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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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Showing 25321–25344 of 25,395 articles

Judicial Delay Consequences: Judges Must Decide Cases Within 90 Days

The Supreme Court holds judges administratively liable for failing to decide cases within the 90-day constitutional period, as shown in Lopez v. Alon.

Judicial Ethics: When Should a Judge Inhibit From a Case

Philippine Supreme Court clarifies when a judge must inhibit from a case to preserve impartiality and avoid the appearance of bias.

Understanding Arbitration Clauses in Philippine Construction Contracts

The Supreme Court clarifies that broad arbitration clauses in construction contracts cover all disputes arising from the contract, including claims for fees on work subcontracted by the owner.

Independent Contractor vs Employee: The Right of Control Test in Philippine Labor Law

Understand the right of control test that distinguishes an independent contractor from an employee under Philippine labor law, as explained in Sandigan Savings v. NLRC.

Highway Robbery vs Robbery with Homicide: Key Distinctions Explained

The Supreme Court clarifies when a hold-up on a Philippine highway is highway robbery under P.D. 532 or robbery with homicide under the Revised Penal Code.

Illegal Dismissal Burden of Proof on Employers and Quitclaims in the Philippines

In illegal dismissal cases, the employer bears the burden of proving valid termination, and quitclaims do not automatically bar employees from pursuing claims.

Rape Conviction and Credibility: How Intimidation and Witness Testimony Shape Philippine Rape Cases

A look at how Philippine courts weigh witness credibility and intimidation in rape cases, based on a 1996 Supreme Court ruling.

Perfecting Appeals Understanding Timelines AND Motions FOR Reconsideration IN Philippine Courts

Learn why filing a motion for reconsideration with the NLRC is mandatory before seeking certiorari from the Supreme Court.

Self-Defense in the Philippines: When Can You Justifiably Use Force?

The Supreme Court explains the three requisites of self-defense under Article 11 of the Revised Penal Code and when using force is justified.

Child Witness Testimony in Philippine Courts: Competency and Credibility Standards

Philippine courts evaluate child witness competency case-by-case. Learn the standards from People v. Mendoza and practical takeaways.

Treachery in Philippine Law: When Does an Attack Qualify as Murder

The Supreme Court explains when a killing is treachery-qualified murder and when it remains only homicide, with practical guidance.

Proving Treachery in Murder Cases: Lessons from People v. Ocsimar

The Supreme Court clarifies that treachery must be proven as clearly as the crime itself, and a stab from behind does not automatically qualify as murder.

Rape Conviction: Penetration and Credibility of Child Witnesses in Philippine Law

Explaining the Supreme Court ruling that slight penetration suffices for rape and that young victims' testimonies deserve full credence.

Illegal Dismissal: Understanding Backwages and Separation Pay in the Philippines

Learn how Philippine law computes backwages and separation pay for illegally dismissed employees, based on a landmark Supreme Court ruling.

Rape Conviction and Identification: Understanding the Burden of Proof in Philippine Law

Philippine Supreme Court clarifies proof beyond reasonable doubt in rape cases, distinguishing positive identification from mere speculation.

Back Wages vs. Separation Pay: Employee Rights When a Business Closes in the Philippines

Learn when Philippine employees get separation pay but not back wages after business closure, based on a Supreme Court ruling.

When Running for Senator Moots a Presidential Election Protest

The Supreme Court explains when a candidate's election to another office abandons and moots a pending presidential election protest.

Termination of School Administrators: Qualification Standards and Due Process

Philippine Supreme Court ruling on when schools may terminate administrators for lacking qualifications, and the due process required.

Bail in the Philippines: When Is a Hearing Required in Capital Offenses

Philippine Supreme Court clarifies that bail in capital offenses requires a hearing, even if the prosecution recommends bail.

When Can a Mortgage on Public Land Be Void: DBP v. Court of Appeals

Philippine Supreme Court ruling on when mortgaging land under a free patent application is void and what makes a mortgage valid.

Perjury in the Philippines: False Statements in Legal Documents Explained

Learn how Philippine courts define perjury, what makes a false statement criminal, and why withdrawing a petition does not erase liability.

Rape Conviction Despite Intact Hymen: The Legal Definition of Rape in the Philippines

Philippine law does not require a broken hymen to prove rape. Entry into the labia is enough. Learn the legal definition.

Understanding Substituted Service and Extrinsic Fraud in Philippine Ejectment Cases

Learn how Philippine courts treat substituted service of summons and extrinsic fraud in ejectment cases, based on a 1996 Supreme Court ruling.

Public Bidding in Government Contracts: The NFA Security Services Case

The Supreme Court nullified NFA's negotiated security contracts, reaffirming that public bidding is the rule in government procurement, not the exception.