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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 6529–6552 of 25,386 articles

Reinstatement vs Separation Pay: Clarifying Rights in Termination Disputes

The Supreme Court clarifies when separation pay is proper in termination disputes, and when reinstatement—not cash—is the correct remedy.

Eminent Domain and Execution Pending Appeal: Safeguarding Government Funds

Supreme Court rules discretionary execution pending appeal does not apply to eminent domain proceedings, protecting government funds from garnishment.

Res Judicata Prevails Final Judgments Must Be Respected

The Supreme Court reaffirms that final judgments bind parties, and forum shopping undermines the orderly administration of justice.

Priority of Interest Payments in Foreclosure: When Debt Settlement Falls Short

Learn how the Supreme Court applies Article 1253 in foreclosure cases—payments first cover interest and penalties before principal.

Unlawful Arrest Nullifies Drug Possession Conviction Safeguarding Constitutional Rights IN Police Searches

Supreme Court acquits drug possession convict after police conducted warrantless arrest and search without immediacy, violating constitutional rights.

Upholding Client Confidentiality: A Lawyer's Duty in Conflicting Interests

When a lawyer takes on a case against a former client over a deal he oversaw, the Supreme Court says it is a conflict of interest.

Lease Default and Lessor Rights: Reading Contract Clauses Literally

Philippine Supreme Court ruling on lessor rights upon lessee default, contract interpretation, and enforcement of claims against a deceased lessee's estate.

Due Process in Administrative Cases: When a Generalized SALN Is Not Dishonesty

The Supreme Court explains when a generalized SALN amounts to dishonesty, and why public officials must first be given a chance to correct their statements.

Ancestral Land Disputes Reasserting Court Jurisdiction Over Indigenous Claims

Philippine Supreme Court clarifies NCIP jurisdiction over ancestral land disputes, reaffirming Lim v. Gamosa and the rule on first-filed cases.

Upholding Judicial Stability: No Interference with Execution of Final Judgments

A losing party cannot file a separate action to stop execution of a final judgment. The proper remedy is before the issuing court.

Protecting the Vulnerable: Statutory Rape and the Presumption of Incapacity in Philippine Law

The Supreme Court affirms that carnal knowledge of a child under 12 is statutory rape, regardless of force or consent.

B.P. 22 Penalties: Supreme Court Tempers Imprisonment for Bouncing Checks

The Supreme Court clarifies that imprisonment for B.P. 22 violations must be proportionate and not excessive, modifying a 51-year sentence.

Circumstantial Evidence and Domestic Violence in Philippine Parricide Cases

How the Supreme Court upheld a parricide conviction based on circumstantial evidence, including prior domestic violence, in People v. Tayao.

Protecting the Accused: The Limits of Unpleaded Allegations in Rape Cases

The Supreme Court clarifies that convictions for statutory rape rest on age and carnal knowledge, not on unpleaded details like force or location.

Contractual Obligations Enforcing Clean Title Delivery Despite Third Party Claims

Solidary Liability in Subdivision Sales: AFP Retirement System v. Sanvictores

Supreme Court holds co-sellers jointly liable under Contract to Sell, explaining solidary obligations and apparent authority under Philippine law.

SALN Misdeclaration and the Good Faith Defense in Administrative Cases

When does a flawed SALN become dishonesty? The Supreme Court clarifies the good faith defense for public officials.

Circumstantial Evidence and Parricide: Proving Guilt Beyond Reasonable Doubt

How circumstantial evidence can convict a husband of parricide when no eyewitness exists, explained through a Philippine Supreme Court ruling.

The 20-Lender Rule and Deposit Substitutes in Philippine Bonds Explained

The Supreme Court clarifies the 20-lender rule for deposit substitutes and the 20% final withholding tax on government bonds.

Electoral Protests and Mootness: When Expiration of Term Limits Ends the Case

The Supreme Court explains why an electoral protest becomes moot when the contested term expires, using the Roxas v. Binay case as an example.

Possession Disputes When Foreclosure Sales Meet Adverse Claims

When can a third-party possessor block a writ of possession after foreclosure? The Supreme Court clarifies the rules in Hernandez v. Ocampo.

Bouncing Back Acquittal in BP 22 Cases Hinges on Proof of Notice of Dishonor

Supreme Court acquits BP 22 accused where prosecution failed to prove written notice of dishonor was received by the drawer.

Estafa Acquittal and Civil Liability: Distinguishing Ex Delicto From Ex Contractu

When an estafa acquittal rests on a contract, civil liability ex delicto cannot be awarded; the creditor must file a separate civil action.

THE Testimony OF A Child Witness IN Rape With Homicide Cases Assessing Credibility AND Impact