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.
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Safeguarding Due Process: Ensuring Informed Waiver of Rights in Capital Offenses
Trial courts must conduct a searching inquiry before accepting an accused's waiver of the right to present evidence in capital cases.
Reconstitution of Lost Title: Court Clarifies Burden of Proof Under RA 26
Supreme Court clarifies the rules on judicial reconstitution of lost titles, emphasizing the order of sources and burden of proof under RA 26.
Child Witness Credibility in Rape Cases: Why Qualifying Circumstances Must Be Alleged
How Philippine courts assess a child rape victim's testimony and why unalleged qualifying circumstances reduce the penalty to reclusion perpetua.
Deficiency Judgments: Can Creditors Recover Unpaid Balances After Foreclosing Chattel Mortgages?
Explaining when Philippine creditors may sue for a deficiency judgment after foreclosing a chattel mortgage, and the legal limits on recovery.
Sheriff Dereliction of Duty: When Delayed Execution Violates Judicial Mandate
Philippine Supreme Court ruling on sheriffs' ministerial duty to execute writs promptly, with lessons on process server obligations.
Excessive Bail Violates Right to Due Process: Lessons from Magsucang v. Balgos
A judge's excessive bail demand can violate an accused's right to due process. Learn from the Magsucang case.
Impartiality on the Bench: Overcoming Bias Allegations in Philippine Courts
A notary public's duty to verify signatories personally is sacrosanct. This case explains the consequences of failing that duty.
Dismissal for Illness: Employer Must Prove Disease Grounds and Due Process
Philippine Supreme Court ruling on when an employer may validly terminate an employee due to disease, and the separation pay owed.
Upholding Notarial Duties: Consequences for Improper Document Acknowledgment
A notary public who acknowledges a document without the signatories appearing before him violates the law on notarial acknowledgment and faces suspension.
Challenging Local Tax Ordinances: The 30-Day Appeal Rule Under Section 187
Taxpayers must appeal to the Secretary of Justice within 30 days of a local tax ordinance's effectivity or lose the right to challenge it in court.
Lawyer's Neglect of Appeal Brief Leads to Six-Month Suspension
When a lawyer obtains extensions to file an appeal brief but fails to submit it, the client suffers—and the lawyer faces discipline.
Just Cause vs Due Process in Employee Dismissal: The Rosario Ruling
Philippine Supreme Court clarifies that a valid dismissal cause without procedural due process makes termination ineffectual, not illegal, and orders backwages.
When Counsel Dies: Attorney-Client Obligations and Appellate Deadlines in Amatorio v. People
The death of counsel does not excuse missed appellate deadlines. Amatorio v. People clarifies the binding effect of notices sent to law firms.
Accountability in Public Service: Delay in Remittance of Funds and Its Consequences
The Supreme Court rules on grave misconduct for delayed remittance of fiduciary funds by court personnel, emphasizing strict accountability in public service.
Due Process in Land Disputes: Why Fair Resurveys Matter for Property Owners
The Supreme Court reminds courts that relocation surveys in land disputes must respect due process—both parties need notice and representation.
Due Process and Timeliness: Strict Enforcement of Motion Hearing Rules in Philippine Courts
Philippine courts strictly enforce Rule 15, Section 5 on motion hearing dates. Learn how a pro forma motion can waive due process rights.
Balancing Ombudsman's Discretion With Due Process, Grave Abuse, and Probable Cause in PCGG Cases
The Supreme Court clarifies when the Ombudsman's dismissal of complaints constitutes grave abuse of discretion, using the Bataan nuclear plant case as a prime example.
Corporate Rehabilitation Stockholder Approval: When a Majority Vote Suffices
Philippine Supreme Court clarifies when corporate rehabilitation petitions need only majority stockholder approval, not two-thirds vote.
Sufficiency OF Complaints Before THE Ombudsman Protecting Public Interest AND Ensuring DUE Process
Incestuous Rape: Proving Each Count Beyond Reasonable Doubt
The Supreme Court clarifies that in incestuous rape cases, each separate charge must be proven beyond reasonable doubt, not just the overall pattern of abuse.
Upholding Due Process: Strict Adherence to Summary Procedure Timelines in Philippine Courts
Philippine courts must strictly follow summary procedure timelines. Learn how the Supreme Court enforces these deadlines to ensure speedy justice.
Incestuous Rape: The Standard of Proof for Multiple Charges in the Philippines
A Supreme Court ruling clarifies that finger insertion and licking do not constitute rape under the old law, but may be acts of lasciviousness.
Agency and Real Estate Sales: The Necessity of Written Authority
Philippine Supreme Court ruling on why an agent's authority to sell land must be in writing, or the sale is void.
Due Process in Lawyer Discipline: Formal Investigation Required Before Sanctions
Supreme Court remands lawyer disciplinary case to IBP for formal investigation, underscoring that due process requires a full hearing before sanctions.