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 1–12 of 12 articles for “retroactive application”

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Jul 28, 2024 election gun ban retroactivity article 22 revised penal code bargado case election law

Election Gun Ban and Retroactivity: The Bargado Case Explained

Can a postponed election erase a gun ban violation? The Supreme Court's Bargado ruling explains retroactivity in Philippine election law.

Jun 20, 2022 land registration res judicata ra 11573 property law judicial confirmation of title

Land Registration Reopened: New Evidence and RA 11573 Can Overcome Res Judicata

The Supreme Court allows previously denied land registration applications to proceed under RA 11573, easing proof requirements and overcoming res judicata.

Aug 23, 2012 poea nlrc seafarer disciplinary action jurisdiction migrant workers

POEA Jurisdiction Over Seafarer Disciplinary Cases: NLRC Has No Appellate Review

Supreme Court clarifies that appeals from POEA disciplinary action cases against seafarers go to the Labor Secretary, not the NLRC.

Nov 16, 2010 gsis pension retirement benefits government employees supreme court mandamus

GSIS Pension Rights: Recovering Retirement Benefits After a Wrongful Denial

Learn how the Supreme Court protects government retirees' pension rights, even when GSIS initially approved benefits under the wrong law.

Jul 3, 2009 criminal law juvenile justice ra 9344 age of criminal responsibility testimonial evidence qualified rape

Age of Criminal Responsibility: Testimonial Evidence and Protecting Juvenile Offenders

How testimonial evidence can prove a juvenile offender's age for exemption from criminal liability under RA 9344.

Jul 28, 2008 labor-law retirement security-of-tenure illegal-dismissal ra-7641 quitclaim

Compulsory Retirement at 60: When Company Policy Violates Security of Tenure

A company policy forcing retirement at 60 can be illegal dismissal. The Supreme Court explains the difference between voluntary and compulsory retirement.

Jan 22, 2007 vat zero-rating tax refund bir commercial-law tax-code

Philippine VAT Zero-Rating for Services: The "Doing Business Outside the Philippines" Requirement

Supreme Court clarifies VAT zero-rating for services requires the recipient to be doing business outside the Philippines, not just payment in foreign currency.

Jul 13, 2006 tax law bir rulings non-retroactivity vat taxpayer rights

Non-Retroactivity of BIR Rulings: The Benguet Case and Taxpayer Protection

Learn how the Supreme Court protects taxpayers from retroactive BIR rulings, based on the landmark Benguet Corporation case.

Mar 20, 2003 agrarian reform land bank appeal retroactivity prospectivity civil procedure

Retroactivity vs Prospectivity: Protecting Vested Rights in Agrarian Reform Appeals

The Supreme Court clarifies when its ruling on the proper mode of appeal in agrarian cases applies, protecting vested rights.

Nov 28, 2001 civil procedure independent civil action criminal procedure estafa forum shopping civil code

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.

May 24, 2001 criminal law murder conspiracy inducement revised penal code death penalty

Hired Guns and Silent Inducements: Criminal Liability in Contract Killings Under Philippine Law

A look at how Philippine courts treat hired killers and those who induce them, based on a landmark 2001 murder case.

Jul 27, 1999 criminal law death penalty retroactive application constitutional law accused rights revised penal code

Retroactive Application of Penal Laws Protecting Accused Rights in the Philippines

Explaining how the 1987 Constitution's abolition of the death penalty retroactively benefits accused persons whose crimes were committed before its ratification.