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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Unmasking Behest Loans: Government's Right to Recover Ill-Gotten Wealth Supersedes Prescriptive Timelines
The Supreme Court clarifies that behest loan offenses prescribe only upon discovery, reinforcing the government's power to recover Marcos-era ill-gotten wealth.
Behest Loans and the Ombudsman: Probable Cause, Prescription, and the Romualdez Ruling
The Supreme Court ruled that the Ombudsman gravely abused its discretion in dismissing behest loan charges for lack of probable cause and prescription.
When Is Negligence "Gross and Habitual"? Lessons from Belle Corporation v. Macasusi
The Supreme Court clarifies the standard for dismissing employees for gross negligence and the rules on project versus regular employment in the Philippines.
Burden of Proof in Civil Cases: Preponderance of Evidence Explained
Philippine Supreme Court clarifies the burden of proof in civil cases and why self-serving testimony cannot replace preponderance of evidence.
Defining Confidential Employees: Balancing Labor Rights and Management Prerogatives in Collective Bargaining
Supreme Court ruling on confidential employees in bargaining units and acting capacity pay, balancing labor rights with management prerogatives.
Suretyship and Subcontracting: When Does a Surety Guarantee Performance
Philippine Supreme Court clarifies when a surety's liability arises in subcontracting and why reimbursement claims belong in regular courts.
Certiorari vs Appeal: Choosing the Right Path for Legal Review in the Philippines
Learn when to file a petition for certiorari versus an appeal under Rule 45, explained through a Philippine Supreme Court labor case.
Gross Negligence and Project Employment: Protecting Employee Rights Against Unjust Dismissal
Learn how the Supreme Court defined gross negligence and project employment in Belle Corporation v. Macasusi, protecting employees from unjust dismissal.
Supreme Court Affirms Conviction for Online Psychological Abuse Under RA 9262
The Supreme Court upheld a conviction for psychological abuse committed through a public Facebook post, clarifying how social media authorship is proven and how ICT use raises penalties.
Domicile vs. Residency: Can a Green Card Holder Run for Local Office in the Philippines?
The Supreme Court rules that a green card holder who runs for local office without waiving US permanent residency commits material misrepresentation.
Justice Delayed Justice Denied Judge Fined FOR Prolonged Case Delays Despite Retirement
Supreme Court fines Judge William Layague for decades of case delays and mismanagement, despite his retirement and poor health.
Safeguarding Public Trust: Preventive Suspension and Unexplained Wealth in Public Office
The Supreme Court clarifies when the Ombudsman may preventively suspend public officials facing charges of dishonesty and unexplained wealth.
Sheriffs' Duty to Execute Writs Promptly and the Consequences of Neglect
A sheriff's delay in executing a writ is simple neglect of duty, even if the winning party fails to follow up.
Loan VS Profit Share THE Supreme Courts Stance ON Proving Debt AND Ownership IN Family Businesses
Upholding Diligence in Public Service: Consequences for Neglect of Duty by a Deputy Sheriff
A Supreme Court decision suspends a deputy sheriff for repeated failures to serve court processes, underscoring the strict diligence required of all court personnel.
Extortion in Labor Disputes: Upholding Termination Based on Substantial Evidence
SC ruling on Mitsubishi Motors v. Simon clarifies that substantial evidence, not proof beyond reasonable doubt, suffices to justify dismissal for serious misconduct.
Upholding Consensual Agreements THE Courts Stance ON Compromise Agreements Despite Formal Defects
Local Taxing Powers vs National Policy: Navotas Cannot Tax Petroleum Sales
Supreme Court rules local governments cannot impose business taxes on petroleum products under (h) of the Local Government Code.
Partnership vs Loan: Proving the True Nature of Money Transfers in Family Business Disputes
When is a transfer of funds a loan rather than a share of profits? The Supreme Court clarifies the rules of evidence in family business disputes.
Accommodation Party Liability When Signing a Promissory Note With Assumed Responsibility
When does signing a promissory note as an accommodation party create liability? The Supreme Court explains in Co v. Admiral United Savings Bank.
Piercing the Corporate Veil: When a Corporation's Separate Identity May Be Disregarded
Philippine Supreme Court explains the strict test for piercing the corporate veil and why mere stock ownership is not enough.
Psychological Incapacity in Annulment: Mere Difficulty vs Grave Dysfunction
The Supreme Court clarifies that ordinary marital conflict and immaturity do not amount to psychological incapacity for annulment under Philippine law.
Dacion en Pago and Foreclosure: When a Debt Remains a Debt
A Supreme Court ruling clarifies that an unaccepted dacion en pago does not extinguish a debt, allowing mortgage foreclosure to proceed.
Dismissal of Appeal, Counsel's Negligence, and the Duty to Uphold Procedural Rules
The Supreme Court clarifies when a counsel's negligence may excuse a late appeal and when courts must relax procedural rules.