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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 10681–10704 of 25,391 articles

IBP Elections: Enforcing Rotation and Upholding Ethical Conduct in Bar Governance

The Supreme Court settles the 2009 IBP leadership crisis, affirming mandatory rotation rules and penalizing grave misconduct by bar officers.

Dishonesty and Falsification in Public Service: A Clerk of Court’s Dismissal

The Supreme Court dismissed a clerk of court for dishonesty and falsifying her Personal Data Sheet, underscoring integrity standards in the judiciary.

Employee Misconduct and Breach of Trust: When Can You Be Dismissed?

The Supreme Court explains when an employee's side activities constitute serious misconduct and breach of trust justifying dismissal.

Security of Tenure: Understanding Agricultural Tenancy Rights in the Philippines

The Supreme Court clarifies the essential elements of agricultural tenancy and security of tenure in Heirs of Barredo v. Besañes.

Unlawful Search and Seizure: Protecting Your Rights in Drug Cases

When police act on a mere tip without a warrant, the arrest and seizure are illegal, and the evidence cannot be used in court.

When Courts Can Invalidate an Extrajudicial Settlement: The Tayco Case

The Supreme Court explains when a notarized deed of extrajudicial settlement can be voided despite formal requirements being met.

When Death Ends Criminal and Civil Liability: Datu v. People Explained

What happens to a conviction when the accused dies pending appeal? The Supreme Court's ruling in Datu v. People provides the answer.

Bigamy and Nullity: When a Void Marriage Declaration Does Not Erase Criminal Liability

The Supreme Court clarifies that a belated judicial declaration of nullity of a first marriage does not automatically defeat a bigamy charge under Philippine law.

Illegal Recruitment in Large Scale: Key Lessons from a Philippine Supreme Court Ruling

A look at what makes illegal recruitment a crime of economic sabotage, who can be held liable, and the penalties involved.

Unconscionable Interest Rates in the Philippines: When Courts Can Intervene

When can courts strike down excessive interest rates? Learn from Toledo v. Hyden, a Philippine Supreme Court ruling on unconscionable interest.

Psychological Incapacity in Philippine Marriages: What the Supreme Court Requires

The Supreme Court explains what evidence proves psychological incapacity under Article 36 of the Family Code in Agraviador v. Agraviador.

Compromise Agreements: When Can a Court Modify a Final Judgment

Philippine Supreme Court explains when a judgment by compromise can be modified, and why finality usually prevails.

Correcting Errors in Your Birth Certificate: A Guide to Philippine Law

Learn how Philippine law handles corrections to birth certificate entries, including the difference between clerical fixes and substantial changes.

Continuing Security: How Future Debts Can Affect Real Estate Mortgages in the Philippines

The Supreme Court explains how a real estate mortgage can secure future loans, not just the original debt, through continuing guaranty clauses.

Credibility Counts: Upholding Justice for Victims with Disabilities in Rape Cases

The Supreme Court affirms a father's conviction for qualified rape of his 11-year-old daughter, underscoring credibility and medical evidence.

Forum Shopping in the Philippines: How Filing Similar Cases Can Get Your Suit Dismissed

Learn how the Supreme Court defines forum shopping in the Philippines and why filing similar cases can lead to dismissal with prejudice.

Breach of Trust Defining Qualified Rape and Parental Betrayal in Philippine Law

A father's rape of his 11-year-old daughter is qualified rape. The Supreme Court explains the rules on incestuous rape, penalty, and damages.

Due Process in Philippine Tax Assessments: The Critical Role of the Preliminary Assessment Notice

Philippine tax assessments require a Preliminary Assessment Notice; without it, the assessment is void for denying due process.

Rape Conviction of Mentally Disabled Victim: Credibility and Damages Explained

Supreme Court affirms rape conviction based on credible testimony of mentally disabled victim, awards civil, moral, and exemplary damages.

Construction Disputes: Substantial Completion and Liquidated Damages in the Philippines

Philippine Supreme Court clarifies when 95% substantial completion bars liquidated damages in construction disputes under CIAP rules.

Falsification of Public Documents: Presumption of Authorship Explained

Learn how Philippine courts presume authorship of falsified documents and why beneficiaries bear the burden of proof under Article 172.

Custodia Legis and Garnishment: The BSP v. Judge Lanzanas Ruling

Funds in custodia legis cannot be garnished without court approval. The Supreme Court's ruling in BSP v. Judge Lanzanas explains why.

Incomplete Witness Testimony: When Death Before Cross-Examination Makes Evidence Inadmissible

Philippine courts generally strike out a witness's direct testimony if the opposing party never gets to cross-examine. Dela Cruz v. Papa explains why.

Option Contract vs. Right of First Refusal: Key Differences Under Philippine Law

Learn the difference between an option contract and a right of first refusal in Philippine real estate, based on the Supreme Court's ruling in Tuazon v. Del Rosario-Suarez.