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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Termination Due to Illness in the Philippines: Balancing Employer Rights and Employee Protection
The Supreme Court clarifies when employers may validly terminate employees due to disease, and the procedural due process required under Philippine labor law.
Rape Conviction Upheld: Child Witness Credibility and the Hymenal Laceration Myth
The Supreme Court affirms a grandfather's qualified rape conviction, holding that an intact hymen does not negate rape and that a child's credible testimony suffices.
Registered Vehicle Owners and Vicarious Liability: Negligence and Damages in Philippine Law
Learn when a registered vehicle owner is liable for a driver's negligence, and which damages Philippine courts may award.
Strict Compliance: The Mandatory Nature of VAT Refund Periods Under the NIRC
The Supreme Court rules that the 120+30 day periods for VAT refund claims are mandatory and jurisdictional, dismissing a belated judicial claim.
Writ of Possession and Third-Party Rights in Extrajudicial Foreclosure Sales
When can a writ of possession be issued despite a third party's possession of foreclosed property? The Supreme Court clarifies the rule.
Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer
A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.
Bidding Rules and Government's Right to Reject: Protecting Public Interest in Privatization
Supreme Court affirms government's right to reject bids in privatization auctions, protecting public interest over bidder expectations.
When a Writ of Possession Is Ministerial: The Sombilon Case on Foreclosure and Lawyers' Purchase Limits
The Supreme Court clarifies when courts must issue writs of possession after foreclosure and whether lawyers may buy property from banks.
Ministerial Duty and Abuse of Authority: Understanding the Writ of Possession and Judicial Misconduct
A Supreme Court ruling clarifies when a writ of possession is ministerial, and when a judge's discretion becomes grave abuse of authority.
Writ of Possession Is Ministerial: Court Limits on Judges' Discretion in Foreclosure Cases
Philippine Supreme Court clarifies writ of possession is ministerial after foreclosure, and judges who delay it face administrative sanctions.
Spousal Support and Retirement Benefits: Protection Orders Under R.A. 9262
The Supreme Court rules that R.A. 9262 protection orders can compel the AFP to withhold retirement benefits for spousal support.
Damaged Goods Liability: Arrastre Negligence and Insurer Subrogation Rights
Explaining when arrastre operators are liable for damaged cargo, how insurers gain subrogation rights, and what evidence suffices in Philippine law.
Treachery Defined: The Element of Surprise in Murder Cases
The Supreme Court explains how sudden, unexpected attacks constitute treachery, qualifying killings as murder under Philippine law.
Writ of Possession as Ministerial Duty: Court Ruling on Judicial Discretion and Liability
Supreme Court clarifies writ of possession is a ministerial duty, and judges who defer it may face administrative liability.
Simple Rape vs Statutory Rape: The Legal Standard for Victims With Mental Retardation
Philippine Supreme Court clarifies that rape of a mental retardate is simple rape under Article 266-A(1)(b), not statutory rape, regardless of mental age.
When Customs Seizure Needs a Warrant: Lessons from Commissioner of Customs v. New Frontier Sugar
The Supreme Court clarifies that even "automatic seizure" of imported goods requires a warrant and due process under the Tariff and Customs Code.
Final Judgments Must Stand: The Doctrine of Immutability and Compromise Agreements
A final judgment on a compromise agreement is immutable. The Supreme Court explains why parties cannot relitigate settled cases.
Security of Tenure vs Employer Prerogative: Lessons from Philippine Spring Water v. Mahilum
A look at how the Supreme Court balanced security of tenure against employer prerogative in a dismissal dispute involving a probationary executive.
Counterclaims Survive Independent Adjudication After Complaint Dismissal
The Supreme Court clarifies that dismissing a complaint does not automatically kill the defendant's counterclaim, which may proceed independently.
Chain of Custody in Drug Cases: When Police Lapses Do Not Mean Acquittal
The Supreme Court explains when lapses in Section 21 procedures still allow conviction, so long as the drug's integrity is preserved.
Judicial Courtesy vs Timely Justice: Resolving Stale Checks and Prolonged Litigation
The Supreme Court clarifies that judicial courtesy is the exception, not the rule, in suspending trial court proceedings.
Contractual Breach Understanding Rescission Rights IN Mining Agreements
Philippine Supreme Court clarifies when a mining operating agreement may be validly rescinded for breach under Article 1191 of the Civil Code.
Litis Pendentia in Lease Disputes: When Two Cases Can Proceed Separately
Explaining the Supreme Court ruling that unlawful detainer and annulment of lease are distinct causes of action, not barred by litis pendentia.
Upholding Ethical Standards Disbarment FOR Attorney Misconduct AND Deceit
Supreme Court clarifies when disciplinary authorities may appeal CSC decisions modifying penalties in administrative cases.