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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 11617–11640 of 25,392 articles

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.

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.

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.

Separation of Powers: Court Upholds Its Authority Over Sequestered SMC Shares

The Supreme Court reaffirms the separation of powers doctrine in denying reconsideration of its ruling allowing the conversion of sequestered SMC shares.

Safeguarding Elections: Upholding Comelec’s Discretion in Automated Election System Implementation

The Supreme Court affirms Comelec’s discretion in awarding the 2010 automated election project, rejecting speculative challenges to the PCOS system.

Supreme Court Nullifies Dinagat Islands Creation: Land Area and Population Rules Under the Local Government Co

The Supreme Court struck down R.A. 9355 creating Dinagat Islands for failing the Local Government Code's land area and population requirements.

When Notice to Counsel Binds the Client: Due Process in Philippine Administrative Law

A Supreme Court ruling explains why notice to a deputized counsel binds the government client, and what this means for due process and finality of judgments.

GSIS Contributions: Can Dismissed Government Employees Recover Their Personal Shares?

Philippine Supreme Court ruling on whether dismissed government employees can recover personal GSIS contributions and premiums.

Entrapment vs Instigation: Defining the Boundaries in Drug Sale Convictions

The Supreme Court clarifies the distinction between valid entrapment and unlawful instigation in drug cases, affirming a buy-bust conviction.

Burden of Proof in Conspiracy: Protecting Employees from Unjust Dismissal

When employers claim conspiracy to justify dismissal, the Supreme Court requires clear and convincing evidence, not mere assumptions. Learn from Sargasso v. NLRC.

Mortgage Foreclosure: Why a Bank Can Foreclose Despite Loan Transfer Doubts

Supreme Court ruling on when a bank may foreclose mortgaged property even if the borrower questions the assignment of loan receivables.

VAT Refund Denied for Failure to Print "Zero-Rated" on Invoices

Philippine Supreme Court rules that failure to print "zero-rated" on sales invoices bars VAT refund claims, even for exporters.

Work Related Illness Proving Increased Risk FOR Compensation Claims

Re-Computation of Monetary Awards in Illegal Dismissal Cases: Ensuring Complete Relief

The Supreme Court clarifies that monetary awards in illegal dismissal cases may be recomputed up to finality of judgment, ensuring full relief.

VAT Refund Eligibility Excess Creditable VAT Withheld MAY BE Refunded AS Erroneously Collected TAX

Insubordination and Due Process: Understanding Employee Rights in Disciplinary Actions

The Supreme Court clarifies when a suspension order is valid, what due process requires, and when defiance justifies dismissal under Philippine law.

Deceptive Recruitment Estafa Conviction Affirmed for False Promise of Overseas Employment

Supreme Court affirms estafa conviction of an unlicensed recruiter who falsely promised overseas employment and collected fees from victims.

Docket Fees and Estoppel in Lease Termination: Metrobank v. Perez

Supreme Court clarifies when late payment of docket fees is allowed and when a party is barred from raising jurisdiction.

Piercing the Form: How Allegations Determine Parties in HLURB Disputes

The Supreme Court clarifies that allegations in a complaint, not its title, determine who are parties to an HLURB case.

Estafa and the Essence of Deceit: Delgado v. People Explained

The Supreme Court affirms that false pretenses, not ownership of funds, define estafa under Article 315 of the Revised Penal Code.

Custody Agreements Contrary to Child's Best Interests Are Void

Philippine Supreme Court ruling on joint custody agreements for children under seven and the best interests standard.

Prior Physical Possession Prevails: Understanding Forcible Entry in Philippine Law

Philippine Supreme Court clarifies forcible entry rules: prior physical possession, not ownership, determines who stays on the property until lawful ejectment.

When Lawyers' Lives Lack Integrity: Disbarment for Gross Immorality and Multiple Marriages

The Supreme Court disbarred two lawyers for gross immorality involving bigamous marriages and illicit affairs, reaffirming that good moral character is a continuing requirement for lawyers.

Adverse Claim vs Execution Sale: Protecting Prior Registered Rights Over Land

The Supreme Court ruled that a levy on execution is subordinate to valid encumbrances already annotated on the title, and that an adverse claim gives constructive notice to all.