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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 6217–6240 of 25,386 articles

Preterition of Compulsory Heirs: When a Will Can Be Set Aside Despite Probate

The Supreme Court clarifies when preterition of compulsory heirs voids a will's institution of heirs and when legacies remain valid.

Attorney Disbarred for Neglect and Misrepresentation in LANECO Case Faces Contempt and Execution

Supreme Court denies lawyer's bid to reopen final disbarment case, cites him for contempt and orders execution to enforce return of PHP 4.1 million.

Upholding Ethical Standards Consequences FOR Notarial Negligence AND Falsification OF Documents

Res Ipsa Loquitur in Bus Accidents: When Negligence Is Implied Under Philippine Law

The Supreme Court applies res ipsa loquitur in a bus-motorcycle collision, explaining when negligence is presumed and employers are liable.

Treaty Obligations vs Domestic Law: Enforceability of UN Human Rights Committee Views in Philippine Courts

The Supreme Court rules that UN Human Rights Committee views are recommendatory, not enforceable through mandamus in Philippine courts.

Moral Ascendancy in Incestuous Rape: Upholding Protection for Child Victims

The Supreme Court affirms the conviction of a father for qualified rape, explaining how parental moral ascendancy substitutes for force and intimidation.

Eyewitness Testimony and Treachery: Conviction for Murder Upheld by Supreme Court

A look at how positive eyewitness identification and treachery established guilt beyond reasonable doubt in a murder case.

Upholding Child Protection: Parental Discipline vs. Child Abuse Under R.A. 7610

The Supreme Court clarifies the line between parental discipline and child abuse under R.A. 7610 in a case involving a guardian who burned a child with a flat iron.

Agrarian Dispute Definition and Jurisdiction Over CLOA Transfers and Beneficiary Rights

The Supreme Court clarifies when a dispute over CLOA transfers is an agrarian dispute under DARAB jurisdiction.

Breach of Contract and Damages: When Is a Party Entitled to Monetary Relief

The Supreme Court clarifies that a breach of contract does not automatically entitle the injured party to compensatory damages without proof of actual pecuniary loss.

Writ of Possession After Tax Delinquency Sale: No Forum Shopping Certification Required

Supreme Court clarifies that a writ of possession petition after a tax delinquency sale is not an initiatory pleading, so no certification against forum shopping is needed.

Breach of Contract Alone Does Not Justify Compensatory Damages: Pryce Properties v. Octobre

The Supreme Court clarifies when breach of contract warrants compensatory damages versus nominal damages, and when attorney's fees may be recovered.

Seafarers' Death Claims: Proving Work-Related Illness and Causation

SC clarifies what heirs must prove to claim death benefits for seafarers who die of illness after repatriation.

Forum Shopping AND Arbitration Clauses Navigating Jurisdictional Boundaries IN Contract Disputes

Equitable Mortgage Protecting Vulnerable Parties IN Property Transactions

The Supreme Court clarifies when a contract breach warrants damages, and when it does not, in a property dispute.

Tax Evasion and Prescription: The Statute of Limitations in Philippine Tax Law

The Supreme Court clarifies when the three-year prescriptive period for tax assessment applies, and why fraud must be proven to trigger the ten-year rule.

When Counsel's Negligence Costs the Appeal: Lessons from Dimaandal v. Ilagan

A client is bound by counsel's mistakes unless gross negligence deprives them of due process. The Supreme Court explains the rule.

Construction Contracts Default Rules and Unjust Enrichment in Equipment Leases

Philippine Supreme Court clarifies default rules on minimum contract amounts, quantum meruit, and unjust enrichment in construction equipment lease disputes.

Moral Ascendancy as Force in Parental Rape: Erosion of Trust in People v. Mayola

Father convicted of qualified rape: moral ascendancy substitutes for force, delay in reporting does not negate the crime.

Protecting Children: Defining Cruelty Under R.A. 7610

The Supreme Court clarifies what constitutes child cruelty under R.A. 7610, affirming a guardian's conviction for burning a 9-year-old.

Surety’s Liability: The Extent and Limits Under Philippine Law

Understand the scope of a surety’s obligations in the Philippines, including liability limits, defenses, and key legal principles.

Just Compensation When Government Takes Property Before Filing Expropriation

When government takes property years before filing expropriation, just compensation is valued at the time of taking, not at filing.

Land Reclassification as Municipal Park Prevails Over CARP Coverage

Supreme Court rules land zoned as municipal park before CARP is outside agrarian reform coverage, even if later claimed for distribution.

Chain of Custody in Drug Cases: Integrity Over Strict Procedure

The Supreme Court clarifies that minor lapses in drug evidence procedure do not automatically acquit an accused if the evidence's integrity remains intact.