法律洞察

Continuing SEC Jurisdiction Resolving Corporate Liquidation Disputes

Supreme Court clarifies SEC retains jurisdiction over pending corporate suspension and liquidation cases filed before June 30, 2000.

When a Lawyer's Demand Letter Crosses the Line: Threats and Ethics

A lawyer's threat to file criminal charges in a demand letter violates the Code of Professional Responsibility and amounts to blackmail.

Certiorari Requirements Balancing Access to Justice and Procedural Rules

Court rules on clerk of court's dismissal for fund shortages, balancing procedural rules with access to justice.

Clerk of Court Dismissed for P1.04M Shortage in Court Funds

Supreme Court dismisses Clerk of Court for P1.04M cash shortage, ruling dishonesty and grave misconduct warrant removal even if employee is AWOL.

Succession Rights vs NHA Discretion: Resolving Land Disputes After Death

When a land awardee dies, can a government agency bypass heirs and award property to another? The Supreme Court says no.

The Solicitor General’s Mandatory Role in Protecting Government Interests in Litigation

A state college’s default judgment was voided because a private lawyer, not the Solicitor General, represented it. Learn the rule.

Illegal Strike Penalties: Union Officers' Dismissal Upheld in PILTEA Case

Supreme Court reinstates dismissal of union officers who staged illegal strike despite Labor Secretary's assumption order and procedural violations.

Navigating Libel, Good Faith, and Fair Comment in Philippine Law

The Supreme Court explains when good faith and fair comment can defeat a libel charge, using a policyholder's published notice as the case study.

When Strikes Defy Orders: Consequences for Union Officers in the Philippines

Philippine Supreme Court ruling on illegal strikes, union officer liability, and penalties for defying labor secretary orders.

Developer's Duty to Maintain Subdivision Streetlights Until Turnover

Philippine Supreme Court clarifies developer obligations for subdivision streetlight maintenance and electricity costs until turnover to local government.

Self-Defense and Unlawful Aggression: Burden of Proof in Philippine Homicide Cases

Philippine Supreme Court ruling on self-defense, unlawful aggression, and the accused's burden of proof in homicide cases.

Theft Is Consummated Upon Taking: Debunking the Myth of Frustrated Theft

The Supreme Court clarifies that theft is consummated the moment the offender takes property with intent to gain, even if later apprehended.

Contempt of Court: Limits on Summary Punishment and Judicial Notice in Philippine Litigation

Philippine Supreme Court clarifies when courts may punish contempt summarily and when they may take judicial notice of other cases.

Direct vs Indirect Contempt: When Courts Must Hold a Hearing Before Punishing

The Supreme Court clarifies the difference between direct and indirect contempt, requiring due process and proper hearing before punishment.

Survival of Actions: Protecting Property Rights After Death in Philippine Law

Philippine Supreme Court ruling on when lawsuits survive a party's death, focusing on property rights and heir substitution.

Land Registration: Proving Possession Since June 12, 1945 for Imperfect Titles

Philippine Supreme Court clarifies the June 12, 1945 possession requirement for land registration under Section 14 of PD 1529.

Regular vs. Project Employees: Security of Tenure in Service Contracting

The Supreme Court clarifies when workers in service contracting are regular employees entitled to security of tenure, not mere project hires.

B.P. 22 Issuing a Worthless Check Is a Crime Regardless of Intent

The Supreme Court affirms that issuing a worthless check is a crime under B.P. 22, regardless of the issuer's intent or purpose.

Perjury Charges and Probable Cause: The Role of Good Faith in Affidavit Statements

A look at Soriano v. Cabais on why good faith defeats perjury charges and the proper remedy for Ombudsman dismissals.

Seafarer Disability Benefits for Illness Contracted During the Contract Term

A seafarer who falls ill during his contract may claim total disability benefits even if the illness is not work-related, the Supreme Court ruled in 2007.

Upholding Ejectment: Why Ownership Disputes Don't Halt Possession Orders

Philippine Supreme Court clarifies that pending ownership cases do not stop execution of ejectment judgments, protecting the summary nature of unlawful detainer.

Redefining Rape: Sexual Assault and Its Implications Under Philippine Law

The Supreme Court explains how the Anti-Rape Law of 1997 redefined rape to include sexual assault by inserting fingers or objects into a victim's genital or anal orifice.

Unlawful Detainer Demand TO Vacate IS Jurisdictional

Upholding Search Warrants in Intellectual Property Cases: The Yao v. People Ruling

The Supreme Court affirms search warrants issued in trademark infringement cases, clarifying probable cause and warrant requirements under Philippine law.