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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Supreme Court on Clerks of Court as Notaries: Limits of Ex Officio Powers
The Court clarifies when clerks of court may notarize documents, ruling on unauthorized notarial acts and identity verification duties.
VAT Refund Timeliness: The 120-Day Rule, BIR Ruling DA-489-03, and Strict Proof Requirements
Learn how the Supreme Court applied the San Roque doctrine to a prematurely filed VAT refund claim and the strict rules on zero-rated sales and invoicing.
Untangling VAT Refund Timelines: How a Misleading BIR Ruling Saved a Taxpayer's Claim
Philippine Supreme Court explains when a prematurely filed VAT refund claim survives, and why strict invoicing rules still apply.
Construction Delays and Liquidated Damages: Defining Substantial Completion in Philippine Law
Philippine Supreme Court clarifies when liquidated damages stop accruing in construction delays—actual substantial completion, not projections, matters.
Dismissal of Administrative Complaints Upholding the Presumption of Regularity in the Judiciary
The Supreme Court dismisses an administrative complaint against court officials, reaffirming the presumption of regularity in the performance of official duties.
Non-Diminution of Pay: Protecting Employee Benefits in Government Restructuring
The Supreme Court clarifies how non-diminution of pay applies when government agencies restructure compensation plans, using the NAPOCOR COLA case as example.
Procedural Due Process in Termination: Proper Notice When a Business Closes
The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.
Upholding Integrity: Public Officials' Accountability for Debts and Conduct
Supreme Court suspends clerk of court for willful failure to pay just debts and conduct prejudicial to the best interest of the service.
The High Bar for Psychological Incapacity: Marital Infidelity Alone Is Insufficient for Annulment in the Phili
The Supreme Court clarifies that infidelity alone does not prove psychological incapacity for annulment under Article 36 of the Family Code.
Insurance Policy Incontestability Clarifying Reinstatement Dates And Insurer Obligations
Philippine Supreme Court clarifies when the incontestability period starts after policy reinstatement, and what insurers must prove to deny claims.
Supreme Court: A Signed Check Creates a Presumption of Debt Even Without Written Contract
The Supreme Court rules that a signed, dishonored check is enough to prove an obligation, even without a written contract or delivery receipts.
Execution Pending Appeal: Balancing Justice and Judicial Discretion in Philippine Courts
The Supreme Court clarifies the limits of execution pending appeal and the requirements for claiming injunction bonds in Abenion v. Pilipinas Shell.
Upholding Contractual Obligations: The Duty to Remit Funds in Agency Agreements
When can an agent withhold funds from a principal? The Supreme Court clarifies the limits of an agent's right of retention and the duty to remit.
Checks as Evidence of Personal Liability Despite Corporate Issuance
Supreme Court clarifies when corporate checks can establish personal liability of a corporate officer who signs them.
LOLANE vs ORLANE: When Trademark Similarity Does Not Mean Confusion
The Supreme Court explains when two trademarks are too similar, and when they are not, in this Philippine trademark case.
Corporate Residence for Insolvency Cases: Actual Office Location Prevails
The Supreme Court clarifies that for insolvency venue, a corporation's actual principal office, not its Articles of Incorporation, determines residence.
Breach of Trust Rape by a Relative and the Upholding of Victim Testimony
The Supreme Court affirms the conviction of an uncle for qualified rape, explaining why a victim's credible testimony and fear can overcome defenses of alibi and denial.
Filing Money Claims Against Government: Lessons from a Dismissed Flood Damage Case
The Supreme Court affirms COA's denial of P122-million flood damage claims against DPWH, citing prescription, laches, and the state's immunity from suit.
Corporate Representation: The Necessity of Board Resolutions in Legal Actions
Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.
Independent Contractor vs Labor-Only Contractor: Who Is the True Employer in Philippine Law?
The Supreme Court clarifies when a manpower agency is a true independent contractor and when a principal becomes liable as employer.
Defining the Employer: Supreme Court Clarifies Independent Contractor vs Labor-Only Contracting
Supreme Court clarifies when a manpower agency is a true independent contractor and when the principal becomes the real employer.
When a Corporation Sues Without Board Authority: The Real Party-in-Interest Rule
A corporation can only sue through its board of directors. The Supreme Court explains why an unauthorized complaint gets dismissed.
Trust Receipt Violations and Preliminary Attachment: Safeguarding Creditor Rights
Supreme Court clarifies when trust receipt violations justify preliminary attachment, protecting creditors from fraudulent debtors.
Beyond Words: The Limits of Free Speech in Workplace Dismissal Cases
When does an employee's insulting remark justify dismissal? The Supreme Court clarifies the line between serious misconduct and a momentary lapse.