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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 7201–7224 of 25,386 articles

Charter Party Agreements: How They Determine Carrier Status in Maritime Law

Philippine Supreme Court ruling on how time charter parties can convert common carriers into private carriers, affecting liability.

Guardian Convicted of Qualified Rape and Acts of Lasciviousness Against Minor

Supreme Court affirms conviction of a guardian for qualified rape of his 11-year-old ward, explaining key rules on statutory rape, delay in reporting, and damages.

Loan Transfers and Corporate Rehabilitation: Clarifying Creditor Rights in Philippine Law

Supreme Court ruling on whether loan sale proceeds deposited with a creditor are covered by a loan transfer during corporate rehabilitation.

Positive Identification and Alibi in Murder Cases: Lessons from People v. Cuesta

The Supreme Court explains when positive identification prevails over alibi and why sudden attacks do not always amount to treachery.

Dismissal of Main Action Dissolves Ancillary Relief: Understanding Provisional Remedies in Philippine Law

When a main case is dismissed, what happens to the preliminary injunction it carried? The Supreme Court explains in United Alloy v. UCPB.

Assignment of Mortgage and BSP’s Foreclosure Authority Hinges on Valid Deed

Philippine Supreme Court clarifies when a bank may foreclose a mortgage assigned to it, requiring a valid deed of assignment.

When an Employer's Right to Discipline Becomes Abuse of Rights: PCIB v. Gomez

The Supreme Court rules on when an employer's disciplinary actions cross the line into abuse of rights, clarifying civil court jurisdiction over damages claims.

Reformation of Contract: Correcting Errors to Reflect True Intent in Real Estate Mortgages

The Supreme Court clarifies when courts may reform a real estate mortgage to reflect the true intent of the parties, not its literal wording.

Illegal Dismissal Requires Both Just Cause and Due Process: Noblado v. Alfonso

The Supreme Court clarifies that dismissal without just cause and due process is illegal, entitling workers to backwages and separation pay.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Navigating Corporate Disputes Ensuring Proper Court Assignment FOR Shareholder Rights

The Supreme Court clarifies that intra-corporate disputes wrongly raffled to a regular RTC branch should be transferred, not dismissed.

Disbarment for Gross Immorality: When a Lawyer’s Private Conduct Ends the Legal Career

The Supreme Court disbars a Court of Appeals clerk for an adulterous affair, reaffirming that lawyers must uphold high moral standards in private life.

Upholding Judicial Accountability: Failure to Decide Cases and Its Consequences for Judges and Court Personnel

A Supreme Court ruling reminds judges and court staff that misconduct and failure to follow lawful directives carry the ultimate administrative penalty.

Breach of Trust Dismissal for Court Employee Accepting Money From Litigants

Supreme Court affirms dismissal of court clerk who accepted money from litigants to process bail bond, ruling it constitutes grave misconduct.

Trademark Infringement Mootness Doctrine and the Dissolution of Preliminary Injunctions

When a final judgment on the merits is rendered, an ancillary preliminary injunction dissolves, rendering appeals on the writ moot.

Discovery Rights in Administrative Proceedings: Balancing Efficiency and Due Process

The Supreme Court clarifies when modes of discovery may be denied in administrative cases, balancing efficiency with due process in PHIC proceedings.

Stare Decisis in Retrenchment Cases: When Prior Rulings Bind Similar Claims

The Supreme Court applies stare decisis to deny reconsideration in a retrenchment case, affirming that identical issues and parties with common interest are bound by prior rulings.

Seafarer Death Benefits: Proving Suicide as a Defense Against Employer Liability

The Supreme Court explains when an employer may escape liability for seafarer death benefits by proving suicide as a willful act.

Loan Payments and Proof: When a Certification Can Tip the Scales in Debt Disputes

A car loan dispute shows how a certification of payment can shift the burden of proof in Philippine debt cases.

Incestuous Rape: Upholding Parental Moral Ascendancy and Protecting Minor Victims

Philippine Supreme Court affirms rape conviction of a father figure, clarifying force, minority as aggravating circumstance, and damages.

Open Spaces and Private Land: What Talayan Village Teaches About Donations and Subdivision Parks

The Supreme Court ruled that a subdivision block used for years as a park remained private land because the donation of it was never accepted by the city government.

The Weight of Testimony in Rape Convictions: Credible Witness Accounts Under Philippine Law

How Philippine courts weigh a rape victim's credible testimony against bare denials, and why medical evidence is not always required for conviction.

Upholding Integrity: Attorney Liability for Altered Notarial Documents

A lawyer who alters a notarized document without proper safeguards faces suspension and loss of notarial commission, as ruled by the Supreme Court.

Corporate Stock Transfers: Why Registration in Corporate Books Is Mandatory

Philippine Supreme Court clarifies that unregistered stock transfers do not confer stockholder rights like voting or calling meetings.