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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 8881–8904 of 25,388 articles

Positive Identification Over Alibi: Proving Guilt Beyond Reasonable Doubt in Murder Cases

Learn how positive identification by an eyewitness outweighs alibi and denial, establishing guilt beyond reasonable doubt in Philippine murder cases.

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

The Supreme Court clarifies that VAT refund claims must follow the 120+30 day rule under (D) of the NIRC, with limited exceptions.

Navigating VAT Refund Timelines: The Mandatory 120-30 Day Rule and Equitable Exceptions

Understand the mandatory 120+30 day rule for VAT refund claims in the Philippines, its jurisdictional nature, and the equitable exceptions recognized by the Supreme Court.

Trademark Infringement Search Warrants: Probable Cause in IP Cases Explained

Supreme Court clarifies the standard of probable cause for search warrants in trademark infringement and unfair competition cases under the IP Code.

Attorney Accountability: Honesty in Legal Practice and Notarial Duties

A Supreme Court ruling holds a lawyer liable for notarial law violations and falsehood, underscoring the personal accountability of notaries and the duty of honesty.

Incidental Fraud Damages FOR Exclusion From Corporate Management

Explaining the Supreme Court's ruling in Tankeh v. DBP on incidental fraud, damages, and exclusion from corporate management.

Quasi-Delict Liability in Vehicular Accidents: What the Supreme Court Ruling Means

A recent Supreme Court ruling clarifies negligence, vicarious liability, and insurer subrogation in Philippine vehicular accident claims.

Judge Dismissed and Suspended From Law Practice for Gross Immorality in Extramarital Affair

Supreme Court dismisses a judge and suspends him from law practice for gross immorality arising from an extramarital affair and child born outside marriage.

Beyond Deadlines: The COMELEC's Power to Ensure Fair Plebiscites Despite Statutory Timelines

When a plebiscite deadline becomes impossible to meet, can the COMELEC reset the date? The Supreme Court says yes, in a ruling that prioritizes the people's right to vote.

When Self-Defense Becomes Retaliation: Lessons from a Parricide Conviction

A son killed his father after disarming him. The Supreme Court explains why self-defense failed and became retaliation.

Cessation of Aggression Imperative for Valid Self-Defense Claims in Parricide Cases

Philippine Supreme Court ruling clarifies that self-defense fails once unlawful aggression ceases, as in this parricide conviction.

When Performance Goals Lead to Disputes: Constructive Dismissal in the Philippines

The Supreme Court clarifies when unmet performance targets amount to constructive dismissal, explaining the employee's burden of proof.

Proving Land Is Alienable and Disposable: Lessons from Republic v. Tensuan

A CENRO certification alone cannot prove land is alienable and disposable. Learn the evidentiary rules from Republic v. Tensuan.

Parental Authority vs Incestuous Rape: Moral Ascendancy and Victim Testimony in Philippine Law

Philippine Supreme Court ruling on incestuous rape, moral ascendancy, and the weight of a victim's credible testimony in criminal cases.

Corporate Officer Liability in Migrant Worker Claims: The Gagui Ruling

Explaining when corporate officers of recruitment agencies can be held solidarily liable for money claims under the Migrant Workers Act.

Accountability for Kidnapping: Conspiracy, Evidence, and Victim Restitution

A look at how Philippine courts establish conspiracy in kidnapping cases and ensure victims receive full restitution.

Perfecting Land Titles Strict Requirements FOR Registration Under Philippine LAW

Tenant Rights Under Scrutiny: Consent and Proof in Agricultural Land Disputes

The Supreme Court clarifies that occupation and cultivation alone do not create a tenancy relationship, requiring proof of landowner consent and harvest sharing.

Cultivation vs Tenancy: Consent and Harvest Sharing in Agricultural Land Redemption

Philippine Supreme Court clarifies that mere cultivation does not create tenancy; landowner consent and harvest sharing must be proven for redemption rights.

Illegal Delivery vs Illegal Possession: Key Distinctions in Drug Cases

Philippine Supreme Court clarifies the difference between illegal delivery and illegal possession of dangerous drugs under RA 9165.

Abuse of Rights Damages Awarded for Bad Faith Demand Letter to Employee's Company

Supreme Court affirms damages against employer for bad faith demand letter accusing employee of theft despite receipt.

When Loan Agreements Clash: Mutuality, Rescission, and the Limits of Bank Discretion

A Supreme Court ruling on when a bank's refusal to release loan proceeds amounts to a slight breach, not grounds for rescission.

Clerks of Court Who Fail to Remit Funds Promptly Face Severe Penalties

Supreme Court clarifies that clerks of court who delay remitting court funds or incur shortages face suspension and other severe administrative penalties.

Preliminary Injunctions and Ombudsman Decisions: The Gabuya Case on Due Process

The Supreme Court clarifies when preliminary injunctions may stop Ombudsman dismissal orders and the consequences of forum shopping.