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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 1585–1608 of 3,439 articles for “ces”

Homicide and Self-Defense: Burden of Proof and Mitigating Circumstances

A Philippine Supreme Court ruling explains why self-defense must be proven by the accused and how courts assess voluntary surrender and damages in homicide cases.

When Lawyers Issue Bouncing Checks: Administrative Liability Under Philippine Law

A lawyer who issues worthless checks faces suspension even after full payment. Learn the rules from a Supreme Court administrative case.

Wrongful Termination at Sea: Seafarers’ Right to Due Process and Just Cause

SC ruling: a just-cause dismissal of a seafarer is valid even without due process, but the employer must pay P30,000 nominal damages.

Seafarer Dismissal Upheld: Totality of Infractions and Due Process in Maritime Cases

Philippine Supreme Court upholds seafarer's dismissal based on totality of infractions, but awards nominal damages for lack of due process.

Mortgage Foreclosure Minor Errors IN Notice DO NOT Necessarily Void THE Sale

Seafarer Misconduct and Due Process: Balancing Just Cause With Procedural Rights in Maritime Employment

Philippine Supreme Court clarifies that seafarers dismissed for just cause without procedural due process get nominal damages, not reinstatement.

Sheriffs Duty Proper Execution OF Writs AND Consequences OF Neglect

Philippine Supreme Court ruling on a sheriff's administrative liability for simple neglect of duty in executing writs.

Judicial Independence vs Ethical Boundaries: The Meralco-GSIS Case

The Supreme Court's ruling on CA justices in the Meralco-GSIS case clarifies the ethical limits of judicial independence and propriety.

Exhaustion of Remedies and Forum Shopping: Lessons from Oporto v. NPC Board

Supreme Court ruling on exhaustion of administrative remedies, forum shopping, and due process in administrative cases against government employees.

Notarial Duty Ensuring Personal Appearance In Document Acknowledgment

A notary public must require personal appearance of signatories before notarizing documents. Learn the legal consequences of violating this duty.

Peace vs. the Constitution: Delineating Executive Power in Ancestral Domain Agreements

The Supreme Court ruled the MOA-AD unconstitutional, limiting the executive's power to bind the state in peace agreements.

Due Process and Fair Play: When a Lawyer's Oversight Is Not Malice

When can a lawyer be disciplined for lapses in court? The Supreme Court explains the line between honest error and misconduct.

Due Process and Public Interest: When Technicalities Yield in Land Disputes

A disbarment case clarifies when a lawyer's honest errors in land reconstitution cases are not professional misconduct.

Security of Person: The State's Duty to Protect Against Extralegal Killings and Enforced Disappearances

The Manalo ruling defines the constitutional right to security of person and the State's duty to protect citizens from enforced disappearances.

Compromise Agreements Upholding Contractual Freedom To Settle Disputes Out of Court

The Supreme Court approved a compromise agreement ending a subrogation dispute, affirming parties' freedom to settle litigation through mutual concessions.

Due Process Prevails: Demotion Without Notice Violates Employee Rights in the Philippines

Philippine Supreme Court rules on due process in employee discipline, examining demotion without notice and seafarer abandonment cases.

Attorney Disbarred for Abandoning Client After Receiving Full Payment for Legal Services

Supreme Court disbars lawyer who took full payment but abandoned client's case, violating the duty of fidelity and diligence.

The Perils of Untimely Appeals: Adherence to Procedural Rules in Philippine Courts

Explore how strict procedural rules shape Philippine labor cases, from appeal deadlines to due process in dismissals.

Employer Rights vs Employee Due Process: Illegal Dismissal and Nominal Damages

Philippine Supreme Court clarifies that even valid dismissals require procedural due process, with nominal damages for violations.

Notarial Duty Failure To Verify Identity Leads To Suspension And Disqualification

A notary public who notarized a deed without verifying identity was suspended and disqualified. Learn the duties and consequences.

Incestuous Rape Consummation and the Retroactive Effect of the Death Penalty Ban

Explaining when rape is consummated and how R.A. 9346 retroactively reduced death sentences to reclusion perpetua without parole.

Writ of Possession and Third-Party Claims: When Foreclosure Buyers Get Possession

Learn when a court must issue a writ of possession after foreclosure and how third-party claims affect the process, based on a Philippine Supreme Court ruling.

DUE Process AND Foreclosure Understanding Rights IN Mortgage Disputes

Road Lot Rights and Preliminary Injunctions: What Homeowners Must Prove

Philippine Supreme Court ruling on when homeowners can obtain preliminary mandatory injunctions to protect claimed road lot access rights.