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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 6577–6600 of 25,386 articles

Positive Identification Trumps Alibi in Robbery and Rape Convictions

Supreme Court affirms robbery with rape and robbery convictions, ruling positive identification prevails over alibi and denial defenses.

Treachery IN Murder HOW ITS Defined AND Proven Under Philippine LAW

Rape Conviction Affirmed: Victim Testimony and the Anti-Rape Law in Philippine Courts

Philippine Supreme Court affirms robbery with rape conviction, underscoring the weight of credible victim testimony and the application of anti-rape laws.

Upholding Attorneys Duty Dismissal OF Baseless Disbarment Complaint

The Supreme Court dismissed a baseless disbarment complaint against a lawyer who correctly rejected a claim based on a void Spanish title, and fined the complainant.

Novation Requires Clear Release of Original Debtor: Lessons from Ever Electrical v. PBCOM

When does a new debtor's assumption of a loan release the original borrower? The Supreme Court explains novation rules.

Mandamus and Stock Transfers: Protecting Transferee Rights in Corporate Actions

A transferee of shares can sue for mandamus to compel registration of stock transfer, even before the transfer is recorded.

Amending Pleadings: When Courts Should Grant Leave to File Amended Complaints

Explore when Philippine courts should allow amended pleadings, based on a Supreme Court ruling on a bank foreclosure case.

Bouncing Checks and Due Process: Notice of Dishonor as a Shield Against Liability

The Supreme Court acquits a B.P. 22 accused because the prosecution failed to prove she received the notice of dishonor.

Dividends vs Capital Gains: Taxing Share Redemptions Under the RP-US Treaty

Supreme Court rules on whether share redemption proceeds are dividends or capital gains under Philippine tax law and the RP-US Tax Treaty.

Rape Conviction Requires Clear Proof of Force and Victim's Age in Statutory Rape Cases

Philippine Supreme Court clarifies proof requirements for rape convictions, distinguishing simple rape from statutory rape and affirming credibility standards.

Breach of Trust and Termination: When Is Dismissal Too Harsh in Philippine Labor Law

Philippine Supreme Court clarifies when dismissal for breach of trust is too harsh, and when separation pay may still be awarded.

Sheriff Dismissed for Grave Misconduct in Execution Sale: Lessons for Court Personnel

Supreme Court dismisses sheriff for grave misconduct in auction sale irregularities, reinforcing strict compliance with execution rules.

Eminent Domain and Timely Filing: Protecting Landowner Rights to Just Compensation

The Supreme Court clarifies when landowners may still seek judicial determination of just compensation despite missing the 15-day filing period under agrarian reform laws.

Dishonored Checks and Attorney Discipline: Upholding Ethical Standards in the Legal Profession

The Supreme Court suspends a lawyer for one year for issuing worthless checks, reaffirming strict ethical standards for attorneys.

Reducing Unconscionable Penalties: The Supreme Court’s Stance on Fair Loan Obligations

The Supreme Court clarifies when penalty charges in loan contracts are unconscionable and may be reduced, balancing creditor rights with debtor protection.

Deficiency Claims After Foreclosure: Banks' Rights and Limits on Penalties

Philippine Supreme Court clarifies that banks may collect deficiency after extrajudicial foreclosure, but courts can reduce excessive penalty charges.

Breach of Trust Accountability for Delayed Remittance of Court Funds

Court personnel who delay remitting collected funds face administrative liability, even after full restitution and retirement.

Unconscionable Penalties: Reassessing Loan Obligations in Philippine Law

The Supreme Court clarifies when courts may reduce penalty charges and attorney's fees in deficiency claims after foreclosure.

Notarizing Documents of Deceased Persons: A Lawyer's Notarial Duty and Its Consequences

When a lawyer notarizes documents for parties who are already dead, the Supreme Court imposes severe penalties. Learn the rules.

Proving Foreign Law in Philippine Courts: Divorce Recognition Under Article 26

A Philippine court explains what evidence is needed to prove foreign divorce law under Article 26 of the Family Code.

Treachery and Witness Identification in Murder and Frustrated Murder Cases

The Supreme Court affirms murder and frustrated murder convictions, explaining treachery, witness credibility, and unlicensed firearm aggravating circumstances.

Recognizing Foreign Divorce in the Philippines: Proving the Alien Spouse’s National Law

Philippine courts require proof of both the foreign divorce decree and the alien spouse's national law. Learn the rules from a recent Supreme Court case.

Default Judgment in Philippine Civil Cases: Why Timely Answers and Remedies Matter

Understand when Philippine courts may declare a party in default, the requirements, and the remedies available before a default judgment becomes final.

When Is a Register of Deeds Liable for Falsified Documents?

Supreme Court clarifies when a Register of Deeds may be held liable for registering falsified titles, and when the presumption of regularity protects them.