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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 1465–1488 of 3,439 articles for “ces”

Neglect of Duty: Process Servers Must Exercise Diligence in Serving Summons

A process server's careless substituted service of summons led to an administrative penalty. Learn the strict rules on valid service.

Willful Failure to Pay Just Debts: Court Employee Suspended After Third Offense

Supreme Court suspends court employee for six months for willful failure to pay a just debt, clarifying standards for administrative liability and mitigating circumstances.

Contractor or Employer: Distinguishing Legitimate Contracting From Illegal Labor Practices

A look at Gallego v. Bayer Philippines and how Philippine law separates legitimate job contracting from labor-only contracting.

Lawyer Suspended Six Months for Neglect and Failure to Return Client's Acceptance Fee

Learn how a lawyer's failure to render legal services and return a P50,000 acceptance fee led to a six-month suspension from practice.

Abandonment of Work and Due Process: When Dismissal Is Valid but Still Costs the Employer

Philippine Supreme Court clarifies that abandoning work is a just cause for dismissal, but employers who skip the two-notice rule still pay nominal damages.

Due Process vs Abandonment: Balancing Employee Rights in Termination Cases

Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.

Judicial Restraint Limits on Contempt Power and Due Process Rights

The Supreme Court fines a judge P40,000 for citing a driver in contempt over a parking space, stressing restraint and due process in contempt cases.

HRET Discretion vs Due Process: Protecting the Electorate's Will

When can the House Electoral Tribunal compel a candidate to continue a counter-protest? The Supreme Court explains the limits of judicial review.

Voluntary Easements Survive: Why Adequate Access Does Not Cancel a Granted Right of Way

A voluntary right of way cannot be cancelled just because the dominant estate gains another outlet. Learn the rule from a 2009 Supreme Court case.

Voluntary Easements: Enforceability and Extinguishment of Right of Way Agreements

When can a voluntary right of way be cancelled? The Supreme Court explains why adequate access does not extinguish an agreed easement.

Property Rights in Void Marriages: Due Process in Asset Partitioning

The Supreme Court clarifies that partition of property in void marriages requires full hearing and due process, not hasty execution.

Probationary Employment Security of Tenure and Due Process Rights in the Philippines

The Supreme Court clarifies that probationary employees in the civil service enjoy security of tenure and due process rights, and cannot be dismissed at will.

HLURB's Primary Jurisdiction Over Real Estate Disputes Involving Unsound Practices

When does the HLURB have exclusive jurisdiction over real estate disputes? The Supreme Court clarifies in Tri-Corp v. Greystone.

Due Process in Election Appeals: The 30-Day Rule for COMELEC Petitions

The Supreme Court clarifies the 30-day filing period for appeals from COMELEC rulings, emphasizing strict compliance in election cases.

When Counsel's Gross Negligence Can Win a Client a New Trial

The Supreme Court explains when a lawyer's gross negligence deprives a client of due process and justifies a new trial.

Shareholder Derivative Suits: Venue and Procedure Under Philippine Rules

Learn how Philippine courts determine venue for shareholder derivative suits and why procedural choices like certiorari vs. appeal matter.

Compromise Agreements and Party Autonomy in Philippine Dispute Resolution

The Supreme Court approves a compromise agreement, affirming that parties may settle disputes through mutual concessions under Article 1306 of the Civil Code.

Dismissal for Loss of Trust and Confidence: Clear Proof and Due Process Are Essential

Philippine Supreme Court ruling on when loss of trust and confidence justifies employee dismissal, requiring clear evidence and proper procedure.

Indispensable Parties in Philippine Litigation: Ensuring Complete Justice

Learn how the indispensable party rule ensures complete justice in Philippine litigation, and why courts require all necessary parties to be joined.

Oath of Office Defines Authority: Upholding Appointments Before Succession in Public Office

When does an outgoing official lose appointing power? The Supreme Court rules on oath, succession, and valid promotions.

Redundancy, Retrenchment, and Strikes: Lessons from the Hyatt Regency Manila Case

The Supreme Court balances valid downsizing against illegal strikes, explaining redundancy, retrenchment, and quitclaims in the hotel industry.

Judicial Accountability: Judges and Court Personnel Liable for Negligence in Bail Bond Processing

Supreme Court holds judge and clerk of court liable for gross neglect in approving bail without required documents, imposing fines on retirement benefits.

Rape Conviction Affirmed: Credibility of Victim's Testimony and Weak Defenses of Denial and Alibi

The Supreme Court affirms a rape conviction, ruling that a credible victim's testimony suffices and that denial and alibi are weak defenses.

Carnapping Penalties: The Critical Importance of Allegations in the Information

In Andres v. People, the Supreme Court lowered a carnapping penalty because the Information failed to allege the qualifying circumstances proven at trial.