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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 12889–12912 of 25,392 articles

Must-Carry Rule vs. Broadcasting Rights: The DTH Satellite Retransmission Case

The Supreme Court ruled that DTH satellite providers may carry free-to-air signals under the must-carry rule without violating broadcasting rights.

Land Disputes and Prescription: Time Limits in Agrarian Reform Cases

The Supreme Court clarifies when the 10-year prescriptive period for reconveyance of agrarian land begins, using Rementizo v. Heirs of Madarieta.

The High Cost of Shortcuts: Notarial Duties and Professional Responsibility

A Supreme Court ruling reminds lawyers that notarizing documents without the affiants present is serious professional misconduct with real consequences.

Imprescriptibility of Actions for Forged Signatures and Void Extrajudicial Settlements

When a signature is forged in an extrajudicial settlement, the action to declare it void does not prescribe. Learn the rule.

Theft Beyond Tangibles: When Telecom Services Became Personal Property

The Supreme Court ruled that telephone services and business can be the object of theft under the Revised Penal Code.

When a Motion for Reconsideration Is Not Required: Certification Election Ruling

Supreme Court clarifies when the motion for reconsideration rule yields to DOLE rules, and how res judicata applies to certification election petitions.

Ownership Disputes Proving Title TO Construction Materials IN Replevin Actions

Proving Ownership in Replevin: The Supreme Court's Ruling in Golden Delta v. Pre-Stress

The Supreme Court clarifies when appellate factual findings may be overturned and how to prove ownership in replevin cases.

Falsification of Public Documents: Duty and Deception in Local Governance

Barangay officials convicted for falsifying a resolution under Article 171(2) of the Revised Penal Code. The Supreme Court explains why.

Incestuous Rape: Delay in Reporting and the Moral Ascendancy of the Abuser

The Supreme Court clarifies when a father's lewd acts on his sleeping daughter constitute acts of lasciviousness, not RA 7610 violations.

Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law

SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.

COA Overpayment Recovery Upheld: Quantum Meruit in Government Construction Contracts

Supreme Court affirms COA's recovery of overpayment from a government contractor, clarifying quantum meruit limits, due process, and procedural deadlines.

Online Psychological Abuse Under VAWC: Higher Penalty When Committed Through Social Media

Supreme Court clarifies that using Facebook to commit psychological abuse under RA 9262 warrants a higher penalty under the Cybercrime Prevention Act.

Retroactivity of Supreme Court Decisions on Tax Exemptions: CJH Development v. BIR

The Supreme Court clarifies when tax exemption rulings apply retroactively and why declaratory relief is not the proper remedy for contesting tax assessments.

Dishonesty in Public Office: The Price of False Entries and Delayed Deposits

A cashier's false cashbook entry and delayed bank deposits amount to dishonesty, warranting dismissal from government service.

Upholding Judicial Efficiency Consequences FOR Undue Delay IN Case Resolution

The Supreme Court annuls a COMELEC ruling that nullified execution pending appeal in an election protest, clarifying the standards for the remedy.

Acts of Lasciviousness vs Rape: When Touching Is Not Insertion in Sexual Assault Cases

The Supreme Court clarifies when digital touching amounts to acts of lasciviousness rather than rape by sexual assault.

When Court Personnel Overstep: The Limits of Judicial Authority in Execution Proceedings

Philippine Supreme Court ruling on sheriffs and clerks of court who bypass judicial authority in executing judgments.

Execution Pending Appeal in Election Protests: The Pecson v. COMELEC Standard

The Supreme Court clarifies when trial courts may order execution pending appeal in election contests, and when COMELEC commits grave abuse of discretion in nullifying such orders.

Child Witness Credibility in Statutory Rape Cases: People v. Perez

How the Supreme Court affirmed a statutory rape conviction based on a child victim's credible testimony, despite the presumption against rape accusations.

Execution Pending Appeal in Election Protests: Court Personnel Cannot Exercise Judicial Discretion

Supreme Court clarifies that court personnel cannot exercise judicial discretion in granting execution pending appeal in election contests.

Doubt IN Rape Cases Inconsistent Testimony Leads TO Acquittal

Forum Shopping and Failure to Prosecute: Lessons from Rural Bank of the Seven Lakes v. Dan

The Supreme Court clarifies the consequences of forum shopping, unverified appeals, and failure to prosecute a case before administrative bodies.

Self Defense Claim Fails THE Duty TO Retreat AND Limits TO Justifiable Force