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 25 articles for preponderance of evidence

When a Lawyer’s Personal Debt Isn’t Professional Misconduct: Palaganas v. Panganiban

The Supreme Court clarifies that administrative cases against lawyers are for professional misconduct, not debt collection, in Palaganas v. Panganiban.

Psychological Incapacity After Marriage: The Boado Ruling on Article 36 Nullity

The Supreme Court clarifies when psychological incapacity can void a marriage, even if it manifests years after the wedding ceremony.

Estafa Acquittal: Why a Faulty Information Violates Due Process in the Philippines

A flawed information can lead to acquittal in estafa cases. Learn how the right to be informed shapes criminal due process in the Philippines.

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.

Medical Malpractice in the Philippines: Proving Negligence After Nuñez vs. Daz

When is a bad medical outcome negligence? The Supreme Court's Nuñez ruling clarifies the high burden of proof in Philippine malpractice cases.

Oral Partition of Inheritance: Proving Verbal Agreements in Philippine Law

The Supreme Court clarifies when an oral partition of inherited property can override a written extrajudicial settlement, and what evidence is needed.

Proving Intimidation in Contracts: The Ortigas Land Dispute and the Burden of Proof

Philippine law presumes contracts valid. Learn how the Supreme Court requires clear evidence to prove intimidation or undue influence.

Accretion and Forcible Entry: Why Prior Physical Possession Beats Title

In forcible entry cases over accreted land, the Supreme Court rules that prior physical possession, not mere ownership of adjacent titled property, is decisive.

Forcible Entry: How a Torrens Title Proves Prior Physical Possession

In ejectment cases, prior physical possession can be proven by a Torrens title and tax declarations, not just actual occupation. The Supreme Court explains.

Just Compensation in Expropriation: Lessons from the NGCP v. Gaite Ruling

The Supreme Court clarifies how courts determine just compensation in eminent domain cases, emphasizing verifiable data over speculative land reclassifications.

Psychological Incapacity in Philippine Marriages: The Claur Case Explained

The Supreme Court clarifies psychological incapacity as a legal concept in nullifying marriages, applying the Tan-Andal guidelines.

Property Ownership and Possession: Lessons from a Philippine Supreme Court Ruling

A Philippine Supreme Court ruling clarifies ownership, possession, and the role of tax declarations in property disputes.

Understanding the Burden of Proof in Disbarment Cases: A Philippine Supreme Court Ruling

The Supreme Court dismissed a disbarment complaint for lack of evidence, clarifying the burden of proof in administrative cases against lawyers.

Proving Lost Earnings After Wrongful Death: Testimony Can Suffice, Says Supreme Court

The Supreme Court ruled that credible testimonial evidence alone can prove a deceased person's income for lost earning capacity damages.

Trademark Infringement and Probable Cause: When the Secretary of Justice Abuses Discretion

The Supreme Court clarifies when courts may override the Secretary of Justice's dismissal of trademark infringement complaints for grave abuse of discretion.

Sales Invoice Suffices for VAT Refund Claims: Disparity Between Goods and Services Eliminated

Supreme Court rules sales invoices can substantiate VAT refund claims for zero-rated services, not just official receipts.

Partnership Disputes: Proving a Partnership Without a Formal Agreement

When no written partnership contract exists, courts look to conduct and circumstances. This case shows how to prove or disprove an informal partnership.

When Is a Consignee Liable for Freight? The MOF v. Shin Yang Rule

A consignee named in a bill of lading is not automatically liable for freight charges. The Supreme Court explains when liability attaches.

Presumption of Regularity of Public Documents: The High Bar for Proving Falsification

Public documents enjoy a presumption of regularity. Learn the high evidentiary standard needed to overcome it in administrative cases.

Finality vs Appeal: When an Unreadable Decision Tolls the Appeal Period

The Supreme Court clarifies when an unreadable court decision interrupts the appeal period, balancing procedural rules against substantial justice.

B.P. 22 Conviction Requires Proper Presentation of Notice of Dishonor: The Tan Case

A B.P. 22 conviction requires the prosecution to properly present the notice of dishonor in court; failure to do so negates the presumption of knowledge of insufficient funds.

Forcible Entry in the Philippines: Why Prior Physical Possession Evidence Wins Cases

Learn how Philippine courts decide forcible entry cases, why prior physical possession evidence matters, and key lessons from Buduhan v. Pakurao.

Burden of Proof in Insurance Claims: Insurers Must Prove Policy Exclusions Apply

When an insurer denies a claim citing a policy exclusion, Philippine law requires the insurer to prove the exception applies—mere suspicion is not enough.

Independent Civil Actions Under the Civil Code: No Reservation Needed, Even With a Pending Criminal Case

The Supreme Court clarifies that civil claims based on the Civil Code may proceed independently of criminal cases, with no prior reservation required.