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.
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Retroactive Application of Psychological Incapacity: Balancing Marital Sanctity and Individual Rights
The Supreme Court clarifies that Article 36 of the Family Code applies retroactively to marriages before 1988, but proof of psychological incapacity remains stringent.
Understanding Retroactive Application of Regulatory Resolutions Impact on Electric Cooperatives in the Philipp
This article explains the Supreme Court's ruling on the 120-day period for VAT refund claims and how BIR Ruling No. DA-489-03 affects electric cooperatives and taxpayers.
RA 10951 Retroactive Application: Modifying Malversation Penalties After Final Judgment
Explains Hernan v. Sandiganbayan, where the Supreme Court allowed RA 10951's favorable penalty reduction to apply even after final judgment in malversation cases.
Habeas Corpus and Libel: Limits of Retroactive Application of Favorable Penalties
When can a convict seek habeas corpus and demand retroactive application of a favorable penalty rule? The Supreme Court clarifies.
Reclusion Perpetua VS Reclusion Temporal Determining Criminal Liability AND Retroactive Application OF Juvenile Justice ACT
Retroactive Application OF Jurisprudence Clarifying THE Ombudsmans Authority
Upholding Due Process: The Limits of Retroactive Application in Behest Loan Cases
Supreme Court affirms Ombudsman's dismissal of behest loan charges, clarifying that administrative orders defining behest loans are not penal laws and cannot retroactively criminalize past transaction
Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession
When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.
Mining Contract Transfers: When New Laws Don't Apply Retroactively
Supreme Court ruling on FTAA transfers, presidential approval requirements, and the non-retroactive application of the Philippine Mining Act of 1995.
Retroactive Application of Procedural Rules: The Fresh Period Rule for Certiorari Petitions
The Supreme Court clarifies that curative procedural rules apply retroactively, granting a fresh 60-day period for filing certiorari petitions after denial of reconsideration.
Retroactive Application of Procedural Rules Ensuring Fairness in Certiorari Filings
Philippine Supreme Court ruling on retroactive application of curative procedural rules for certiorari filings under Rule 65.
Retroactive Application of Procedural Rules Clarifying Timelines for Certiorari Petitions
Philippine Supreme Court clarifies retroactive application of procedural rules and timelines for certiorari petitions in administrative case against RTC judge.
Retroactive Application of Procedural Rules Ensuring Timely Appeals in Philippine Courts
Philippine Supreme Court explains when procedural rules apply retroactively, allowing a late certiorari petition to proceed.
Jurisdiction Over PNP Officers: Salary Grade Thresholds and Retroactive Application in Criminal Cases
Explaining Escobal v. Garchitorena on Sandiganbayan jurisdiction, salary grade thresholds, and retroactive application of R.A. 7975.
Dwelling AS AN Aggravating Circumstance Retroactive Application AND THE Right TO BE Informed
Supreme Court Upholds Murder Conviction Despite Fugitive Status
The High Court affirms a murder conviction even as the accused remains at large, ruling on treachery, alibi, and the retroactive application of procedural rules.
Unlicensed Firearm Use in Murder: Retroactive Law and Double Jeopardy Explained
Philippine Supreme Court ruling on retroactive application of R.A. 8294 and its effect on separate charges for illegal firearm possession.
Retroactive Application of Procedural Rules: Timely Filing of Certiorari Petitions in Labor Disputes
Learn how the Supreme Court applied A.M. No. 00-2-03-SC retroactively, allowing a late certiorari petition in a labor case to proceed.
Retroactive Application of Penal Laws in the Philippines: When Can a Sentence Be Reduced
Philippine Supreme Court explains when favorable penal laws apply retroactively, reducing sentences even after conviction and while serving time.
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.
Retroactive Application of Laws: How Courts Ensure Fair Justice When Laws Change
Philippine courts apply laws prospectively, but exceptions exist. This article explains retroactivity principles through a 1999 rape case.
Retroactive Application of Retirement Laws: Employee Rights Under RA 7641
When do retirement laws apply retroactively? The Supreme Court clarifies the limits of RA 7641's retroactive application in Cabcaban v. NLRC.
Perfecting Your Appeal: Service of Notice and Timelines in Philippine Labor Cases
Learn how service of notice and appeal timelines work in Philippine labor cases, and why R.A. 7641's retroactive application has limits.
Retroactive Application of Retirement Laws: When R.A. 7641 Does Not Apply
Philippine Supreme Court ruling on when R.A. 7641 retirement benefits apply retroactively and when they do not, explained in plain language.