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 47 articles for recall

Reasonable Doubt in Illegal Gambling: Supreme Court Acquits Accused in Cara y Cruz Case

Supreme Court acquits two men of illegal gambling under PD 1602, ruling that vague police testimony cannot overcome the presumption of innocence.

Judicial Immunity: Administrative Complaints Cannot Substitute Judicial Remedies

Administrative complaints cannot substitute judicial remedies against judges. Learn from a recent Supreme Court ruling on judicial immunity.

When Can a Writ of Possession Be Challenged? Property Rights Explained

A recent Supreme Court ruling clarifies when buyers of condominium units or parking slots can challenge a writ of possession issued after foreclosure.

Floating Status in Philippine Labor Law: When Suspension Becomes Illegal Dismissal

Learn when an employee's floating status becomes illegal dismissal under Philippine law, based on a 2024 Supreme Court ruling.

Insanity Defense in the Philippines: Burden of Proof and Criminal Liability

The insanity defense in Philippine criminal law requires clear proof of mental illness at the time of the crime. This case explains the rules.

Defying Court Orders Consequences OF Disobedience IN THE Philippine Justice System

The Supreme Court clarifies that repealing a penal law does not erase criminal liability when the offense is reenacted, affirming a child pornography conviction.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Illegal Dismissal: Employer Liability After a Prolonged Business Suspension

When a business suspension exceeds six months, employers must validly terminate or recall workers. Learn the rules from a 2023 Supreme Court ruling.

Eyewitness Identification in Philippine Criminal Cases: Lessons from People v. Torres

The Supreme Court acquitted Michael Torres, ruling that unreliable eyewitness identification cannot sustain a conviction beyond reasonable doubt.

Robbery with Rape and Grave Threats: Key Lessons from People v. Bueza

A Supreme Court ruling clarifies how credible testimony can prove robbery with rape and grave threats, even without physical injuries.

Understanding Rape Convictions: Victim Testimony and Legal Standards in Philippine Courts

The Supreme Court affirms a rape conviction, clarifying how victim testimony, force, and identity are assessed under Philippine law.

Understanding Jurisdiction in Agrarian Reform Disputes: Insights from a Landmark Philippine Supreme Court Case

Learn how the Supreme Court clarified jurisdiction over agrarian reform disputes in Land Bank v. Heirs of Divinagracia, a key Philippine property law case.

Limits of Clerks of Court Misconduct and Judicial Integrity

A clerk of court dismissed for simple misconduct after overstepping duties during writ implementation. Learn the boundaries of court personnel authority.

Understanding Lawyer Misconduct and Ethical Duties in Property Transactions

A Supreme Court ruling on a clerk of court's misconduct highlights the ethical boundaries court personnel must observe in property disputes.

Writ of Possession in Philippine Foreclosures: Finality and the Lessons from HH & Co. v. Perlas

Learn when a writ of possession becomes final and executory in Philippine foreclosures, and why courts rarely recall it, based on HH & Co. v. Perlas.

Employment Status and Control Test in Illegal Dismissal Cases: A Guide

Explaining how Philippine courts determine employment status and jurisdiction in illegal dismissal cases, using the Loreche-Amit v. CDMC ruling.

Insanity Plea Under Scrutiny: The Fine Line Between Confusion and Criminal Responsibility

The Supreme Court clarifies when confusion amounts to insanity exempting an accused from criminal liability, and when it does not.

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

When a "Lawyer" Is Not a Lawyer: Due Process and the Right to Counsel in Criminal Cases

The Supreme Court voids a conviction where the accused was represented by a fake lawyer, stressing the absolute right to counsel.

Accountability in Public Service: The Duty to Ensure Proper Delivery of Government Resources

Supreme Court affirms conviction of a city official for ghost delivery of equipment under Section 3(e) of the Anti-Graft Law.

Incestuous Rape Conviction Upheld Despite Alleged Testimonial Inconsistencies

Supreme Court affirms rape conviction, ruling minor inconsistencies in victim testimony do not undermine credibility or the prosecution's case.

Employer's Duty to Recall Employees After Six-Month Suspension of Operations

Philippine Supreme Court clarifies that a bona fide suspension of business operations beyond six months makes employee termination illegal unless workers are recalled.

Managerial Employees and Overtime Pay in the Philippines: The Clientlogic Case

Who counts as a managerial employee exempt from overtime pay? The Supreme Court's Clientlogic ruling clarifies the test.

Insanity Plea in Parricide: Burden of Proof and the Limits of Jealous Rage

The Supreme Court clarifies when insanity exempts an accused from criminal liability, and why jealous rage falls short.