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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 1441–1464 of 2,057 articles for “sec”

Second Marriages and SSS Death Benefits: Why Court Decisions Matter

The Supreme Court rules on whether the SSS can disregard a court declaration of presumptive death when awarding death benefits.

Permanent vs Temporary Appointments: Security of Tenure in Philippine Civil Service

A Supreme Court ruling clarifies when a "permanent" appointment is actually temporary, and what it means for security of tenure in government service.

When Two Lawsuits Overlap: Litis Pendentia and the Peril of Splitting One Dispute

The Supreme Court explains when a second lawsuit over the same dispute must be dismissed, even without forum shopping.

Implied Tenancy in Philippine Agrarian Law: Security of Tenure Beyond Written Contracts

Philippine Supreme Court ruling on implied tenancy, forged contracts, and security of tenure for agricultural tenants under RA 1199.

Equitable Mortgage vs Pacto de Retro Sale: Philippine Real Estate Security Rules

Philippine Supreme Court clarifies when a deed of sale with right to repurchase is actually an equitable mortgage, protecting borrowers from losing property.

Construction Arbitration in the Philippines: Securing CIAC Jurisdiction Despite Contractual Clauses

How the Supreme Court affirmed CIAC's exclusive jurisdiction over construction disputes even when contracts name another forum or process.

Second Chances in the Judiciary: Understanding Judicial Clemency for Court Personnel

The Supreme Court explains when it may grant judicial clemency to dismissed court personnel, citing the case of a sheriff who erred on new procedural rules.

Securing Your Right to Possess Public Land: Understanding Accion Publiciana in the Philippines

Learn how Philippine courts resolve possession disputes over public land through accion publiciana, based on a Supreme Court ruling.

Equitable Mortgage vs Absolute Sale: Protecting Your Property Rights in the Philippines

When is a deed of absolute sale actually an equitable mortgage? Philippine law protects borrowers who sign sale documents to secure loans.

Dismissal Denied: Why Properly Stating Your Cause of Action Matters in Philippine Courts

Learn how the Supreme Court ruled on constructive dismissal in a security guard's case and why precise legal claims are crucial.

Regular Employment vs Redundancy: Protecting Employee Rights in Termination Cases

Understand when probationary employees become regular, what proves valid redundancy, and how the Supreme Court safeguards security of tenure.

Fair Prosecution and Due Process: The Prosecutor's Role in Criminal Trials

When a judge allowed defense witnesses to testify without the prosecutor present, the Supreme Court reminded courts that the State is also entitled to due process.

Bigamy and Presumptive Death: When a Second Marriage Becomes a Crime

The Supreme Court explains why a judicial declaration of presumptive death is required before remarrying, and when bigamy applies.

When the Prosecutor Files a Different Offense Than the Police: What the Supreme Court Says

The Supreme Court explains why a prosecutor may charge a different offense than what police initially identified—and why no second preliminary investigation is needed.

Agricultural Leasehold Tenants Rights vs Landowners Share Under Agrarian Reform

Supreme Court ruling on lawful lease rentals, tenant security of tenure, and limits on landowner shares under RA 3844 and RA 6657.

Security of Tenure vs. Loss of Trust: Defining Confidential Employees at PAGCOR

Supreme Court ruling on PAGCOR employees' security of tenure, confidential positions, and loss of trust and confidence as grounds for dismissal.

Territorial Jurisdiction in Estafa Cases: Where the Crime Must Be Proven

In estafa cases, venue is jurisdictional. The Supreme Court explains why the prosecution must prove where the fraud occurred.

Dismissal Due to Illness: Employers Must Secure Medical Certification

Philippine Supreme Court ruling on Manly Express v. Payong clarifies employer obligations when terminating employees due to disease or illness.

Prosecutor's Comment on Motion for Reconsideration After Information Filed Not Misconduct

Supreme Court rules a prosecutor who files a recommendatory comment on a motion for reconsideration after arraignment does not commit conduct prejudicial to the service.

Due Process in Criminal Prosecution: When the State May Present Additional Evidence

Explaining when courts may allow the prosecution to present additional evidence and how the State's right to due process balances against the accused's right to speedy trial.

Acting Secretaries and the Commission on Appointments: The Pimentel Ruling

The Supreme Court explains when the President may appoint acting department secretaries without Commission on Appointments consent.

Upholding Civil Service Integrity: The CSC's Power to Investigate Eligibility Falsification

The Supreme Court affirms the Civil Service Commission's power to directly investigate and prosecute cases of falsified eligibility, protecting the integrity of the civil service.

Presidential Power Limits on Foreign Debt Contraction in the Philippines

The Supreme Court clarifies the President's power to contract foreign loans, including debt buybacks and bond conversions, under Section 20, Article VII of the Constitution.

Equitable Mortgage vs Absolute Sale: Protecting Borrowers in Land Transactions

When is a deed of sale actually a loan secured by property? The Supreme Court explains equitable mortgage protections for borrowers.