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Good Faith Buyers and Title Defects: Lessons from Billote v. Badar
Philippine Supreme Court ruling on good faith buyers, Section 4 Rule 74 annotations, and co-owner sales of undivided shares.
Enforcing a Philippine Judgment: Time Limits, Property Levies, and Revival
Learn the 5-year rule for executing judgments in the Philippines, how to revive a dormant judgment, and what property a sheriff can levy.
Moral Turpitude and Public Service: The Consequences of Dishonored Checks
A court clerk's conviction for three counts of BP 22 violations leads to forfeiture of benefits and perpetual disqualification from government service.
SALN Errors and Government Access: When the Ombudsman Cannot Prosecute
The Supreme Court clarifies that government agencies must follow the mandatory SALN review procedure before prosecuting public officials for omissions.
SALN Compliance: Government’s Duty to Notify and Consequences of Non-Compliance
The Supreme Court clarifies that government agencies must follow the mandatory review and compliance procedure before penalizing officials for SALN errors or omissions.
SALN Compliance: Government Must Notify Officials and Allow Correction Before Penalties
The Supreme Court clarifies that government agencies must follow the mandatory review and compliance procedure before penalizing officials for SALN errors or omissions.
Judicial Misconduct: When a Court Employee's Conviction for BP 22 Means Forfeiture of Benefits
The Supreme Court clarifies when a court employee's conviction for a crime involving moral turpitude, like BP 22 violations, leads to dismissal and forfeiture of retirement benefits.
Concurrent Authority Investigating Energy Market Breaches in the Philippines
The Supreme Court clarifies that PEMC and ERC share concurrent power to investigate WESM rule breaches, resolving a jurisdictional dispute.
Plea Bargaining in Drug Cases: Can a Judge Overrule the Prosecution?
The Supreme Court clarifies when trial courts may accept plea bargains in drug cases even over the prosecution's objection.
Concurrent Jurisdiction: PEMC Authority to Investigate WESM Rule Breaches
Supreme Court affirms PEMC's concurrent power with ERC to investigate and sanction WESM rule breaches by market participants.
Forum Shopping Dismissal of Claims and Preservation of Judicial Integrity
The Supreme Court clarifies when filing multiple suits amounts to deliberate forum shopping and results in dismissal with prejudice.
Supreme Court on Plea Bargaining: Courts May Overrule Prosecution's Objection in Drug Cases
The Supreme Court clarifies when trial courts can allow plea bargaining in drug cases despite prosecution objections, citing People v. Montierro.
When a MOA Becomes a Binding Contract: Lessons from a Property Sale Dispute
A Supreme Court ruling clarifies when a Memorandum of Agreement becomes a binding contract of sale, and why parties cannot later disavow it.
Retrenchment in the Philippines: Proving Business Losses Under Article 298
Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.
Unlocking VAT Refunds for Zero-Rated Sales: The Attributability Requirement in Philippine Tax Law
The Supreme Court clarifies that input VAT need not be directly and entirely attributable to zero-rated sales for refund claims, easing the path for VAT-registered taxpayers.
Illegal Recruitment and Estafa: When Overseas Job Promises Turn Into Crimes
The Supreme Court clarifies when fake overseas job offers constitute illegal recruitment and estafa, and explains the penalties under Philippine law.
When Can a Writ of Possession Be Challenged? Supreme Court Clarifies
The Supreme Court nullified a writ of possession in an NGCP expropriation case, ruling that trial courts must first determine the expropriator's authority before issuing the writ.
Hot Pursuit Arrests: When Is a Warrant Required in the Philippines
The Supreme Court explains the limits of warrantless hot pursuit arrests and the chain of custody rule for seized drugs.
Reasonable Doubt and Identification: Protecting the Accused in Philippine Rape Cases
The Supreme Court acquits a rape accused when flawed identification and danger signals create reasonable doubt, reinforcing the presumption of innocence.
Workplace Sexual Harassment: Defining Boundaries and Protecting Employees in the Philippines
Supreme Court suspends lawyer for two years over workplace sexual harassment of a junior associate, clarifying professional boundaries.
Anti-Trafficking Law: Deception and Exploitation Define Human Trafficking
The Supreme Court explains how deception and exploitation of vulnerability constitute human trafficking under RA 9208, as amended.
Direct Assault vs Resistance: Understanding the Nuances in Philippine Law
The Supreme Court clarifies when physical force against police officers amounts to direct assault or only resistance and disobedience under Philippine 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.
Reviving Justice: How Refiling a Quasi-Delict Complaint Overcomes Prescription
A Supreme Court ruling clarifies summons service, real party in interest, and prescription in refiled quasi-delict cases.