法律洞察

Upholding Prior Possession in Forcible Entry and the Burden of Proof in Property Disputes

Philippine Tourism Authority v. Sabandal-Herzenstiel clarifies prior possession and burden of proof in forcible entry cases.

Duty of Candor: When Exercising a Right Becomes an Abuse of Right

Philippine Supreme Court ruling on abuse of rights under Article 19, Civil Code, and liability for damages in water disconnection case.

Consummation of Rape: Penetration, Force, and Legal Standards in Philippine Law

Philippine jurisprudence on rape requires proof of penetration and force or intimidation. This article explains the legal standards and practical implications.

Breach of Public Trust: Dual Roles, OIC Appointments, and Ethical Violations in UP Diliman

A look at the Supreme Court ruling on graft and ethical violations by UP officials who appointed a Chancellor to dual paid positions.

Rape and Consent: Why Love Does Not Justify Sexual Assault in Philippine Law

Philippine Supreme Court ruling affirms that being sweethearts is not a license for non-consensual sex, upholding rape convictions and clarifying the sweetheart defense.

Upholding Prior Possession in Forcible Entry Cases: Philippine Tourism Authority v. Sabandal-Herzenstiel

The Supreme Court clarifies that prior possession, not ownership, decides forcible entry cases, and how force may be implied.

Presidential Prerogative vs Artistic Integrity: The National Artist Awards Case

The Supreme Court clarifies the President's power to confer the Order of National Artists and its limits under Philippine law.

Dishonesty in Public Service: Resignation Does Not Preclude Administrative Liability

Philippine Supreme Court ruling: resigning from government service does not erase administrative liability for gross dishonesty committed while in office.

Independent Civil Actions and Criminal Liability: Prejudicial Questions in Estafa Cases

When does a civil case suspend a criminal prosecution? The Supreme Court clarifies the prejudicial question rule in estafa cases.

Due Process in Employee Dismissal: Nominal Damages for Procedural Lapses

Philippine Supreme Court clarifies that dismissing an employee for just cause still requires procedural due process, or the employer pays nominal damages.

Just Cause Dismissal Still Requires Due Process: Nominal Damages for Twin-Notice Violation

Philippine Supreme Court clarifies that even valid dismissals for just cause require the twin-notice rule; failure to comply merits nominal damages.

Double Dipping Denied Retirement Benefits VS Separation PAY IN Redundancy Cases

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Self-Defense Claims and the Degree of Injury: When Assault Becomes Attempted Murder

A Supreme Court ruling clarifies self-defense burdens, treachery, and why a non-fatal wound means attempted, not frustrated, murder.

No Separation Pay for Employees Dismissed for Cause: Key Labor Ruling

Philippine Supreme Court clarifies that employees validly dismissed for just causes like breach of trust are not entitled to separation pay.

The Court's Duty of Independent Assessment in Dismissing Criminal Cases

When prosecutors move to withdraw an Information, trial courts must independently assess the merits—not just perfunctorily deny the motion.

Piercing the Veil: Determining Employer Status in Labor Disputes

When is a manpower agency a mere labor-only contractor? The Supreme Court clarifies the test for true employer status in labor disputes.

Gross Negligence in Cash Advances Is Breach of Public Trust: Bacasmas v. Sandiganbayan

Public officials who approve irregular cash advances face graft liability. The Supreme Court explains gross negligence, bad faith, and conspiracy in Bacasmas v. Sandiganbayan.

Breach of Trust Convicting a Father for the Qualified Rape of His Daughter

The Supreme Court affirms a father's conviction for eight counts of qualified rape, explaining how moral ascendancy replaces force in incestuous rape.

Betrayal of Trust: Convicting a Father for the Rape of His Daughter in the Philippines

The Supreme Court affirms a father's conviction for eight counts of qualified rape of his minor daughter, explaining the rules on credibility, force, and penalties.

Quantum Meruit and Attorneys Fees in the Philippines: Filing Claims After Case Finality

Philippine Supreme Court ruling on recovering attorney's fees via quantum meruit after a case becomes final, with timing rules.

Reviving Judgments: The Doctrine of Suspended Prescription in Contract Disputes

When a debtor's own actions block execution, the five-year period to enforce a judgment by motion may be suspended.

Sheriffs' Misconduct Over Levied Vehicle: Grave Abuse of Public Trust

When sheriffs used a levied vehicle for personal errands and lost it, the Supreme Court imposed the ultimate administrative penalty.

Lawyer Disbarred for Deceitful Land Dealings and Misrepresenting Ownership

A lawyer was disbarred for selling land he did not own, misrepresenting himself as owner, and keeping the proceeds—a clear violation of professional ethics.