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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 12985–13008 of 25,392 articles

Legislative Apportionment vs Local Autonomy: When a Plebiscite Is Not Required

Supreme Court clarifies that legislative reapportionment of a city into two districts does not require a plebiscite, distinguishing it from dividing a local government unit.

Construction Arbitration: CIAC Jurisdiction Prevails Over Contractual Forum Choices

Supreme Court clarifies CIAC's exclusive jurisdiction over construction disputes, even when contracts name a different arbitration body.

When Sangguniang Approval Is Needed for Local Government Contracts

Philippine Supreme Court clarifies when local chief executives need sanggunian approval before signing contracts binding their LGUs to new obligations.

When a Sheriff's Delay Undermines Justice: Lessons from Zamudio v. Auro

A deputy sheriff's repeated extensions to a judgment debtor and failure to file reports led to a finding of simple neglect of duty, with a fine imposed by the Supreme Court.

Judicial Ethics, Extra-Marital Affairs, and the Standard of Moral Decency for Judges

The Supreme Court holds judges to exacting moral standards, ruling that even a non-physical romantic relationship with another woman constitutes immorality.

When Supreme Court Rulings Clarify Procedural Rules: The Bagabuyo Case on Legislative Reapportionment

The Supreme Court in Bagabuyo v. COMELEC clarifies that legislative reapportionment does not require a plebiscite, unlike the division of local government units.

Revival of Judgment, Attorney Negligence, and Binding Effect on Heirs

Explains when a dormant judgment can be revived, and how a lawyer's failure to inform the court of a client's death binds the heirs.

Unfair Competition: Likelihood of Confusion vs. Actual Deception in Philippine Trademark Cases

Philippine Supreme Court clarifies that unfair competition requires actual intent to deceive, not just confusing similarity, and explains the proper remedy for DOJ rulings.

Rape and Parental Betrayal: Upholding Convictions in Incestuous Assault Cases

Philippine Supreme Court affirms qualified rape conviction of a father, explaining how clear testimony and flight from detention support guilt.

Treachery IN Group Attacks Establishing Liability IN Murder Cases

Sheriffs Neglect OF Duty A Balance Between Justice AND Mitigating Circumstances

Land Title Registration Proving Open Continuous Possession Since June 12 1945 2

Shareholder Inspection Rights and the Good Faith Defense Under Section 74

The Supreme Court clarifies when a corporation may refuse a shareholder's demand to inspect books without facing criminal liability.

Retirement Benefits Clarifying Rights Under Reorganization AND Existing Laws

Supreme Court clarifies retirement rights, constructive dismissal, and CBA benefits for managerial employees in reorganization.

Reconstitution of Lost Title After Fire: Supreme Court Clarifies Evidence Rules

Supreme Court clarifies when a lost title can be reconstituted after a fire, easing strict documentary requirements.

Reversion of Land: Balancing State Ownership and Good Faith Improvements

When land reverts to the State, what happens to improvements planted in good faith? The Supreme Court provides guidance.

Incestuous Rape: The Unquestioned Authority of a Parent and the Absence of Force

The Supreme Court explains why force is not required in incestuous rape when a father's moral ascendancy over a minor child suffices.

Reinstatement vs Retirement: Resolving Conflicting Employment Rights After Illegal Dismissal

When an illegally dismissed employee reaches retirement age, the right to reinstatement yields to the employer's valid retirement plan, the Supreme Court rules.

Sheriffs Duty Enforcing Judgments Within Legal Limits

Perfecting Appeals: Understanding Timeliness and Exceptions in Philippine Law

Philippine Supreme Court explains why appeal deadlines are mandatory and jurisdictional, and when exceptions may apply.

Final Judgments and Clerical Errors: The PhilHealth v. Chinese General Hospital Case

When a final judgment contains a clerical omission, courts may clarify it by reading the decision as a whole.

Guilt Beyond Reasonable Doubt: Confessions and Corroboration in Murder and Homicide Cases

How Philippine courts weigh confessions, corroborating testimony, and circumstantial evidence to prove guilt beyond reasonable doubt in murder and homicide cases.

Retirement Benefits Tax Exemption: Age and Tenure Requirements Explained

Retirement benefits are tax-exempt only if the retiree meets the 10-year service and 50-year age requirements under the NIRC.

Guilt by Association: Circumstantial Evidence and Conviction in the Philippines

How Philippine courts use circumstantial evidence to convict, explained through a murder case where no one saw the killing.