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 32 articles for san miguel corporation

Government Contracts: When Is a Deal Manifestly Disadvantageous?

The Supreme Court clarifies when a government contract is "manifestly and grossly disadvantageous" under Section 3(g) of the Anti-Graft Law.

Retroactivity of Tax Rulings Clarifying Documentary Stamp Tax on Intercompany Advances

Supreme Court clarifies when tax rulings apply retroactively, affecting documentary stamp tax on intercompany advances and refund claims.

Reinstatement and Length of Service: Employee Rights in Illegal Dismissal Cases

When illegally dismissed employees return to work, does their service clock reset? The Supreme Court clarifies the reckoning point for length of service.

Holding Company vs Financial Intermediary: Local Business Tax on Dividends

Supreme Court clarifies that holding companies receiving dividends are not non-bank financial intermediaries subject to local business tax under the Local Government Code.

Upholding Stockholder Rights Jurisdiction In Intra Corporate Disputes Involving Sequestered Entities

The Supreme Court clarifies that intra-corporate disputes involving sequestered firms belong to the RTC, not the Sandiganbayan.

Enforceability of Incentive Bonuses When Promises Become Obligations

When do employer promises become enforceable obligations? The Supreme Court clarifies jurisdiction over training reimbursement claims and unpaid salary disputes.

Who Owns the Shares When Public Funds and Private Interests Collide in San Miguel Corporation

The Supreme Court resolves who owns sequestered SMC shares bought with coconut levy funds—the registered owners or the coconut farmers.

Breach of Public Trust: Why Appearances Matter in Philippine Civil Service

The Supreme Court's ruling in Republic v. Sandiganbayan clarifies how public officers can be held liable for breach of public trust, even through corporate vehicles.

The 24-Hour Rule in Cargo Claims: Carrier Liability Under Philippine Shipping Law

Philippine Supreme Court clarifies the 24-hour claim rule under the Code of Commerce for damaged cargo and its effect on carrier liability.

Finality of Judgment: When a Lawyer's Negligence Does Not Deny Due Process

A dismissed employee's late appeal fails as the Supreme Court upholds finality of judgment despite counsel's negligence.

San Miguel Corp. v. NLRC: When Dismissal for Unauthorized Absences Is Justified

Explore when unauthorized absences justify dismissal under Philippine labor law, as clarified in San Miguel Corp. v. NLRC (2008).

Supervisory Employees and Overtime Pay: The Limits of Benefit Preservation in Philippine Labor Law

The Supreme Court clarifies when overtime pay is a preserved benefit for supervisory employees under Article 100 of the Labor Code.

Commission vs Basic Salary: Defining Retirement and 13th Month Pay in the Philippines

When do commissions count as basic salary for retirement pay and 13th month pay? The Supreme Court clarifies in Reyes v. NLRC.

Protecting Government Assets Understanding Exemptions From Execution IN THE Philippines

The Supreme Court clarifies when government funds and properties are exempt from execution, and when judges and sheriffs can be held liable.

Navigating Sequestration: Why Court Approval Is Mandatory for Disposing of Assets in the Philippines

Philippine Supreme Court ruling on why sequestered assets, including dividends, cannot be sold without Sandiganbayan approval.

Regular Employment Status and Labor-Only Contracting: The San Miguel Corporation Case

Learn how the Supreme Court protected a worker's regular employment status against labor-only contracting schemes in San Miguel Corporation v. NLRC.

Judicial Delay in the Philippines: Holding Judges Accountable for Delayed Case Resolutions

A Supreme Court ruling shows Philippine judges face fines for failing to resolve motions within the mandatory 30-day period.

Venue Stipulations in Contracts: Limits on Exclusive Venue Clauses

Philippine Supreme Court ruling on when exclusive venue stipulations in contracts apply, and when they cannot restrict access to courts.

Sandiganbayan Jurisdiction Over Sequestered Assets in Partition Disputes

When a sequestered corporation's property shrinks in a partition case, the Sandiganbayan—not ordinary courts—has jurisdiction to protect it.

Sandiganbayan Jurisdiction Over Sequestered Assets: The Del Moral Ruling

Explaining when the Sandiganbayan can annul an RTC ruling affecting sequestered corporations, and what this means for PCGG cases.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Five-Six Lending

When is a deed of sale actually a mortgage? The Supreme Court protects borrowers in five-six lending schemes.

Shipowner Liability for Captain's Negligence in Time Charters: San Miguel v. Heirs of Inguito

Philippine Supreme Court clarifies when a shipowner—not the charterer—is liable for a captain's negligence at sea.

When Is a Customs Broker a Common Carrier? The Transorient Container Case

A customs broker who transports goods as part of its business is a common carrier bound by extraordinary diligence under Philippine law.

Fortuitous Events and Carrier Liability: Navigating the Perils of the Sea

When a vessel sinks in a storm, is the carrier liable? The Supreme Court explains the rules on fortuitous events.