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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 7729–7752 of 25,387 articles

Due Process and Administrative Investigations: The Limits of Certiorari

When can a government official question a show cause order through certiorari? The Supreme Court clarifies the limits of this remedy.

Upholding Ministerial Duty Dismissal OF Disbarment Complaint FOR Good Faith Registration Actions

Supreme Court dismisses disbarment complaints against lawyers and registrars over good faith registration actions, clarifying ministerial duties.

Breach of Marital Vows: Disbarment for Bigamous Marriage Justified

A lawyer who contracts a second marriage while his first remains valid commits gross immorality warranting disbarment, the Supreme Court ruled.

Untimely Appeal: The Finality of HLURB Decisions and Strict Appeal Periods

A Supreme Court ruling underscores that HLURB decisions become final if appeals to the Office of the President are filed late, even by a few days.

Influence Peddling IN THE Legal Profession Upholding Ethical Standards AND Public Trust

Understand when a lawyer's error becomes gross misconduct, and why obeying court orders is a sacred duty.

When Counsels Negligence Risks Conviction Balancing Client Responsibility AND DUE Process

Slippage in Construction Contracts: Government Immunity and Contractor Accountability

Philippine Supreme Court ruling on government immunity in construction contracts and contractor liability for project delays and slippage.

Writ of Possession for Subsequent Purchasers After Foreclosure: Key Rules

Learn when a subsequent buyer of foreclosed property can obtain a writ of possession and the procedural requirements under Philippine law.

When a Sale Is Really a Sale: Conditional Sale vs. Contract to Sell in Ejectment

A deed called "conditional" may still be an absolute sale. The Supreme Court explains when ownership passes, and why the wrong remedy can cost you your case.

Reconstitution of Lost Titles: Supreme Court Clarifies Rules on Owner's Duplicate and ROD Certifications

Supreme Court clarifies when a lost owner's duplicate title and ROD certifications suffice for judicial reconstitution of a transfer certificate of title.

Estate Liability AND Contractual Obligations THE Impact OF Voluntary Appearance

Intoxication and Consent: Examining the Boundaries of Rape in Philippine Law

Supreme Court ruling on when intoxication negates consent in rape cases, explaining the elements of rape and the burden of proof.

Invalid Substituted Service of Summons and Due Process in Philippine Courts

Learn how defective substituted service of summons violates due process and voids judgments, based on Yuk Ling Ong v. Benjamin T. Co.

When Sexual Harassment Claims Against Judges Fail: The Substantial Evidence Standard

The Supreme Court exonerated a judge accused of sexual harassment, clarifying the substantial evidence standard in administrative cases against members of the judiciary.

Ombudsman’s Disciplinary Authority Over Public Officials Affirmed by Supreme Court

The Supreme Court affirms the Ombudsman’s power to directly impose administrative penalties, not just recommend them, on erring public officials.

Expropriation: When Legal Interest and Consequential Damages Are Justified

The Supreme Court clarifies when legal interest and consequential damages apply in expropriation cases, and who pays transfer taxes.

Treachery Unveiled Distinguishing Homicide From Murder IN Sudden Altercations

Compromise Agreements Upholding Due Process and Party Rights in Contractual Disputes

Philippine Supreme Court ruling clarifies due process and party rights in compromise agreements within contractual disputes.

Bouncing Checks AND Broken Promises Establishing Fraud IN Estafa Cases

Law Firms and Conflict of Interest: Upholding Client Loyalty and Confidentiality

The Supreme Court holds law firms liable for conflict of interest when one lawyer takes a case against a former client of the firm.

Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal

The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.

Theft vs. Estafa: When Employee Misappropriation Is Not Estafa (Benabaye Doctrine)

The Supreme Court in Benabaye v. People clarifies when an employee's misappropriation of funds is theft, not estafa, based on possession.

Breach of Trust Dismissal for Clerk of Court's Mismanagement of Funds

Supreme Court dismisses a clerk of court for gross neglect of duty, dishonesty, and grave misconduct over unremitted judiciary funds and unauthorized withdrawals.

Sheriff's Extortion and Neglect of Duty: A Supreme Court Lesson on Court Personnel Integrity

Supreme Court ruling on a sheriff's extortion and neglect of duty, reaffirming that sheriffs must execute writs with diligence and integrity.