limits on Seizure: Balancing Privacy and Law Enforcement in Criminal Cases

The Supreme Court clarifies when seized items are admissible, balancing privacy rights with valid law enforcement in search warrant cases.

Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law

Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.

One Specific Offense Rule: Search Warrants and the Limits of General Warrants

The Supreme Court nullified a search warrant covering both the Securities Regulation Code and estafa, affirming the one-specific-offense rule.

Sales Commissions Are Wages: Supreme Court Ruling on Unpaid Commissions and Unauthorized Deductions

Sales commissions are wages under Philippine law. Learn what the Supreme Court ruled on unpaid commissions and unauthorized car plan deductions.

Unraveling Fraud Protecting Heirs Rights IN Property Disputes

The Supreme Court clarifies when heirs can pursue quieting of title and reconveyance despite allegations of fraud and laches.

Search Warrant Validity: MTC Authority and Jurisdictional Boundaries

Supreme Court clarifies that a Municipal Trial Court may issue a search warrant even for offenses outside its trial jurisdiction, within the same judicial region.

MTC Authority to Issue Search Warrants: People v. Castillo Explained

The Supreme Court clarifies that MTCs can issue search warrants even for offenses beyond their jurisdiction, under Rule 126.

Piercing the Corporate Veil: Limits of Personal Liability for Corporate Acts in the Philippines

Philippine Supreme Court clarifies when corporate officers may be held personally liable and why certiorari cannot replace a lost appeal.

Prior Possession Is Key in Philippine Forcible Entry Cases

Philippine forcible entry cases hinge on prior physical possession. The Supreme Court explains why in Alcedo v. Sagudang.

Default Orders and Due Process: Protecting Defendants' Rights in Philippine Courts

Learn how Philippine courts balance default orders with due process, and what defendants must prove to lift a default judgment.

Judicial Independence and the Court's Power to Review Probable Cause for Arrest

When can a judge dismiss a case for lack of probable cause despite the prosecutor's finding? The Supreme Court clarifies the limits of judicial review.