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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 15433–15456 of 25,392 articles

Protecting Child Rape Victims: The Supreme Court on Testimony and Credibility

A look at how Philippine courts treat the testimony of child rape victims and the rules on credibility in these sensitive cases.

Supreme Court: Probable Cause for Libel Despite Fair Comment Defense

SC reinstates libel case over article on minor's underwear, ruling fair comment defense needs full trial.

Fixed-Term Government Officials: Security of Tenure and Dismissal Rules

Fixed-term officials like the KWF chair enjoy security of tenure. Dismissal requires just cause and due process, as the Supreme Court clarified.

Ombudsman Discretion in Preliminary Investigations: Limits of Judicial Review in the Philippines

The Supreme Court clarifies the scope of judicial review over prosecutorial findings in preliminary investigations, emphasizing the standard of grave abuse of discretion.

Cashier's Checks and Bank Insolvency: When a Holder's Claim Is Not a Preference

A depositor's unpaid cashier's checks from a failed bank are disputed claims in liquidation, not automatic preferences. The Supreme Court explains why.

Upholding Client Trust Attorney Suspended FOR Misappropriating Funds AND Neglecting Legal Duty

Ejectment Actions Tolerance and the One-Year Filing Rule in Property Disputes

Learn how the one-year filing rule for ejectment cases works, and why mere allegations of tolerance are not enough in unlawful detainer suits.

Defamation and the Limits of Public Interest: Protecting Private Individuals From Unjustified Scorn

When does public interest end and defamation begin? The Binay case clarifies the limits of privileged communication in libel.

When Can a Government Official Be Held Liable for Omission? The Buenaobra Case

The Supreme Court clarifies when a public officer may be held administratively liable for inaction, and the due process rights of non-career service officials.

Equitable Mortgage Intent Prevails Over Form in Property Transactions

In Romulo v. Layug, the Supreme Court ruled that a deed of absolute sale may be treated as an equitable mortgage when the parties intended it to secure a debt.

Barangay vs. Homeowners: Who Administers a Multi-Purpose Hall?

The Supreme Court clarifies the division of authority between barangays and homeowners' associations over government-funded facilities in subdivisions.

Conspiracy in Estafa: Shared Criminal Intent for Fraud Conviction

How Philippine courts infer conspiracy in estafa cases, using overt acts before, during, and after the crime to prove shared criminal intent.

Breach of Marital Vows: Attorney's Immoral Conduct and the Legal Profession

Supreme Court rules on lawyer-client affair, immorality as professional misconduct, and penalties for breaching marital vows.

Finality of Judgments: When Is a Case Truly Considered Over?

Understand when a case is truly over under Philippine law. This article explains finality of judgments, res judicata, and practical rules for litigants.

The Limits of Administrative Authority: Personal Misconduct vs Official Duties

When does a judge's personal relationship become an administrative liability? The Supreme Court clarifies the line between personal conduct and official duty in this ruling on judicial delay.

Tolerance Ends Unlawful Detainer AND Property Rights IN THE Philippines

When does tolerated possession become unlawful detainer? The Supreme Court clarifies the rules on jurisdiction, demand, and ownership claims.

Altered Checks and Bank Liability: Material Alterations Under the Negotiable Instruments Law

Explaining when a check alteration is material under the NIL, and the liability of drawee banks for returning altered checks.

Seasonal Work vs Regular Employment: Security of Tenure in Philippine Labor Law

When are "seasonal" workers considered regular employees? The Supreme Court clarifies the distinction and its impact on security of tenure.

Compromise Agreements and Employee Rights: When Settlements Don't Erase Prior Illegal Dismissals

A compromise agreement settles monetary claims but doesn't erase a prior ruling of illegal dismissal, especially for non-signatories.

Res Judicata Bars Re-Litigating Security of Tenure in Agrarian Disputes

Philippine Supreme Court ruling on how final judgments bar re-litigation of security of tenure claims in agrarian disputes.

COA Overpayment Recovery Upheld: Quantum Meruit in Government Contracts

Supreme Court affirms COA's order for a contractor to return overpayments, clarifying quantum meruit and due process in government audit cases.

Balancing Public Service AND Moral Conduct Reassessing Attorney Discipline

Loss of Trust and Confidence: When Can an Employer Dismiss an Employee?

Philippine Supreme Court clarifies the legal standard for dismissing an employee on grounds of loss of trust and confidence.

Dismissal Based on Procedural Lapses: The Criticality of Detailing Material Dates in Certiorari Petitions

A certiorari petition that omits material dates risks outright dismissal. Learn the three essential dates and why precision matters.