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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 2,057 articles for “sec”

State Witness Exclusion: Balancing Prosecutorial Discretion and Court Oversight

The Supreme Court clarifies when prosecutors may exclude accused persons from an information to make them state witnesses, and the limits of judicial discretion.

Misconduct and Job Security: When a Private Agreement Impacts Employment

A fishing crew dismissed for taking fish without a gate pass learns that valid cause doesn't excuse denial of due process.

Custody AND Care Sheriffs Duty TO Secure Attached Property NOT Favor Parties

Equitable Mortgage: When a Deed of Sale Disguises a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is really an equitable mortgage securing a debt.

Corporate Rehabilitation vs. HLURB Jurisdiction in Real Estate Rescission Cases

When a developer under corporate rehabilitation faces rescission claims, SEC suspension rules may prevail over HLURB jurisdiction. Learn from this case.

Can the Special Prosecutor Exercise Preventive Suspension Powers? Key SC Ruling

The Supreme Court rules on whether the Ombudsman's Special Prosecutor may validly issue preventive suspension orders in administrative cases.

Double Jeopardy Prevails When Acquittal Bars Further Prosecution

Philippine Savings Bank v. Bermoy clarifies that an acquittal on demurrer to evidence bars any further prosecution, even if the trial court erred.

Water District General Managers: Security of Tenure vs Board Discretion

Philippine Supreme Court ruling on whether water district general managers serve at the pleasure of the board or enjoy security of tenure.

Ombudsman's Power to Investigate and Prosecute SAL Violations Under RA 3019

The Supreme Court affirms the Ombudsman's authority to investigate and prosecute public officials for failure to file Statements of Assets and Liabilities.

Estate Mortgage Invalidity Securing Court Approval FOR Estate Property Transactions

Philippine Supreme Court ruling on why estate property mortgages require court approval under Rule 89, with practical guidance.

Equitable Mortgage vs Absolute Sale: When a Deed of Sale Is Really a Loan Security

Philippine Supreme Court explains when a deed of absolute sale is actually an equitable mortgage protecting borrowers from predatory lending.

Closure of Business Units: Employer Prerogative vs Employee Protection in the Philippines

Philippine law balances an employer's right to close business units against workers' security of tenure, with rules on retrenchment and closure.

Agrarian Reform: Balancing Landowner Rights and Tenant Security in Land Disputes

The Supreme Court ruled that DARAB, not the Court of Appeals, must resolve agrarian disputes, and that identifying CARP beneficiaries is the Secretary of Agrarian Reform's job.

Court Employee Suspended for Impropriety in Handling Litigant's Funds

Legal researcher suspended one year for receiving P130,000 from a litigant and helping secure counsel in a case before her own branch.

Breach of Trust Justifies Dismissal: Equitable PCIBank vs. Caguioa

The Supreme Court upheld the dismissal of a bank manager found to have secretly profited from unauthorized check discounting, citing breach of trust under the Labor Code.

Dismissal of Civil Cases: Understanding Failure to Prosecute in the Philippines

Philippine Supreme Court explains when dismissal for failure to prosecute is proper, and when trial courts abuse their discretion.

Project-Based Workers, Security of Tenure, and the Rule on Premature Appeals in Philippine Labor Cases

A look at Ponce v. NLRC on security of tenure, valid dismissal for absenteeism, and the procedural rule on premature appeals.

Exhaustion of Remedies: When Courts, Not Prosecutors, Hold the Key

A Supreme Court ruling clarifies that once a criminal case is in court, the remedy lies with the court, not administrative appeals.

The Ministerial Duty Securing Possession After Foreclosure IN THE Philippines

Philippine Supreme Court ruling on the ministerial duty to secure possession after foreclosure, explained in plain language.

Dragnet Clauses in Mortgages: Limits on Securing Future Debts with Existing Collateral

Philippine Supreme Court clarifies when a dragnet clause in a real estate mortgage covers future loans, and when separate security prevails.

Forced Resignation vs Illegal Dismissal: Protecting Workers' Right to Security of Tenure

A look at Lotte Phil. v. Dela Cruz on labor-only contracting, security of tenure, and the procedural rules on indispensable parties.

Reviving a Dissolved Management Committee: Limits on SEC Power and Shareholder Disputes

The Supreme Court explains when a special management committee can be revived and why certiorari is not the remedy for failed shareholder disputes.

Usurpation of Authority, Preventive Suspension, and Fraud Upon Government

Explaining when a suspended official's act of reassuming office constitutes fraud upon government under Section 13 of RA 3019.

Customs Search vs Unlawful Seizure: Limits of Airport Security

Philippine Supreme Court ruling on warrantless customs searches at airports, balancing constitutional rights against anti-smuggling enforcement.