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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 5473–5496 of 25,385 articles

Moral Ascendancy as Intimidation: Stepfather's Abuse of Authority in Rape Cases

Stepfather's moral ascendancy can substitute for force or intimidation in rape, explains the Supreme Court in People v. Austria.

Bribery and Judicial Misconduct: Supreme Court Disbars Judge for Direct Bribery

The Supreme Court disbarred a judge convicted of direct bribery, affirming that corruption in the judiciary warrants the ultimate penalty.

Reliance on Subordinates: When Public Officials Avoid Liability for Disallowed Funds

The Supreme Court clarifies when a public official can invoke the Arias doctrine to avoid personal liability for disallowed government funds.

Lawyer Suspended for Two Years Over Falsified Deed Involving Deceased Landowner

Supreme Court suspends lawyer for two years for benefiting from a falsified deed of sale involving a property owner who had already died.

Attorney Disbarred for Gross Misconduct and Willful Disobedience to Court Orders

A lawyer's unauthorized use of a client's property for bail bonds, plus defiance of court orders, leads to disbarment.

Dismissal for Dishonesty and Grave Misconduct: Clerk of Court's Breach of Trust Over Court Funds

A clerk of court who failed to deposit court collections daily was dismissed for dishonesty and grave misconduct, even after full restitution.

Bail and Plunder: Examining the Strength of Evidence for Provisional Liberty

The Supreme Court upholds denial of bail in plunder case, explaining the standard of "strong evidence" and the limits of certiorari review.

Judicial Misconduct When Ex Parte Orders Exceed Legal Boundaries

The Supreme Court held a judge liable for gross ignorance of the law for issuing an ex parte TPO that improperly awarded child custody.

Attorney Suspended for Neglect of Duty and Failure to Provide Diligent Service

A lawyer who repeatedly failed to appear in court hearings was suspended for one year and ordered to return fees.

Presumption of Regularity Shields Prosecutors From Baseless Bias Claims

Supreme Court clarifies that prosecutors enjoy presumption of regularity in performing duties, dismissing baseless administrative bias complaint.

The Three-Day Notice Rule: Ensuring Due Process in Motion Hearings

The Supreme Court clarifies the mandatory three-day notice rule for motions and why personal service is preferred in Philippine procedure.

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Employment

When a company-designated physician fails to issue a final disability assessment within 120 or 240 days, a seafarer is deemed totally and permanently disabled.

Sheriff's Suspension for Handling Litigant's Money: A Lesson in Judicial Integrity

A sheriff's attempt to pass a litigant's P7,500 to a prosecutor was grave misconduct. The Court explains why court personnel must never handle litigants' money.

Finality of Court Orders and the 3-Day Notice Rule: Ti v. Diño

The Supreme Court clarifies that defective motions do not toll the appeal period, and personal service is mandatory when practicable.

Reconstitution of Lost Title: Supreme Court Clarifies Rules on Lost Certificates of Title

The Supreme Court reinstates a trial court ruling on reconstituting a lost title, clarifying the rules on evidence and documentation.

VAT Refund for Tourists Upheld: Why the Supreme Court Found No Equal Protection Violation

The Supreme Court upheld the VAT refund law for foreign tourists, ruling it does not violate equal protection and uniform taxation.

Voluntary Appearance and Proper Service of Summons in Philippine Courts

Learn when a defendant's voluntary appearance cures defective summons and why improper service alone does not warrant dismissal.

Upholding Notarized Deeds: Supreme Court on Authenticity and Forgery in Property Sales

The Supreme Court affirms that notarized deeds enjoy a presumption of authenticity, and forgery claims require clear and convincing evidence to overturn them.

When an Employer Fails to Provide Work: Constructive Dismissal in the Philippines

The Supreme Court explains when an employer's failure to give work assignments amounts to illegal constructive dismissal, and what workers must prove.

Belated Evidence and Land Title Registration: Substantial Justice Prevails

Explore how the Supreme Court balances procedural rules with substantial justice in land title registration cases, ensuring fairness prevails.

Robbery with Rape: Proving Intent and Credibility of Victim Testimony

The Supreme Court affirms a robbery with rape conviction, explaining how intent to rob and credible victim testimony establish guilt.

Injunction Relief in Property Disputes: Establishing Clear Rights and Irreparable Harm

The Supreme Court clarifies when courts may grant preliminary injunctions in property disputes, requiring actual existing rights and urgent necessity.

Unlawful Detainer: Tolerance vs. Right of Possession in Property Disputes

Philippine Supreme Court clarifies that in unlawful detainer cases, mere tolerance by the owner establishes possession, and ownership issues cannot be collaterally attacked.

Redundancy Programs Ensuring Fairness IN Employee Selection

The Supreme Court rules that a redundancy program must use fair criteria in selecting employees to dismiss, not just general business logic.