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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 1513–1536 of 2,057 articles for “sec”

Double Jeopardy and Amendment of Information: Protecting Accused Rights After Conviction

Supreme Court rules on double jeopardy when prosecution tries to amend information after conviction and probation application.

Prejudicial Questions and Corporate Disputes: Suspending Civil Actions Pending SEC Determinations

When a civil suit hinges on a corporate board dispute pending before the SEC, courts may suspend proceedings to avoid conflicting rulings.

Project Employees vs Regular Employees: Security of Tenure Under the Labor Code

When is a construction worker a project employee rather than a regular one? The Supreme Court clarifies the rules on tenure and illegal dismissal.

Curing Defects: How Amending a Complaint Can Moot a Case in Philippine Bouncing Checks Law (BP 22)

Learn how a second amended complaint cured defects in a BP 22 case and rendered a certiorari petition moot under Philippine rules.

Seafarer Status Contractual Employment AND Security OF TENURE IN Philippine Maritime LAW

The Supreme Court rules that seafarers are contractual employees, not regular employees, even after decades of continuous rehiring.

Part Time Faculty AND Security OF Tenure Examining Employment Status IN Private Universities

Lawyer's Neglect of Client's Case Warrants Suspension from Practice

Supreme Court suspends lawyer for three months for gross negligence in failing to file position paper and attend hearings before the Social Security Commission.

Malicious Prosecution: Proving Malice and Lack of Probable Cause in Criminal Complaints

The Supreme Court explains when filing criminal complaints becomes malicious prosecution, requiring proof of both malice and lack of probable cause.

Ombudsman’s Power to Appoint vs CSC Rules: The Graft Investigation Officer III Case

The Supreme Court rules that the Ombudsman’s appointees to highly technical positions need not secure CES eligibility to gain permanency.

Notarial Negligence: A Lawyer's Duty to Supervise and the Risks of Delegating Notarial Functions

The Supreme Court suspended a notary public for letting office secretaries handle his notarial duties, underscoring a lawyer's personal responsibility over notarization.

Judicial Overreach Reining IN Interference With Prosecutorial Discretion

Supreme Court clarifies limits on judicial interference with prosecutorial discretion in dismissing a petition challenging the validity of a municipal creation.

Labor Secretarys Authority Reinstatement Orders AND THE Scope OF Labor Disputes

Granting Bail Without Hearing: A Judge's Discretion and the Prosecution's Right to Be Heard

Philippine Supreme Court clarifies that judges must conduct a hearing before granting bail, even in discretionary cases, to protect the prosecution's right to be heard.

Res Judicata: How Philippine Courts Stop Duplicate Cases and Protect Judicial Efficiency

The Supreme Court dismissed a second administrative complaint over the same facts, applying res judicata to bar repetitive litigation and protect court resources.

Airport Fee Hikes Require Notice and Public Hearing: MIAA Rate Increases Void

Supreme Court nullifies MIAA fee increases for lack of notice and public hearing, affirming the DOTC Secretary's authority over rate revisions.

The Mandatory Bail Hearing Rule: Why Judges Cannot Grant Bail Without One

Philippine Supreme Court ruling explains why bail hearings are mandatory, even when the prosecution does not object, and what happens when judges skip them.

Constructive Dismissal: The Employer's Duty to Offer Reasonable Assignments

When a security guard was left without assignments for months after his post ended, the Supreme Court ruled this constituted constructive dismissal.

Shareholder Derivative Suits and Private Prosecutor Intervention in Falsification Cases

The Supreme Court clarifies when a shareholder suit is truly derivative and when private prosecutors may intervene in criminal falsification cases.

Security of Tenure vs Political Patronage: Protecting Civil Service Employees From Unlawful Dismissal

When a mayor forced a municipal engineer to resign or transfer, the Supreme Court reaffirmed that civil service security of tenure cannot be sacrificed to political patronage.

Substantial Justice Prevails When A ONE DAY Appeal Delay Doesnt Doom A Case

The Supreme Court ruled a one-day late appeal can be excused when the delay stems from a public prosecutor's foot-dragging, not the litigant's fault.

Dismissal of Public Official for Grave Misconduct and the Limits of Certiorari

A prosecutor's dismissal for grave misconduct is upheld; certiorari cannot substitute for a lost appeal.

Navigating Anti-Graft Law: The Balance Between Undue Injury and Unwarranted Benefits

The Supreme Court clarifies the two modes of violating Section 3(e) of the Anti-Graft Law, guiding public officers and prosecutors.

Protecting Agrarian Reform Beneficiaries Security OF Tenure Prevails Over Ejectment Claims

Project vs Regular Employment: Security of Tenure in Construction Projects

Philippine Supreme Court clarifies when construction workers are project employees and how valid termination works under labor law.