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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 10033–10056 of 25,389 articles

Treasury Bill Trading Roles: When a "Conduit" Is Really a Principal

Philippine Supreme Court clarifies when a treasury bill trader acts as principal, not conduit, and when set-off applies.

Refusal to Obey and Dismissal: Lessons from Realda v. New Age Graphics

When can an employer fire a worker for refusing overtime? The Realda case explains just cause, due process, and nominal damages.

Quorum Quandaries: When Does a Presiding Officer Count in Local Governance

The Supreme Court clarifies when a vice-mayor counts for quorum in local sanggunian sessions under the Local Government Code.

Attorney Disbarment in the Philippines: When Client Trust Is Betrayed

The Supreme Court disbarred a lawyer who mortgaged and sold a client's property using a forged power of attorney, underscoring the high ethical standards required of Philippine attorneys.

Establishing Domicile Intent AND Actions FOR Philippine Elections

The Supreme Court clarifies how reinstated Filipino citizens can prove domicile and residency for election candidacy, using Jalosjos v. COMELEC.

The Limits of Judicial Review: Safeguarding Congressional Authority in Budget Allocations

A 2012 Supreme Court ruling on PDAF shows how courts respect congressional budget power and the limits of taxpayer suits.

When a Judge's Side Business Crosses the Line: Lessons from Luarca v. Molato

The Supreme Court clarifies when a judge's involvement in a spouse's business becomes an administrative offense, and what judges must avoid.

Authority to Sue: Why Corporate Resolutions Matter in Forum Shopping Certifications

The Supreme Court explains why a corporation's complaint can be dismissed when the certification against forum shopping lacks proof of board authority.

Cockfighting Operations License As A Privilege And The Absence Of A Cause Of Action

License to operate a cockpit is a mere privilege, not a property right. No cause of action exists without a legal right.

Upholding Corporate Rights When a Mortgage Is Made Without Board Authority

A corporation can annul a mortgage executed by officers without board authority. The Supreme Court clarifies the rules on derivative suits and amendments.

Government Funds and Legal Claims: Understanding COA's Jurisdiction Over UP

Supreme Court clarifies that money claims against UP must first be filed with the Commission on Audit before execution can proceed.

Surety's Liability Under Performance Bonds: Philippine Charter Insurance v. Petroleum Distributors

When a performance bond covers a building contract, a surety's liability includes liquidated damages. This case explains the rules.

Death Abates Criminal and Civil Liability: Understanding Extinguishment of Penalties in Philippine Law

When an accused dies pending appeal, both criminal liability and civil liability ex delicto are extinguished under Article 89 of the Revised Penal Code.

Eminent Domain: Public Use Prevails Over Private Business Interests in Expropriation

Supreme Court nullifies RTC orders denying expropriation of private lots for state university, reaffirming eminent domain for public use with just compensation.

Frequent Unauthorized Absences: Court Clerk Suspended for Six Months

A court clerk's repeated absences without leave led to a six-month suspension, clarifying the strict rules on leave and attendance for government employees.

When Dismissal of the Main Case Kills Injunctions and Triggers Forum Shopping

A preliminary injunction dies with the main case. Filing similar suits in different courts is forum shopping.

Chain of Custody Is Key: How Mishandling Evidence Can Overturn Drug Convictions in the Philippines

The Supreme Court acquits a drug suspect because police broke the chain of custody. Learn the rules under Section 21 of RA 9165.

Control Test Decides Employer-Employee Relationship in Philippine Labor Law

Philippine Supreme Court ruling on Charlie Jao v. BCC Products Sales Inc. explains the control test and four elements determining employer-employee relationship.

Supreme Court Clarifies Control Test in Proving Employer-Employee Relationship

The Supreme Court affirms that control over an employee's conduct is the decisive test in determining employer-employee relationships in labor disputes.

Project vs Regular Employment: Security of Tenure in Construction After 31 Years of Service

Supreme Court rules repeated rehiring in construction projects can convert project employment into regular employment with security of tenure.

Protecting Land Rights Clarifying Alienation and Free Patents Under the Public Land Act

Supreme Court clarifies when free patent land can be alienated, distinguishing true transfers from mere corrections of title errors.

Exhaustion of Administrative Remedies: HLURB Primary Jurisdiction in Land Use Disputes

Philippine Supreme Court clarifies that land use permit disputes must first be filed with HLURB before courts can intervene.

Seafarer Disability Claims: The 240-Day Rule and Company-Designated Physicians

Philippine Supreme Court clarifies the 240-day rule on seafarer disability claims and the binding weight of company-designated physician assessments.

Company Doctor's Assessment Prevails in Seafarer Disability Claims: Ison v. Crewserve

SC rules company-designated physician's fit-to-work assessment prevails over belated, unsupported certifications from seafarer's own doctors in disability claims.