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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Preliminary Injunctions and the Sound Discretion Rule in Philippine Courts
Philippine courts have wide discretion in granting preliminary injunctions. Learn the rules from Dolmar Real Estate v. Court of Appeals.
Integrity in Public Service: Due Process in Administrative Misconduct Cases
A Supreme Court ruling on grave misconduct clarifies due process, family interests, and compromise authority in administrative cases.
Municipal Boundaries Law Prevails Over Inconsistent Interpretation
Supreme Court rules that a municipality's boundaries are fixed by its charter law, and only Congress may alter them.
Breach OF Public Trust Customs Officials Misconduct AND Accountability
Pawnshop Liability Fortuitous Events Negligence AND Insurance Obligations IN Pledge Agreements
When a pawned item is lost to robbery, who bears the loss? The Supreme Court clarifies pawnshop liability, fortuitous events, and insurance duties.
DARAB Holds Exclusive Jurisdiction Over CARP Implementation Cases
The Supreme Court clarifies that DARAB, not regular courts, has exclusive jurisdiction over disputes involving CARP implementation, even when framed as recovery of possession.
Rape Conviction Hinges on Proof of Relationship, Not Just Testimony
Supreme Court rules relationship in qualified rape must be proven beyond reasonable doubt, not merely alleged or testified to.
Certiorari Dismissal: The Strict Requirements for Filing Petitions in Philippine Courts
The Supreme Court affirms that certiorari petitions must attach certified true copies of assailed orders—mere xerox copies will lead to dismissal.
Road Right of Way and Due Process in Easement Annotation: The Borromeo Bros. Case
When is annotating an easement of road right of way valid? The Supreme Court explains due process in land registration proceedings.
Prior Physical Possession Is Key in Forcible Entry Cases: Gonzaga v. Agan
Philippine Supreme Court explains why ownership alone is not enough to win a forcible entry case—prior physical possession is required.
Bouncing Checks Acquittal: When Lack of Notice of Dishonor Leads to Acquittal and Reduced Civil Liability
SC acquits in B.P. 22 case for lack of proof of notice of dishonor, but reduces unconscionable 10% monthly interest to 12% per annum.
Dismissal vs Compassion: Balancing Employee Misconduct and Employment Security
The Supreme Court ruled that dismissal was too harsh for an employee's lapses during family crises, affirming that compassion tempers discipline.
Rape Conviction Affirmed: Credibility, Alibi, and Qualifying Circumstances
The Supreme Court affirms a stepfather's rape conviction, explaining why a child victim's credible testimony outweighs alibi and why unalleged qualifying circumstances reduce the penalty.
Treachery and Accountability: Examining Guilt in the Santa Elena Murders
A look at how the Supreme Court affirmed murder and frustrated murder convictions, applying treachery rules in the Santa Elena killings.
Forum Non Conveniens in the Philippines: When Courts Keep Jurisdiction Despite Foreign Elements
Philippine courts can hear cases with foreign elements; a choice-of-law clause does not automatically strip them of jurisdiction.
When Court Orders Spark Complaints: Judicial Errors vs. Administrative Cases
The Supreme Court clarifies when a judge's error is a judicial matter for appeal, not an administrative case, in Tallado v. Racoma.
Retroactive Application of Penal Laws Favoring the Accused in Illegal Firearm Possession
When a new penal law favors an accused, it applies retroactively. The Supreme Court explains this rule in an illegal firearm possession case.
Primarily Confidential: Defining the Role and Tenure of Corporate Secretaries in GOCCs
The Supreme Court rules that the corporate secretary of a GOCC holds a primarily confidential position, not a permanent career post.
Finality Prevails: Condonation of an Audit Disallowance After Supreme Court Affirmation Is Unacceptable
The Supreme Court rules that a final audit disallowance affirmed with finality cannot be condoned by a government agency, upholding COA's execution powers.
Protecting the Vulnerable: Upholding Conviction in Child Rape Case Despite Retraction
Philippine Supreme Court affirms child rape conviction despite victim's retraction, explaining why affidavits of desistance carry little weight in criminal cases.
Exhaustion of Administrative Remedies and Impartiality in HLURB Housing Disputes
The Supreme Court explains why a developer's bid to stop HLURB proceedings for alleged bias failed, and what the ruling means for parties in housing disputes.
Void Titles Collateral Attacks and the Limits of Indefeasibility in Philippine Land Law
When a free patent is void, the title it spawns can be attacked collaterally—indefeasibility has limits.
Clerk of Court Liability for Lost Court Records: The Limits of Due Diligence
When court records go missing, who bears responsibility? The Supreme Court clarifies that clerks of court cannot blame subordinates for lost case files.
Copyright Infringement and Prescription: What Retailers Should Know
A look at how filing a complaint with the DOJ interrupts prescription, and what it means for retailers accused of selling counterfeit goods.