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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 3337–3360 of 3,440 articles for “ces”

Retroactive Application of Penalties: When Can Criminal Sentences Be Reduced

Philippine Supreme Court explains when reduced criminal penalties apply retroactively, using a drug case as an example.

Mortgage Foreclosure Surplus: Mortgagor Rights to Excess Bid Proceeds in the Philippines

Philippine Supreme Court ruling on mortgagor rights to surplus proceeds from extrajudicial foreclosure sales and writ of possession.

When Can a Company Lay Off Employees? Understanding Employee Rights in the Philippines

Philippine law on employee layoffs explained: valid dismissal requires just cause and due process. Learn from a Supreme Court ruling.

Sheriff’s Fees in the Philippines: Rules, Limits, and the Abellera Case

Learn the legal limits on sheriff’s fees in the Philippines, the Abellera ruling on excessive charges, and practical safeguards for litigants.

Election Protests and Succession: Ensuring Electoral Integrity After a Candidate's Death

The Supreme Court rules that election protests survive a candidate's death, ensuring the people's true choice prevails.

Gross Negligence of Counsel: When Can a Client Get a New Trial in the Philippines?

When a lawyer's repeated absences prevent a client from presenting defense evidence, the Supreme Court may order a new trial to protect due process.

Rape Conviction: The Nuances of Penetration and Consent in Philippine Law

The Supreme Court clarifies that slight penetration suffices for rape, and intimidation can substitute for physical resistance.

When Is Dismissal Justified for Employee Misconduct in the Philippines

Philippine law on employee misconduct: when dismissal is justified, what constitutes serious misconduct, and the due process requirements employers must follow.

Self Defense Claims in Philippine Criminal Law: When Do They Hold Up

Philippine courts require unlawful aggression, reasonable necessity, and lack of provocation for self-defense. Learn from People v. Tobias.

Lis Pendens in the Philippines: Preventing Multiple Lawsuits and Wasted Resources

Learn how lis pendens works in the Philippines to prevent multiple lawsuits, protect property rights, and avoid wasted judicial resources.

Treachery in Philippine Criminal Law: Understanding Intent and Circumstances

Explore how Philippine courts assess treachery in criminal cases, focusing on intent, circumstances, and the elements required for conviction.

Due Process in Employee Dismissal: Why Notice and Hearing Are Non-Negotiable

Philippine Supreme Court ruling explains why employers must observe notice and hearing requirements before terminating employees, even with alleged just causes.

Incestuous Acts of Lasciviousness: When Parental Authority Cannot Shield Abuse

Supreme Court clarifies that a father's lewd acts on his sleeping 13-year-old daughter constitute acts of lasciviousness, not RA 7610 violation.

Judicial Ethics and Employee Conduct: Lessons from Belaunzaran v. NLRC on Dismissal and Abandonment

A look at Belaunzaran v. NLRC clarifies when resignation offers are not constructive dismissal and when unauthorized absences justify loss of trust.

Sheriff Negligence and Liability for Unreturned Seized Property

Philippine Supreme Court rules on sheriff's duty to return seized property and consequences of negligence in execution of writs.

Child Abuse and Parricide: Understanding the Legal Consequences in the Philippines

A father's brutal killing of his two-year-old son led to a parricide conviction. Learn the legal rules and penalties.

Government Procurement: Upholding Transparency and Reasonableness in Public Spending

The Supreme Court reminds COA that audit findings must respect due process, transparency, and the reasonableness of agency decisions in public procurement.

Why a Victim’s Testimony Can Be Enough to Convict in Rape Cases

The Supreme Court explains when a rape victim’s sole testimony suffices for conviction and why resistance is not always required.

Eminent Domain in the Philippines: Just Compensation and Due Process

Learn how Philippine law protects property owners in eminent domain cases, focusing on just compensation and due process requirements.

Qualified Trafficking in Persons: When Recruitment Alone Suffices for Conviction

The Supreme Court affirms a qualified trafficking conviction, ruling that recruitment for sexual exploitation is enough even if the victim initially declined.

Understanding Seafarer Dismissal Rights and Employer Duties in the Philippines

Learn the rules on seafarer dismissal in the Philippines from a Supreme Court case on illegal termination, due process, and overtime pay.

Overseas Employment Contracts: Illegal Dismissal and Employee Rights in the Philippines

Philippine Supreme Court ruling on illegal dismissal of a seafarer, covering due process, overtime pay, and overseas employment contract rights.

Circumstantial Evidence and the Right Against Self-Incrimination in Philippine Criminal Law

The Supreme Court explains when circumstantial evidence suffices for conviction and why the right against self-incrimination does not cover physical evidence.

Self-Defense in the Philippines: When Can You Legally Defend Yourself?

Learn the legal requirements for self-defense in the Philippines, including unlawful aggression, reasonable necessity, and lack of provocation.