法律洞察

Publication Requirement Prevails: Unpublished Handwritten Addendum Has No Legal Effect

Supreme Court rules unpublished handwritten addendum to a presidential proclamation has no force of law, reaffirming the indispensable publication requirement.

Judicial Accountability THE Price OF Delay AND Disobedience IN THE Philippine Justice System

Statutory Rape and Credibility: What People v. Piosang Teaches Philippine Litigants

A child rape conviction shows how Philippine courts weigh a young victim's testimony, reject alibi, and fix penalties and damages under the Revised Penal Code.

Estoppel and Foreclosure: When a Bank's "Incentive" Is Not a Redemption Extension

The Supreme Court clarifies when a bank's incentive scheme letter extends the redemption period and when estoppel applies.

Preserving Integrity Ensuring Drug Evidence Validity Despite Procedural Lapses IN Drug Cases

The Supreme Court acquits a drug possession accused because police failed to follow Section 21 procedures, casting doubt on evidence integrity.

Chain OF Custody Safeguarding Drug Evidence IN Philippine LAW 7

Academic Freedom and Ethical Standards: Selling Books to Students as Conduct Prejudicial to Service

A professor's sale of books to her own students was upheld as conduct prejudicial to service, clarifying limits of academic freedom.

Falsifying Time Records Defining Dishonesty in Public Service

Explaining how false DTR entries constitute dishonesty in Philippine public service, citing the Magbanua case and its penalties.

Attorney’s Fees in the Philippines: When Courts Can Award Them

Philippine courts cannot award attorney's fees without clear justification. Learn the rules under Article 2208 of the Civil Code.

Erosion of Public Trust: Dismissal for Graft and Corruption in the Judiciary

A process server's dismissal for soliciting money from litigants underscores the strict accountability of court personnel in the Philippines.

Unsatisfactory Performance: When Two Consecutive Bad Ratings Justify Dropping from the Rolls

The Supreme Court explains when two consecutive unsatisfactory performance ratings justify dropping a court employee from the rolls.

Positive Identification Prevails Over Alibi in Criminal Prosecution

Supreme Court affirms conviction based on credible eyewitness identification, rejecting alibi and denial defenses in murder case.

Separation Pay and Due Process in Valid Dismissals: Lessons from Unilever v. Rivera

The Supreme Court clarifies when separation pay is due to validly dismissed employees and the procedural due process required in termination cases.

Contract to Sell: Seller's Right to Rescind and Recover Property Ownership

When a buyer covertly transfers title before full payment in a contract to sell, the seller may rescind and recover ownership.

Security of Tenure Prevails: Tenant Rights in Agrarian Ejectment Cases

Philippine Supreme Court ruling on tenant security of tenure, ejectment grounds, and procedural rules in agrarian disputes.

Waiver of Demand and Interest Rate Limits in Philippine Loan Agreements

The Supreme Court clarifies when demand is unnecessary before default and why courts reduce excessive stipulated interest rates.

Separation Pay After Valid Dismissal: When Social Justice Does Not Apply

The Supreme Court clarifies when a validly dismissed employee may still receive separation pay, and when social justice arguments fail.

Public Space vs Private Gain: When Loan Agreements Undermine Public Land Rights

Supreme Court rules loans secured by public plaza are void; public dominion property cannot be collateralized for commercial ventures.

Motion for Reconsideration Cannot Raise New Issues, High Court Rules

Supreme Court reiterates that new arguments raised for the first time in a motion for reconsideration are deemed waived, affirming finality of judgments.

Possession vs Ownership: Resolving Ejectment Disputes Under Philippine Law

Philippine Supreme Court clarifies that in unlawful detainer cases, courts may provisionally rule on ownership to determine who has the right to possess property.

Judicial Overreach Limits on Agrarian Reform Adjudicators and Due Process

A lawyer-adjudicator's suspension for issuing writs of possession before an appealed order became final, violating due process and DARAB rules.

Entrapment vs. Instigation: Safeguards Against Illegal Drug Sale Convictions

Explaining the difference between entrapment and instigation in buy-bust operations, and when courts may acquit in drug cases.

Moral Ascendancy AS Force Rape Conviction Upheld Despite Absence OF Physical Violence

Forcible Entry: Prior Physical Possession Prevails Over Ownership Claims

In forcible entry cases, prior physical possession—not ownership—decides who stays. The Supreme Court explains why in Rivera-Calingasan v. Rivera.