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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 6121–6144 of 25,385 articles

Reasonable Doubt Prevails: Acquittal in Carnapping With Homicide Case Due to Insufficient Evidence

Supreme Court acquits accused in carnapping with homicide case, ruling that prosecution evidence failed to prove guilt beyond reasonable doubt.

Retirement Rights for Part-Time Employees: De La Salle Araneta University v. Bernardo

Part-time employees are entitled to retirement pay under RA 7641. The Supreme Court clarifies coverage and prescriptive period rules.

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.

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.

Third Party Claims in Execution: Protecting Property Rights Under Rule 39

Learn how third-party claimants can protect property wrongly levied in execution, and why certiorari is not the right remedy.

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.

Presumption of Work Relatedness Protecting Seafarers' Rights to Disability Benefits

SC ruling clarifies that seafarers' non-listed illnesses enjoy a disputable presumption of work-relatedness, easing their burden of proof.

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.

Valid Service of Summons When a Company's Actions Imply Consent to Court Jurisdiction

A corporation that seeks affirmative relief from a court may be deemed to have voluntarily submitted to its jurisdiction, even if summons was defective.

Pre-Trial Appearances and Summary Judgment Motions: Pascual v. First Consolidated Rural Bank

Explaining when summary judgment motions can be filed, and why skipping pre-trial remains fatal even with a pending motion.

Third-Party Claims in Property Execution: PSALM v. Maunlad Homes Explained

Learn how Philippine law protects third-party property owners from wrongful levy during judgment execution, based on PSALM v. Maunlad Homes.

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.

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.

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.

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.

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.

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.

Notarial Negligence: Lawyers Must Secure Seals and Prevent Unauthorized Use of Notarial Books

A notary's duty extends beyond signing documents—securing seals and books is essential to avoid gross negligence liability.

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.

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.

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.

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.

Upholding Attorney Accountability Neglect OF Duty AND THE Duty TO Inform Clients