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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 11593–11616 of 25,392 articles

Bank Secrecy vs Qualified Theft: Balancing Financial Privacy and Criminal Prosecution

The Supreme Court clarifies when bank deposits remain confidential under R.A. 1405 even in criminal cases, and why evidence must match the charge.

Prior Physical Possession Prevails in Forcible Entry Cases: Lagazo v. Soriano

Philippine Supreme Court clarifies that prior physical possession, not ownership, decides forcible entry cases. Learn the rule from Lagazo v. Soriano.

Employers' Liability for Employee Negligence: Diligence in Selection and Supervision

Philippine Hawk Corp. v. Lee explains when employers are liable for employee negligence and how to prove diligence in selection and supervision.

Ombudsman Cannot Intervene in Appeals of Its Own Decisions: Impartiality in Administrative Cases

The Supreme Court rules the Ombudsman cannot intervene in appeals of its own decisions, preserving impartiality in administrative cases.

Delayed Remittance of Court Funds: When a Clerk of Court Faces Administrative Liability

A clerk of court kept court funds for nearly a year. The Supreme Court explains why delay alone is gross neglect of duty.

Loss of Confidence and Employer Liability: Philippine Hawk v. Tan Lee

Philippine Hawk v. Tan Lee clarifies employer liability for employee negligence, loss of confidence, and damages in quasi-delict cases under Philippine law.

Enforced Disappearance Balancing Evidentiary Standards AND Government Accountability

When the Ombudsman Cannot Intervene in Appeals of Its Own Decisions

The Supreme Court rules the Ombudsman cannot intervene in appeals of its decisions, preserving its role as impartial adjudicator.

Employer Liability for Employee Negligence: Proving Due Diligence in Philippine Law

When can an employer be held liable for an employee's negligence? The Supreme Court explains the due diligence defense in Philippine Hawk v. Lee.

Protecting the Vulnerable: Upholding the Testimony of Child Victims in Statutory Rape Cases

The Supreme Court affirms a statutory rape conviction, detailing how courts assess child victim testimony and award damages.

Treachery in Criminal Law: Ensuring Justice for Victims of Sudden Attacks

The Supreme Court explains when a sudden, unexpected attack qualifies as treachery, raising homicide to murder under Philippine law.

Philippine Taxation of International Air Carriers: Income Tax for Off-Line Operations

Off-line international air carriers selling tickets in the Philippines are subject to 32% income tax, not the 2.5% gross Philippine billings tax.

Upholding Contractual Obligations Denying A Debtors Attempt TO Evade Payment

The Weight of Eyewitness Testimony: Evaluating Credibility in Vehicular Negligence Cases

How Philippine courts weigh eyewitness accounts and evidence in vehicular negligence cases, explained through a recent Supreme Court ruling.

Loss of Confidence as a Valid Ground for Dismissal: When Employers Can Terminate Trusted Employees

The Supreme Court clarifies when loss of confidence justifies dismissing managerial employees, requiring only some basis, not proof beyond reasonable doubt.

Due Diligence in Mortgage Transactions: Protecting Landowners From Fraudulent Transfers

When a bank accepts a mortgaged property with suspicious title transfers, it cannot claim good faith. Learn from this Supreme Court ruling.

Eminent Domain and Just Compensation: Lessons from City of Iloilo v. Javellana

The Supreme Court clarifies when just compensation is reckoned in expropriation cases and penalizes the government for delayed payment.

Affinity Survives Death But Not Falsification: Estafa and Article 332

The Supreme Court rules on whether a son-in-law can invoke the Article 332 exemption from criminal liability for estafa after his wife's death.

Judicial Misconduct: The High Cost of Incorrigible Ignorance in the Philippine Judiciary

A judge's fourth gross ignorance conviction leads to dismissal. Learn the rules judges must follow and why persistence in error is fatal.

Contractual Obligations Survey Requirement Prevails Over Rescission Rights IN Land Sale Agreements

Supreme Court rules survey obligation in land sale contracts prevails over rescission rights, clarifying breach requirements under Philippine law.

In Land Sales, Survey Duty Prevails Over Payment Deadlines

Philippine Supreme Court ruling on when a seller must survey land before demanding payment, and when rescission is improper.

Supreme Court Upholds Judiciary’s Exclusive Power Over Legal Fees, Denies GSIS Exemption

The Supreme Court denies GSIS’s claim of exemption from legal fees, affirming the judiciary’s exclusive rule-making power under the Constitution.

Voluntary Submission to Jurisdiction: Filing a Motion Without Reservation Waives Objections to Improper Servic

Filing any motion seeking affirmative relief without expressly reserving a special appearance waives objections to improper service of summons.

Integrity of Ballots vs Election Returns: Safeguarding the Electoral Process

Explaining Varias v. COMELEC on when ballots may override election returns in Philippine election contests.