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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 14617–14640 of 25,392 articles

Res Judicata and Anti-Graft Cases: When Prior Dismissals Bar Prosecution

The Supreme Court ruled that a final dismissal of a behest-loan complaint bars a later anti-graft prosecution over the same transaction, even against officials not named in the first case.

Writ of Possession and Third-Party Rights: Protecting Possessory Interests in Foreclosure Sales

When can a foreclosure sale purchaser evict a third-party possessor? The Supreme Court explains limits on writs of possession.

Misconduct vs. Serious Misconduct: Grounds for Employee Dismissal in the Philippines

Explaining the difference between misconduct and serious misconduct as grounds for dismissal under Philippine labor law, using a Supreme Court ruling.

Protecting Seafarer Rights: Why Proper Documentation Is Key in Illegal Dismissal Cases in the Philippines

Learn how proper documentation protects seafarer rights in illegal dismissal cases, based on a Philippine Supreme Court ruling.

Intent vs Action: Differentiating Attempted From Frustrated Murder in Philippine Law

Philippine Supreme Court clarifies when a stabbing is attempted, not frustrated, murder—and why the subjective phase matters.

Certiorari Requirements Balancing Access to Justice and Procedural Rules

Court rules on clerk of court's dismissal for fund shortages, balancing procedural rules with access to justice.

Clerk of Court Dismissed for P1.04M Shortage in Court Funds

Supreme Court dismisses Clerk of Court for P1.04M cash shortage, ruling dishonesty and grave misconduct warrant removal even if employee is AWOL.

When a Lawyer's Demand Letter Crosses the Line: Threats and Ethics

A lawyer's threat to file criminal charges in a demand letter violates the Code of Professional Responsibility and amounts to blackmail.

Navigating Libel, Good Faith, and Fair Comment in Philippine Law

The Supreme Court explains when good faith and fair comment can defeat a libel charge, using a policyholder's published notice as the case study.

Succession Rights vs NHA Discretion: Resolving Land Disputes After Death

When a land awardee dies, can a government agency bypass heirs and award property to another? The Supreme Court says no.

When Strikes Defy Orders: Consequences for Union Officers in the Philippines

Philippine Supreme Court ruling on illegal strikes, union officer liability, and penalties for defying labor secretary orders.

Illegal Strike Penalties: Union Officers' Dismissal Upheld in PILTEA Case

Supreme Court reinstates dismissal of union officers who staged illegal strike despite Labor Secretary's assumption order and procedural violations.

The Solicitor General’s Mandatory Role in Protecting Government Interests in Litigation

A state college’s default judgment was voided because a private lawyer, not the Solicitor General, represented it. Learn the rule.

Land Registration: Proving Possession Since June 12, 1945 for Imperfect Titles

Philippine Supreme Court clarifies the June 12, 1945 possession requirement for land registration under Section 14 of PD 1529.

Theft Is Consummated Upon Taking: Debunking the Myth of Frustrated Theft

The Supreme Court clarifies that theft is consummated the moment the offender takes property with intent to gain, even if later apprehended.

Direct vs Indirect Contempt: When Courts Must Hold a Hearing Before Punishing

The Supreme Court clarifies the difference between direct and indirect contempt, requiring due process and proper hearing before punishment.

Self-Defense and Unlawful Aggression: Burden of Proof in Philippine Homicide Cases

Philippine Supreme Court ruling on self-defense, unlawful aggression, and the accused's burden of proof in homicide cases.

Contempt of Court: Limits on Summary Punishment and Judicial Notice in Philippine Litigation

Philippine Supreme Court clarifies when courts may punish contempt summarily and when they may take judicial notice of other cases.

Survival of Actions: Protecting Property Rights After Death in Philippine Law

Philippine Supreme Court ruling on when lawsuits survive a party's death, focusing on property rights and heir substitution.

Perjury Charges and Probable Cause: The Role of Good Faith in Affidavit Statements

A look at Soriano v. Cabais on why good faith defeats perjury charges and the proper remedy for Ombudsman dismissals.

Developer's Duty to Maintain Subdivision Streetlights Until Turnover

Philippine Supreme Court clarifies developer obligations for subdivision streetlight maintenance and electricity costs until turnover to local government.

Regular vs. Project Employees: Security of Tenure in Service Contracting

The Supreme Court clarifies when workers in service contracting are regular employees entitled to security of tenure, not mere project hires.

B.P. 22 Issuing a Worthless Check Is a Crime Regardless of Intent

The Supreme Court affirms that issuing a worthless check is a crime under B.P. 22, regardless of the issuer's intent or purpose.

Integrity in Public Service: Dismissal of False Misconduct Allegations Against Court Stenographer

Supreme Court dismisses administrative complaint against court stenographer, ruling that bare allegations and conjectures cannot overcome the presumption of innocence in administrative cases.