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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 721–744 of 3,439 articles for “ces”

Project Employees vs Regular Employees: When Contracts Determine Labor Status

Supreme Court clarifies when project-based employees remain project employees despite repeated rehiring and performing tasks necessary to business.

Speedy Disposition of Cases: Balancing Delay and Due Process in Philippine Law

The Supreme Court clarifies the balancing test for inordinate delay in preliminary investigations, affirming that prosecutors must justify delays.

BIR Assessments Without a Letter of Authority Are Void for Lack of Due Process

Philippine Supreme Court voids BIR deficiency assessments issued without a Letter of Authority, and clarifies HMO gross receipts for VAT.

Protecting Conjugal Property DUE Process IN Summons AND Third Party Claims

Reasonable Doubt Prevails Acquittal IN Rape Case Hinges ON Consensual Circumstances

When a Father's Denial Fails: Qualified Rape and Damages in People v. Mendoza

Supreme Court affirms qualified rape conviction of a father, clarifies force need not be proven in incestuous rape, and increases damages.

When a Forged Sale Is Void: Reimbursement, Accession, and Heirs' Liability

The Supreme Court clarifies what happens when a forged deed of sale is voided, including heirs' liability, refunds, and the rules on buildings built in bad faith.

Dismissal With Just Cause Still Requires Procedural Due Process: Ortiz v. DHL

A valid dismissal needs both substantive and procedural due process. Learn the twin notice and hearing rules from Ortiz v. DHL.

Unlawful Detainer When Initial Objection Voids A Claim OF Tolerance

Supreme Court ruling on unlawful detainer, lease renewal options, and binding successors-in-interest in property law.

Successor Government Agencies Bound by Prior Lease Agreements: Key Lessons from PMO v. PIC

When a government agency takes over another's assets, it also inherits lease obligations. The Supreme Court explains why.

Government Contracts Enforceability AND THE Necessity OF Legal Requirements

A look at when government contracts are binding and why strict legal requirements matter for enforceability in the Philippines.

Self-Defense and Unlawful Aggression: Proving Justifying Circumstances in Philippine Law

The Supreme Court explains what it takes to prove self-defense and defense of relatives under Article 11 of the Revised Penal Code.

When BIR Assessments Become Final: Why Taxpayers Must Act on Unchallenged Notices

Understand why unchallenged BIR assessments become final and executory, and what taxpayers must do to protect their rights.

When a Bank's Deposit of Rent Is Not Valid Consignation: PNB v. Chan

The Supreme Court explains why depositing disputed rent in a savings account is not valid consignation, and the consequences of delay.

Balancing Autonomy and Oversight: Defining Eligibility in the Public Attorney's Office

The Supreme Court clarifies the jurisdiction of the CSC and CESB over third-level positions, ruling on PAO eligibility requirements.

Accountability in the Judiciary: Forfeiture of Benefits for Neglect and Misconduct

Explore the Supreme Court ruling on CESB vs. CSC regarding PAO positions, third-level eligibility, and jurisdictional boundaries in civil service.

Religious Practices in Public Spaces: The Supreme Court's Ruling on Masses in Halls of Justice

The Supreme Court explains when religious activities in government buildings are permissible accommodation, not a violation of Church-State separation.

Chain of Custody Safeguarding Drug Evidence and Ensuring Due Process in Anti-Drug Operations

Philippine Supreme Court acquits drug suspect over broken chain of custody, reinforcing Section 21 RA 9165 safeguards.

Eyewitness Identification and Treachery: Understanding Criminal Liability in Philippine Homicide Cases

A Supreme Court ruling explains when eyewitness identification suffices and why treachery must be proven, not presumed, in Philippine criminal cases.

Pre-Trial Appearances and Summary Judgment Motions: Pascual v. First Consolidated Rural Bank

Explaining when summary judgment motions can be filed, and why skipping pre-trial remains fatal even with a pending motion.

Procedural Due Process in Termination: Proper Notice When a Business Closes

The Supreme Court rules that paying salaries cannot replace the one-month written notice required before business closure terminates employees.

Corporate Representation: The Necessity of Board Resolutions in Legal Actions

Philippine Supreme Court clarifies when corporate officers need board resolutions to file or defend legal actions, and the limits of derivative suits.

Unconscionable Interest: The Limits of Contractual Freedom in Philippine Loans

Philippine courts can strike down unconscionable interest rates in loan agreements. Learn the rules on excessive interest and how borrowers are protected.

Maintaining the Status Quo: Upholding Preliminary Injunctions in Property Disputes

Learn when courts uphold preliminary injunctions in property disputes and why challenging final judgments through annulment of court processes fails.