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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 1225–1248 of 2,057 articles for “sec”

Seafarers Disability Claims: The Binding Authority of Company-Designated Physicians

Learn how Philippine courts weigh company-designated physician assessments against seafarer second opinions in disability claims, and what this means for your case.

Rape Conviction Upheld: Moral Ascendancy and Victim Testimony in Qualified Rape Cases

Supreme Court affirms qualified rape conviction, explaining moral ascendancy, victim credibility, and why date discrepancies do not defeat the prosecution's case.

Regular Employment vs Fixed-Term Contracts: Security of Tenure for Electric Cooperative Linemen

When do fixed-term contracts mask regular employment? The Supreme Court clarifies security of tenure rules for linemen in Agusan del Norte Electric Cooperative v. Cagampang.

Security of Person: The State's Duty to Protect Against Extralegal Killings and Enforced Disappearances

The Manalo ruling defines the constitutional right to security of person and the State's duty to protect citizens from enforced disappearances.

Union Security vs. Employee Rights: Navigating Unfair Labor Practice Claims in the Philippines

A Supreme Court ruling clarifies when an employer's compliance with a union security clause is valid and what constitutes unfair labor practice.

Security of Tenure Prevails: Fixed-Term Contracts Must Not Circumvent Workers’ Rights

The Supreme Court rules that fixed-term contracts cannot be used to circumvent an employee's security of tenure under Philippine labor law.

Chain of Custody Safeguarding Drug Evidence and Ensuring Fair Trials in the Philippines

How the Supreme Court acquitted a drug suspect when police broke Section 21's chain of custody rules, protecting the accused's right to a fair trial.

Security of Tenure and Just Compensation in Agrarian Disputes: Heirs of Tabuena v. Land Bank

The Supreme Court clarifies when landowners are estopped from questioning agrarian land valuation after accepting payment and executing assignment deeds.

Perfecting Appeals: Strict Adherence to Procedural Rules in Filing Extensions

A second motion for reconsideration is a prohibited pleading that does not toll the appeal period. Learn the rules on perfecting appeals.

City Prosecutors Must Represent Local Governments: Urdaneta City Case on Private Counsel Ban

Supreme Court rules city prosecutors must represent local governments in civil cases, barring private counsel in Urdaneta dispute.

Estafa Conviction Overturned: The Critical Role of Notice in Bouncing Check Cases

The Supreme Court acquits Goretti Ong of estafa, ruling that failure to prove notice of dishonor is fatal to a bouncing check prosecution.

Balancing Landlord Rights AND Tenant Security THE Implications OF Ejectment FOR Building Repairs

BP 22 Cases Not Suspended by Corporate Rehabilitation: Tiong Rosario v. Co

Corporate rehabilitation suspends claims against a company, but not criminal prosecution of officers for bouncing checks under BP 22.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Behest Loans and the Ombudsman’s Discretion: Balancing Justice and Due Process in Government Transactions

The Supreme Court upholds the Ombudsman’s dismissal of behest loan charges, reinforcing the principle of non-interference in prosecutorial discretion.

Ejectment and Urban Land Reform: Balancing Security of Tenure with Property Rights

The Supreme Court clarifies when urban land reform protections can stop an ejectment case, and when they cannot.

Consensual Sex With a Minor: Differentiating Child Abuse and Sexual Abuse Under R.A. 7610

The Supreme Court clarifies when consensual sex with a minor is "other sexual abuse" under R.A. 7610, not mere child abuse under Section 10(a).

Forum Shopping and Co-Ownership: Res Judicata Boundaries in Property Disputes

Learn when a second property case is barred by forum shopping or res judicata, and how co-ownership affects party identity under Philippine law.

Compulsory Retirement at 60: When Company Policy Violates Security of Tenure

A company policy forcing retirement at 60 can be illegal dismissal. The Supreme Court explains the difference between voluntary and compulsory retirement.

Eyewitness Testimony and Alibi Defense: Proving Guilt Beyond Reasonable Doubt in Arson Cases

How a credible lone eyewitness can overcome alibi and denial in Philippine arson prosecutions, with practical lessons.

Defining Employer When Family Administration Creates Social Security Obligations

A Supreme Court ruling clarifies when a family member managing a hacienda becomes an "employer" liable for SSS contributions.

Breach of Trust Establishing Estafa in Financial Misappropriation Cases

Explore when breach of trust constitutes estafa under Philippine law, and why agricultural leasehold tenants cannot be prosecuted for it.

Leasehold vs Share Tenancy: Failure to Pay Rent Is Not Estafa Under Agrarian Reform

Supreme Court clarifies that agricultural leasehold tenants who fail to pay rent cannot be prosecuted for estafa, unlike share tenants.

Project Employees Still Enjoy Security of Tenure: Lessons from Saberola v. Suarez

Project employees have security of tenure too. Employers must prove just cause and observe due process before termination, or face liability.