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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Diminished Liability Distinguishing Homicide From Murder Based ON Proof OF Superior Strength
The Supreme Court explains when the qualifying circumstance of abuse of superior strength applies—and when it does not.
Cyber Libel Prescribes in One Year: Supreme Court Clarifies RA 10175 and RA 9480
The Supreme Court rules cyber libel prescribes in one year, not 15, and clarifies when the prescriptive period starts running.
Road Right-of-Way Measurement: The 20-Meter Rule from the Highway Centerline
The Supreme Court clarifies that the 20-meter road right-of-way easement under the Public Land Act is measured from the centerline of the highway.
Possession vs Ownership: Resolving Land Disputes Through the Proper Legal Action
Philippine Supreme Court clarifies when to file unlawful detainer versus accion publiciana, and why bare allegations of tolerance are not enough.
Rape Conviction Affirmed: Credibility of Victim Testimony and the Weakness of Alibi Defense
In People v. Ganaba, the Supreme Court affirmed a rape conviction, stressing that victim testimony can outweigh alibi and denial defenses in criminal cases.
Rape of a Person with Mental Retardation: Consent and the Need for Specific Allegations
The Supreme Court clarifies that carnal knowledge of a mental retardate is rape, but qualifying circumstances must be alleged in the Information.
Certificate of Arrival Is Mandatory in Naturalization Cases, Supreme Court Rules
The Supreme Court denies naturalization for missing a certificate of arrival, a mandatory requirement under the Revised Naturalization Law.
Maritime Liens vs Preliminary Attachment: Enforcement Rules Under Philippine Law
Philippine Supreme Court clarifies when a maritime lien suffices and when a writ of preliminary attachment is proper.
Checkpoint Searches in the Philippines: Balancing Public Safety and Individual Rights
The Supreme Court explains when checkpoint and bus searches are valid under the Constitution, and what makes them reasonable.
Lawyer Suspended for Lending Money to Client: Breach of Fiduciary Duty
Supreme Court suspends lawyer for three months for lending money to a client, citing Rule 16.04 of the Code of Professional Responsibility.
Lawyer Suspended for Lending Money to Client: A Lesson in Legal Ethics
The Supreme Court suspended a lawyer for lending money to a client and foreclosing on the mortgage—a clear violation of the Code of Professional Responsibility.
Notarial Duty and Identification Validity of Notarization Based on Laws at Time of Execution
Notaries must follow the identification rules in effect when the document is notarized, not later rules. The Supreme Court explains in this administrative case.
Preemptive Rights and Waiver in Close Corporation Stock Transfers
When does failure to follow a stock transfer restriction become valid? The Supreme Court explains consent and waiver in Florete v. Florete.
Online Psychological Abuse Under RA 9262: Proving Social Media Authorship and Higher Penalties
Supreme Court clarifies how to prove social media authorship in VAWC psychological abuse cases and applies higher cybercrime penalties.
Upholding Ethical Standards: Consequences for Judicial and Notarial Misconduct in the Philippines
The Supreme Court dismisses a judge for gross immorality and suspends him from law practice, reaffirming strict ethical standards for the judiciary and bar.
Fair Compensation for Agricultural Land Under CARP: Apo Fruits v. LBP
The Supreme Court clarifies how courts determine just compensation for agricultural land taken under CARP, and when interest starts to run.
Apo Fruits v. Land Bank: Just Compensation and Interest in Agrarian Expropriation
The Supreme Court clarifies how just compensation is determined and when legal interest accrues in agrarian reform cases.
Double Jeopardy and Grave Abuse of Discretion: The Limits of Certiorari in Acquittal Reversal
The Supreme Court explains when a Rule 65 petition may—and may not—challenge an acquittal by the Sandiganbayan.
Accountability Prevails: Principals Liable for Homicide During Robbery Regardless of Direct Participation
Philippine Supreme Court clarifies that all participants in a robbery are liable for robbery with homicide even if they did not personally kill.
Rape by a Parent: Upholding the Sanctity of Trust and the Reclusion Perpetua Penalty
The Supreme Court affirms a father's rape conviction, explaining why parental moral influence substitutes for force and why reclusion perpetua stands.
Possession Is Prima Facie Evidence: Understanding Fencing Under Philippine Law
The Supreme Court explains how mere possession of stolen goods can convict a person of fencing under PD 1612, and clarifies the proper penalty.
Environmental Protection Prevails: Citizens' Right to a Balanced Ecology Upheld
The Supreme Court affirms the writ of kalikasan, ordering the closure of Cebu's Inayawan landfill to protect residents' constitutional right to a balanced and healthful ecology.
Attorney's Fees in Contingency Agreements: Calculating the Right Base and Who Pays
The Supreme Court clarifies how to compute contingency fees and who bears liability for attorney's fees in settled cases.
When Signing Without Reading Backfires: The Diampoc v. Buenaventura Case
Learn how the Supreme Court ruled that signing a deed without reading it binds the signer, even if notarization was defective.