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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 12793–12816 of 25,392 articles

Real Action vs Annulment: How Courts Determine Proper Docket Fees in Property Disputes

Philippine Supreme Court clarifies when an annulment of sale case is a real action requiring higher docket fees based on property value.

Court Stenographer Dropped From Rolls: The Duty of Judicial Personnel to Maintain Accurate Records

Learn when a court employee can be dropped from the rolls for unsatisfactory performance, and why accurate court records are a public duty.

Lost Inheritance: Proving Kinship in Property Disputes

Philippine Supreme Court ruling on why heirs must prove kinship to claim inherited property, and the limits of Torrens title challenges.

Estafa AND THE Timing OF Deceit Cardenas V People

Drug Sale Conviction Affirmed: Entrapment Evidence and Legal Presumptions in Shabu Cases

Supreme Court affirms drug sale and possession conviction, explaining buy-bust operations, entrapment evidence, and presumptions in Philippine drug cases.

Estafa and the Timing of Deceit: Lessons from the Cardenas Case

When must deceit exist for estafa by postdated check? The Cardenas ruling clarifies the timing requirement under Article 315.

Dropping from the Rolls for Unsatisfactory Ratings: Court Stenographer Case

Supreme Court affirms dropping a court stenographer from the rolls for two consecutive unsatisfactory performance ratings, citing public service demands.

Ejectment Jurisdiction Resolving Ownership IN Unlawful Detainer Cases

Courts may provisionally resolve a plaintiff's death and ownership issues in ejectment cases to determine possession.

Quasi-Delict Liability in Vehicular Accidents: What the Supreme Court Ruling Means

Learn how the Supreme Court applied quasi-delict rules in a vehicular accident case, clarifying negligence, vicarious liability, and damages.

Finality vs Jurisdiction: Resolving Property Disputes in the Philippines

Understand how Philippine courts resolve property disputes, where finality of judgments and jurisdictional rules intersect, and what this means for litigants.

Breach OF Trust Disbarment FOR Attorneys Misappropriation OF Client Property

Entrapment vs Instigation: When Buy-Bust Operations Are Valid in Philippine Drug Cases

Philippine Supreme Court explains the difference between valid entrapment and unlawful instigation in buy-bust operations, using Cruz v. People.

Statutory Rape: Protecting Children and Ensuring Due Process in Criminal Law

A father's conviction for statutory rape upheld, but due process requires every element—including relationship—be alleged in the information.

Navigating Investment Incentives: The Finality of BOI Decisions and Appellate Procedure

The Supreme Court ruled that a denial of an income tax holiday by the Board of Investments must be appealed to the Court of Appeals, not the Office of the President.

SPV Law Notice Requirements: Protecting Debtor Rights in Asset Transfers

Learn how the SPV Law's notice requirements protect debtors when banks transfer non-performing loans to special purpose vehicles.

Treachery in Murder: What the Supreme Court Requires for Conviction

The Supreme Court clarifies treachery as a qualifying circumstance in murder, explaining what evidence proves it and why evident premeditation failed in this case.

Ancestral Domain vs Public Land: Resolving Indigenous Land Claims in Forest Reservations

Supreme Court clarifies NCIP jurisdiction over ancestral land claims but upholds protection of forest reservations from private claims.

Supervisory Negligence: Clerks of Court Held Accountable for Monitoring Court Funds

Philippine Supreme Court holds clerks of court liable for simple neglect of duty for failing to supervise a cashier who misappropriated court funds.

Retrenchment Requisites: When Economic Downturn Does Not Justify Dismissal

Philippine Supreme Court clarifies the strict requisites for valid retrenchment, including proof of losses and 30-day notice rules.

Upholding Comelec Discretion in Pre-Proclamation Controversies

The Supreme Court affirms Comelec's broad discretion in dismissing pre-proclamation disputes, emphasizing limited scope of review and proper remedies.

Burden of Proof in Illegal Dismissal: Why Employers Must Justify Termination

Philippine law places the burden of proof on employers in illegal dismissal cases. Learn the rules and practical takeaways.

Breach OF Public Trust Dismissal FOR Malversation AND Dishonesty IN THE Judiciary

Defining Regular Employment: The Case of Dealco Farms and the Comboys

The Supreme Court clarifies the test for regular employment under Philippine labor law, emphasizing the employer's business nature and the employee's role.

Redemption Rights When A Sale Disguises A Loan Equity Prevails

When a bank finances a subdivision project, it cannot ignore buyers who already paid for lots. The Supreme Court explains why.