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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 7057–7080 of 25,386 articles

Disbarment for Forgery and Misrepresentation in Marriage Nullity Case

Supreme Court disbars lawyer who filed nullity petition without client's consent, forged signature, and misrepresented herself as counsel.

Lawyer Suspended for Dishonoring Obligations and Issuing Bouncing Checks

Supreme Court suspends lawyer for two years for issuing worthless checks and evading debts, violating the Code of Professional Responsibility.

Breach OF Duty Disbarment FOR Unauthorized Notarization AND Violation OF Lawyers Oath

When Lawyers Issue Bouncing Checks: Good Faith Is No Defense in Disciplinary Cases

The Supreme Court suspends a lawyer for two years for issuing worthless checks, clarifying that good faith is not a defense in disciplinary proceedings.

Due Process in Administrative Cases: When Undisclosed Evidence Voids a Dismissal

The Supreme Court reinstates a PDEA agent dismissed for grave misconduct, ruling that decisions must rest on evidence disclosed to the accused.

Possession of Drug Paraphernalia: Warrantless Arrests and Chain of Custody Explained

The Supreme Court clarifies when warrantless arrests are valid and how chain of custody rules apply in drug paraphernalia cases under RA 9165.

Union Officers' Failure to Act on Member's Appeal Is Unfair Labor Practice

Supreme Court rules union officers who ignore a member's appeal commit unfair labor practice violating the right to self-organization.

When Courts Lack Jurisdiction: Unlawful Detainer and the Limits of Mandamus in Local Governance

Understand when a case is unlawful detainer vs. accion publiciana, and why jurisdictional errors void court decisions.

Union Members' Right to Due Process in Suspension and Expulsion Cases

Supreme Court rules union officers liable for unfair labor practices when they ignore members' appeals from suspension and expulsion.

Easement of Right of Way: Balancing Dominant Needs and Servient Rights

Philippine Supreme Court clarifies when a right of way may be denied, favoring least prejudice to the servient estate over shortest distance.

When Silence Isnt Golden: The High Cost of Jumping Bail in Philippine Drug Cases

Learn how failing to contest an arrest early can doom a drug case defense, as shown in Saraum v. People.

Judgment on the Pleadings: When Admissions in an Answer Bind a Party

Philippine Supreme Court clarifies when admissions in an answer justify judgment on the pleadings, and why courts cannot look outside the pleadings.

Illegal Recruitment: When Promising Overseas Jobs Without a License Becomes a Crime

The Supreme Court clarifies when promising overseas employment without a license constitutes illegal recruitment in large scale under Philippine law.

Golf Courses and Amusement Tax: When Local Tax Power Exceeds Its Boundaries

The Supreme Court nullifies Cebu City's amusement tax on golf courses, ruling it exceeds the Local Government Code's grant of taxing authority.

Execution Pending Appeal: Moral Damages and Attorney's Fees Excluded

Supreme Court rules moral damages, exemplary damages, and attorney's fees cannot be included in execution pending appeal. Learn the rules.

Untimely Tax Refund Claims: The Mandatory 120+30 Day Rule

Why filing a VAT refund case before the 120-day period expires can cost a taxpayer everything, even a valid claim.

Landowner Retention Rights: When Selling Land Does Not Waive the Five-Hectare Limit

The Supreme Court clarifies when a landowner's sale of agricultural land does not waive the right to retain five hectares under agrarian reform.

Trademark Law Dominancy Test Prevails in Papa Brand Dispute

Supreme Court applies dominancy test in trademark confusion case between Papa and Papa Boy & Device marks.

Derivative Suits vs Individual Stockholder Claims: Florete v. Florete

Philippine Supreme Court clarifies when stockholders must file derivative suits rather than individual actions for corporate wrongs.

Sabbatical Denials and Due Process: Balancing University Autonomy and Employee Rights

The Supreme Court clarifies when a university's denial of sabbatical leave and withholding of salaries constitutes bad faith, and when it does not.

Tax Sales and Due Process: Protecting Property Rights in the Philippines

Philippine Supreme Court ruling on tax sales, due process, and property rights protection for landowners and buyers.

Premature Filing Bars Seafarers Disability Claim: POEA-SEC 240-Day Rule Explained

Filing a disability claim before the company doctor issues an assessment within 240 days can be fatal. Learn from this Supreme Court ruling.

Sabbatical Leave and Abuse of Rights: Understanding Employer Discretion in the Philippines

Philippine Supreme Court clarifies that sabbatical leave is a privilege, not a right, and explains when employer discretion amounts to abuse of rights.

The People's Choice Prevails: Upholding Electoral Will Over Procedural Technicalities in Candidate Substitutio

Supreme Court rules that a deceased candidate's substitute cannot be disqualified on technical grounds after the electorate has spoken.